Air Plan Approval; Maine; Motor Vehicle Fuel Requirements |
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Deborah A. Szaro
Environmental Protection Agency
19 July 2017
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Rules and Regulations]
[Pages 33012-33014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15049]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0648; A-1-FRL-9964-80-Region 1]
Air Plan Approval; Maine; Motor Vehicle Fuel Requirements
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 State of Maine
Department of Environmental Protection (Maine DEP) on August 28, 2015.
This SIP revision includes a revised motor vehicle fuel volatility
regulation that has been updated to be consistent with existing Federal
regulations which require retailers to sell reformulated gasoline (RFG)
in the counties of York, Cumberland, Sagadahoc, Androscoggin, Kennebec,
Knox, and Lincoln, as of June 1, 2015. The intended effect of this
action is to approve of this amendment into the Maine SIP. This action
is being taken under the Clean Air Act.
DATES: This rule is effective on August 18, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2015-0648. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e., CBI 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 at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: John Rogan, Air Quality Planning Unit,
U.S. Environmental Protection Agency, New England Regional Office, 5
Post Office Square--Suite 100, (Mail Code OEP05-2), Boston, MA 02109-
3912, telephone (617) 918-1645, facsimile (617) 918-0645, email
rogan.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 8, 2017 (82 FR 21346), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Maine. The NPR proposed approval of
Maine's revised Chapter 119, Motor
[[Page 33013]]
Vehicle Fuel Volatility Limits, that had been amended to require
retailers to sell reformulated gasoline (RFG) in the counties of York,
Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln
effective June 1, 2015. The formal SIP revision was submitted by the
Maine DEP on August 28, 2015. A detailed discussion of Maine's August
28, 2015 SIP revision and EPA's rationale for proposing approval of the
SIP revision were provided in the NPR and will not be restated in this
notice. No public comments were received on the NPR.
II. Final Action
EPA is approving Maine's August 28, 2015 SIP revision.
Specifically, EPA is approving Maine's revised Chapter 119, Motor
Vehicle Fuel Volatility Limits, and incorporating it into the Maine
SIP. EPA is approving this SIP revision because it meets all applicable
requirements of the Clean Air Act and relevant EPA guidance, and it
will not interfere with attainment or maintenance of the ozone NAAQS.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the State
of Maine's revised Chapter 119 described in the amendments to 40 CFR
part 52 set forth below. The EPA has made, and will continue to make,
these documents generally available through http://www.regulations.gov.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 Clean Air Act; 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 18, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 28, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
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.
Subpart U--Maine
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2. In Sec. 52.1020, the table in paragraph (c) is amended by revising
the entry for ``Chapter 119'' to read as follows:
Sec. 52.1020 Identification of plan.
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(c) * * *
[[Page 33014]]
EPA-Approved Maine Regulations
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EPA approval date
State citation Title/subject State effective EPA approval date Explanations
date and citation \1\
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Chapter 119.................... Motor Vehicle Fuel 7/15/2015 7/19/2017 [Insert Requires the sale of
Volatility Limit. Federal Register federal RFG year
citation]. round and removes the
7.8 RVP requirement
during the period of
May 1 through
September 15 in 7
southern counties.
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
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[FR Doc. 2017-15049 Filed 7-18-17; 8:45 am]
BILLING CODE 6560-50-P