Air Plan Approval; Ohio; Removal of Gasoline Volatility Requirements in the Cincinnati and Dayton Areas; Update on the Boutique Fuel List for Illinois and Ohio |
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Robert A. Kaplan
Environmental Protection Agency
7 April 2017
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16932-16934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06889]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0781; FRL-9960-96-Region 5]
Air Plan Approval; Ohio; Removal of Gasoline Volatility
Requirements in the Cincinnati and Dayton Areas; Update on the Boutique
Fuel List for Illinois and Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Ohio Environmental
Protection Agency (Ohio EPA) on December 19, 2016, concerning the
state's gasoline volatility standards in the Cincinnati and Dayton
areas. The revision removes the 7.8 pounds per square inch (psi) low
Reid Vapor Pressure (RVP) fuel requirements for the two areas as a
component of the Ohio ozone SIP. The submittal also includes a section
110(l) demonstration as required by the Clean Air Act (CAA) that
addresses emissions impacts associated with the removal of the program.
EPA proposed to approve the state's submittal on February 15, 2017.
DATES: This final rule is effective on April 7, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0781. 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 15, 2017, at 82 FR 10727, EPA proposed to approve the
removal of the 7.8 psi RVP fuel requirements under OAC 3745-72-1 to 8
from the Ohio ozone SIP before the beginning of the 2017 ozone control
period. The 7.8 psi RVP fuel requirements specifically apply to
gasoline distributed in the Cincinnati and Dayton areas in Ohio.
To support the removal of the 7.8 psi RVP fuel program requirements
from the SIP, the revision included amendments of OAC 3745-72-01
(Applicability), as effective on August 1, 2016; a summary of the Ohio-
specific analyses using EPA's Motor Vehicle Emissions Simulator (MOVES)
model to quantify the emissions impact associated with removing the 7.8
psi RVP fuel program in Cincinnati and Dayton; and a section 110(l)
demonstration that includes offset emissions documentation.
II. What comments did we receive on the proposed SIP revision?
Our February 15, 2017, proposed rule provided a 30-day review and
comment period. The comment period closed on March 17, 2017. EPA
received comments from three parties during the public comment period.
One comment was fully supportive of this action. A second comment
received was completely outside of the scope of this action and
therefore is not being addressed as part of this final action. We are
responding to the remaining comments received.
Comment: The commenter asks how the proposed standards compare to
the standards of other states. The commenter further asks whether there
are other states who have undergone similar changes, and if so what was
the long-term effect of such changes.
Response: Information on areas where EPA has approved requests to
remove the requirement to use low RVP gasoline from a state SIP, such
as the states of Georgia and Illinois, can be found on EPA's Web site
at the following location: (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). It also contains a state-by-state RVP
table that lists and compares all current federally required volatility
programs, as well as all EPA-approved SIP fuel programs.
Regarding the long-term effect of such changes, any SIP revision
submitted to EPA for consideration needs to include a demonstration of
non-interference with the National Ambient Air Quality Standards
(NAAQS) under section 110(l) of the CAA to ensure that impacts on the
NAAQS are considered. Individual rulemakings on each action are
published in the Federal Register and would contain specific emissions
impacts for each of the situations.
Comment: The commenter is seeking EPA's concurrence that the unused
emission reduction credits outlined in our action and generated in the
greater Cincinnati, Ohio area can be used to satisfy the emission
reductions that must be shown to demonstrate noninterference as part of
a future SIP revision removing Reformulated Gasoline requirements in
northern Kentucky.
Response: EPA is not taking a position on the use of credits in a
future action since such issue is outside the scope of this action. Any
subsequent use of emission reduction credits outlined in our action
should be coordinated between Ohio and Kentucky when a request to
adjust requirements is made.
III. What action is EPA taking?
EPA is approving a SIP revision submitted by Ohio EPA on December
19, 2016, removing the state's 7.8 psi RVP fuel requirement for
gasoline distributed in the Cincinnati and Dayton areas. The SIP
revision also includes a section 110(l) demonstration that uses
emissions credits from industrial facilities that have shut down or
permanently reduced emissions in Dayton and Cincinnati to offset
potential increases in emissions resulting from removing the state's
7.8 psi RVP fuel requirements. Upon approval of this SIP revision, 3.51
tons per year (tpy) of volatile organic compound (VOC) emissions
credits from the Miami Valley Publishing Company facility, 4.86 tpy of
VOC from the National Oilwell Varco facility, 40.50 tpy of oxides of
nitrogen (NOX) from the MillerCoors LLC facility and 21.72
tpy of NOX from the Wright-Patterson Air Force Base facility
will be permanently retired. This action is effective on April 7, 2017.
