Air Plan Approval; Ohio; Removal of Gasoline Vapor Recovery Requirements |
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Robert A. Kaplan
Environmental Protection Agency
18 October 2016
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71631-71633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24912]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0522; FRL-9954-21-Region 5]
Air Plan Approval; Ohio; 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 under the Clean Air Act (CAA) to the Ohio state implementation
plan (SIP), submittals from the Ohio Environmental Protection Agency
(Ohio EPA) dated July 15, 2015, and February 29, 2016. The revision
addresses the state's Stage II vapor recovery (Stage II) program for
the Cleveland, Cincinnati, and Dayton ozone areas in Ohio. The revision
removes Stage II requirements for the three areas as a component of the
Ohio ozone SIP. The revision also includes a demonstration that
addresses emission
[[Page 71632]]
impacts associated with the removal of the Stage II program. EPA
proposed to approve the state's submittal on June 30, 2016, and
received no comments.
DATES: This final rule is effective on November 17, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0522. 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 June 30, 2016, at 81 FR 42597, EPA proposed to approve
amendments to OAC 3745-21-09 (DDD) that remove Stage II requirements
from the Ohio ozone SIP and allow gasoline dispensing facilities
currently implementing Stage II in the Cleveland, Cincinnati and Dayton
areas to decommission their systems by 2017. The revision included
amended copies of OAC 3745-21-09 (DDD), as adopted on April 29, 2013,
and January 17, 2014; a summary of Ohio-specific calculations, based on
EPA guidance, used to calculate program benefits and demonstrate
widespread use of onboard refueling vapor recovery (ORVR) in Ohio; and
a CAA section 110(l) demonstration that includes documentation that
analyzes the period, 2013-2017, when Stage II requirements were waived
in Ohio but widespread use of ORVR has 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 August 1, 2016. EPA received no
comments.
III. What action is EPA taking?
EPA is approving revisions to the Ohio ozone SIP submitted by the
state dated July 15, 2015, and February 29, 2016, for the state's Stage
II program in Ohio. 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 Ohio
Regulations described in the 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
[[Page 71633]]
circuit by December 19, 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: October 5, 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
0
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. 52.1870 the table in paragraph (c) is amended under
``Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality
Standards, and Related Emission Requirements'' by revising the entry
for 3745-21-09 ``Control of Emissions of Volatile Organic Compounds
from Stationary Sources and Perchloroethylene from Dry Cleaning
Facilities'' to read as follows:
Sec. 52.1870 Identification of plan.
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(c) * * *
EPA-Approved Ohio Regulations
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Ohio effective
Ohio citation Title/subject date EPA approval date Notes
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Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
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3745-21-09.............. Control of Emissions of 1/17/2014 10/18/2016, [Insert except (U)(1)(h).
Volatile Organic Federal Register
Compounds from citation].
Stationary Sources and
Perchloroethylene from
Dry Cleaning Facilities.
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[FR Doc. 2016-24912 Filed 10-17-16; 8:45 am]
BILLING CODE 6560-50-P