Air Plan Approval; Indiana; Removal of Gasoline Vapor Recovery Requirements |
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Robert A. Kaplan
National Highway Traffic Safety Administration
9 June 2016
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Rules and Regulations]
[Pages 37160-37162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13605]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0315; FRL-9947-39-Region 5]
Air Plan Approval; Indiana; Removal of Gasoline Vapor Recovery
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving, as a
revision to the Indiana state implementation plan (SIP), submittals
from the Indiana Department of Environmental Management (IDEM) dated
April 27, and September 10, 2015. The submittal concerns the state's
Stage II vapor recovery (Stage II) program for the Indiana portion of
the Chicago (Lake and Porter counties) and the Louisville, Kentucky
(Clark and Floyd counties) ozone nonattainment areas. The submittal
removes Stage II requirements from both nonattainment areas, as a
component of the Indiana ozone SIP. The submittal also includes a
demonstration under the Clean Air Act (CAA) that addresses emission
impacts associated with the removal of the Stage II program. EPA
proposed to approve the state's submittal on February 25, 2016, and
received no comments.
DATES: This final rule is effective on July 11, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0315. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed by this document?
On February 25, 2016, at 81 FR 9391, EPA proposed to approve
amendments to 326 IAC 8-4-6 and 326 IAC 8-4-1 of the Indiana
Administrative Code, removing Stage II requirements from the Indiana's
Federally-approved ozone SIP. The revision included copies of 326 IAC
8-4-1 and 326 IAC 8-4-6, as published in the Indiana Register on March
4, 2015 (Document ID Number: 20150304-IR-326120636FRA); a summary of
state-specific calculations based on EPA guidance used to calculate
program benefits and demonstrate widespread use of onboard refueling
vapor recovery (ORVR) in Indiana; and a section 110(l) demonstration
that includes offset emission documentation that addresses the 2013-
2015 period, when Stage II requirements were waived in Indiana but
widespread use of ORVR had not yet occurred.
II. What comments did we receive on the proposed SIP revision?
EPA provided a 30-day review and comment period on the proposed
action. The comment period closed on March 28, 2016. EPA received no
comments.
III. What action is EPA taking?
EPA is approving revisions to the Indiana ozone SIP submitted dated
[[Page 37161]]
April 27, and September 10, 2015, concerning the state's Stage II
program in Indiana. EPA finds that the revisions will not interfere
with any applicable requirement concerning attainment, reasonable
further progress or any other applicable CAA requirement.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in the proposed amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\ EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 5 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 8, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: June 3, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. In Sec. 52.770 the table in paragraph (c) is amended under
``Article 8: Volatile Organic Compound Rules'', ``Rule 4: Petroleum
Sources'' by revising the entries for 8-4-1 ``Applicability'' and 8-4-6
``Gasoline dispensing facilities'' to read as follows:
Sec. 52.770 Identification of plan.
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(c) * * *
[[Page 37162]]
EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective date EPA approval date Notes
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Article 8: Volatile Organic Compound Rules
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Rule 4: Petroleum Sources
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8-4-1............................. Applicability........ 3/5/2015 6/9/2016, [Insert Federal Register
citation].
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8-4-6............................. Gasoline dispensing 3/5/2015 6/9/2016, [Insert Federal Register
facilities. citation].
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[FR Doc. 2016-13605 Filed 6-8-16; 8:45 am]
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