EPA is approving Ohio's removal of the 7.8 psi RVP fuel requirement as
a component of the Ohio ozone SIP because EPA has found that that
removal of the 7.8 psi RVP fuel requirements would not interfere with
attainment or maintenance of any of the National Ambient Air Quality
Standards in the Cincinnati and Dayton areas and would not interfere
with any other applicable requirement of the CAA, and thus, are
approvable under CAA section 110(l). EPA also finds that there is good
cause for this action to become effective
[[Page 16933]]
immediately upon publication. The immediate effective date for this
action is authorized under 5 U.S.C. 553(d)(3) which allows an effective
date less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect. RVP control requirements are summer
control programs that are generally implemented during the summer ozone
season beginning on June 1 at retail gasoline stations. In order to
meet the June 1st requirement at retail gasoline stations, upstream
fuel distributers need to be able to have compliant RVP fuel available
starting on May 1st. Making this rule effective before the beginning of
the summer ozone season, will allow the regulated industry to avoid
having to address multiple RVP requirements during the 2017 ozone
season. For this reason, EPA finds good cause under 5 U.S.C. 553(d)(3)
for this action to become effective on the date of publication of this
action.
IV. Impacts on the Boutique Fuels List 1
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\1\ On December 28, 2006 EPA published an FR notice establishing
the Boutique Fuels List. (See 71 FR 78195.)
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A. Removal of Gasoline Volatility Requirements in the Cincinnati and
Dayton Ozone Areas
As explained at proposal, EPA is required to remove a fuel type
from the Boutique Fuels List if it ceases to be included in a SIP. (CAA
section 211(c)(4)(C)(v)(III). Ohio's 7.8 psi RVP fuel program that is
the subject of this final rule is one of the fuel types on the Boutique
Fuels List. EPA has also approved the 7.8 psi RVP fuel type into
several states SIPs. On the effective date of this rule, Ohio's 7.8 psi
RVP fuel rule will be removed from the approved SIP and we will also
remove the entry for Ohio's RVP rule from the boutique fuel list which
is available at: https://www.epa.gov/gasoline-standards/state-fuels.
However, the 7.8 psi RVP fuel type will remain on the boutique fuel
list because it continues to be included in several other states SIPs.
We will also update the Gasoline Reid Vapor Pressure Web page (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure) on the
effective date of this final rule to remove the counties in the
Cincinnati and Dayton ozone areas from the list of areas where lower
RVP gasoline is required.
B. Removal of Gasoline Volatility Standards Applicable in the Illinois
Portion the St. Louis, MO-IL Ozone Area
As previously explained, EPA is required to remove a fuel type from
the Boutique Fuels List when it ceases to be included in a SIP. The 7.2
psi RVP fuel type is included on the Boutique Fuels List. (See 71 FR
78199). On October 6, 2014, EPA published a direct final rule to remove
Illinois' 7.2 psi low RVP regulation from the State's SIP for its
portion of the St. Louis, MO-IL ozone area. (See 79 FR 60065.) The
removal became effective on December 5, 2014.
Illinois was the only state with such a fuel type in its approved
SIP. EPA intends to publish a separate notice to remove the 7.2 psi RVP
fuel type from the list of boutique fuels.\2\ Removal of this fuel type
from the list creates room that could allow for a new fuel type to be
approved and added to the list. Approval of a new fuel type into a SIP
would be subject to certain restrictions as described in the December
28, 2006, Federal Register notice that established the list of boutique
fuels. (See 71 FR 78193).
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\2\ EPA has previously updated its State Fuels and Gasoline Reid
Vapor Pressure Web pages to reflect the removal of the 7.2 psi RVP
requirement from the Illinois SIP.
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V. 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 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.\3\ 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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\3\ 62 FR 27968 (May 22, 1997).
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VI. 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
[[Page 16934]]
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 June 6, 2017. 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: March 23, 2017.
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.
0
2. In Sec. 52.1870 the table in paragraph (c) is amended under
``Chapter 3745-72 Low Reid Vapor Pressure Fuel Requirements'' by
revising the entry for 3745-72-01 ``Applicability'' to read as follows:
Sec. 52.1870 Identification of plan.
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(c) * * *
EPA-Approved Ohio Regulations
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Ohio
Ohio citation Title/subject effective EPA approval date Notes
date
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Chapter 3745-72 Low Reid Vapor Pressure Fuel Requirements
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* * * * * * *
3745-72-01................. Applicability........ 8/1/2016 4/7/2017, [Insert Only (A) to (C).
Federal Register
citation].
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[FR Doc. 2017-06889 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P