Air Plan Approval; Ohio; Removal of Obsolete Gasoline Volatility Regulations

Cathy Stepp
Environmental Protection Agency
12 April 2019

[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14877-14878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07330]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0103; FRL-9992-20-Region 5]


Air Plan Approval; Ohio; Removal of Obsolete Gasoline Volatility 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request submitted by the Ohio Environmental Protection Agency (Ohio 
EPA) on February 5, 2018, to revise the Ohio State Implementation Plan 
(SIP) under the Clean Air Act (CAA). Ohio EPA requested to remove from 
the SIP the remaining provisions of the Ohio Administrative Code (OAC) 
concerning the State's 7.8 pounds per square inch (psi) Reid vapor 
pressure (RVP) fuel requirements for the Cincinnati and Dayton areas. 
EPA proposed to approve this request in a notice of proposed rulemaking 
(NPRM) dated December 26, 2018. In a previous action, EPA approved the 
removal of the 7.8 psi RVP fuel applicability requirements in the 
Cincinnati and Dayton areas as a component of the Ohio SIP, including 
the approval of a demonstration under section 110(l) of the CAA that 
addressed emissions impacts associated with the removal of the program.

DATES: This final rule is effective on May 13, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0103. All documents in the docket are listed in 
the http://www.regulations.gov website. 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. Background

    On December 19, 2016, Ohio EPA submitted a SIP revision requesting 
that EPA approve the removal of the 7.8 psi RVP fuel applicability 
requirements from the Ohio SIP before the beginning of the 2017 ozone 
control period. The revision also included a section 110(l) 
demonstration addressing the emissions impacts associated with the 
removal of the program. On April 7, 2017 (82 FR 16932), EPA approved 
the removal from the Ohio SIP of the 7.8 psi RVP fuel applicability 
requirements in the Cincinnati and Dayton areas. In that action EPA 
determined 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, 
was approvable under CAA section 110(l).
    Subsequently, Ohio EPA submitted a request to EPA on February 5, 
2018 to remove the remaining low RVP requirements from the Ohio SIP. 
The NPRM provided a 30-day review and comment period. The comment 
period closed on January 25, 2019, and EPA did not receive any comments 
during the public comment period.

II. What action is EPA taking?

    EPA is approving the revision to the Ohio SIP submitted by Ohio EPA 
on February 5, 2018, because the removal of remaining low RVP 
requirements in OAC Chapter 3745-72 from the SIP meets all applicable 
requirements and it would not interfere with reasonable further 
progress or attainment of any of the national ambient air quality 
standards.
    The removal of the remaining provisions in OAC Chapter 3745-72 from 
the SIP are administrative in nature; will result in no emissions 
increases and not have any negative impact on air quality in the 
Cincinnati and Dayton areas.

III. 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

[[Page 14878]]

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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 June 11, 2019. 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 26, 2019.
Cathy Stepp,
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.


Sec.  52.1870   [Amended]

0
2. In Sec.  52.1870, the table in paragraph (c) is amended by removing 
the heading entitled ``Chapter 3745-72 Low Reid Vapor Pressure Fuel 
Requirements'' and the entries ``3745-72-01'' through ``3745-72-08''.

[FR Doc. 2019-07330 Filed 4-11-19; 8:45 am]
 BILLING CODE 6560-50-P