Air Plan Approval; Louisiana; Withdrawal of Stage II Vapor Recovery Systems Requirements |
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Kenley McQueen
Environmental Protection Agency
3 June 2020
[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34108-34110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09948]
[[Page 34108]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2019-0496; FRL-10008-75-Region 6]
Air Plan Approval; Louisiana; Withdrawal of Stage II Vapor
Recovery Systems Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving a revision to the
Louisiana State Implementation Plan (SIP) submitted by the State of
Louisiana (``State'') on May 30, 2019 that pertains to gasoline
dispensing facilities (GDFs) in the parishes of Ascension, East Baton
Rouge, Iberville, Livingston, West Baton Rouge, and Pointe Coupee
(``the 6-Parish Area''). The SIP revision EPA is approving removes from
the SIP the requirement to install Stage II vapor recovery systems and
includes requirements for the decommissioning of existing Stage II
equipment at GDFs in the 6-Parish Area.
DATES: This rule is effective on July 6, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2019-0496. All documents in the docket are
listed on the https://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. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Wendy Jacques, EPA Region 6 Office,
Infrastructure & Ozone Section, 214-665-7395, jacques.wendy@epa.gov.
Out of an abundance of caution for members of the public and our staff,
the EPA Region 6 office will be closed to the public to reduce the risk
of transmitting COVID-19. Please call or email the contact listed above
if you need alternative access to material indexed but not provided in
the docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
February 28, 2020 proposal (85 FR 11928). In that document, we proposed
to approve the Louisiana SIP revisions submitted on May 30, 2019 by the
State that (1) remove from the SIP the requirement to implement Stage
II vapor recovery in the 6-Parish Area and (2) provide decommissioning
procedures that existing GDFs in the 6-Parish Area shall complete
within 18 months of the effective date of EPA's approval of this final
rule. The removal of the Stage II requirements is possible because on-
board vapor recovery is now in widespread use in the vehicle fleet. The
revisions to the SIP also include a demonstration that the removal of
Stage II equipment in the 6-Parish Area is consistent with section
110(l) of the Act which precludes approval of revisions to the SIP that
contribute to nonattainment or interfere with maintenance of any
National Ambient Air Quality Standard.
Our February 28, 2020 proposal provided a detailed description of
the revisions and the rationale for EPA's proposed actions, together
with a discussion of the opportunity to comment. The public comment
period for these actions closed on March 30, 2020. We received a
comment of support on our proposal from a private citizen, which is
posted in the docket for this action. See the docket for this
rulemaking and our proposal at 85 FR 11928 for more information.
We did not receive adverse comments regarding our proposal.
Therefore, we are finalizing our action as proposed.
II. Final Action
We are approving revisions to the Louisiana SIP that control
emissions of VOCs and pertain to the removal of Stage II vapor recovery
equipment submitted on May 30, 2019. Specifically, we are approving the
revisions at Title 33 of the Louisiana Air Code, Part III, Chapter 21
(denoted LAC 33:III.2132), subsections B-F and J that remove from the
SIP the requirement to implement Stage II from Ascension, East Baton
Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge
parishes and address the decommissioning of Stage II equipment. We are
also approving related revisions to the Stage II SIP narrative that
address the maintenance and removal of Stage II equipment, and
demonstrate that the removal of, or failure to install Stage II
equipment in the 6-Parish Area, meets section 110(l) of the Act.
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 the
revisions to the Louisiana regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). 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 in the next update to the SIP compilation.
IV. Statutory and Executive Order Reviews
Under the CAA, 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, the 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 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
[[Page 34109]]
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 proposed 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 August 3, 2020. 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, Ozone, Volatile organic
compounds.
Dated: May 5, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
For the reasons stated in the preamble, amend 40 CFR part 52 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 T--Louisiana
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2. In Sec. 52.970:
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a. In paragraph (c) amend the table by revising the entry for ``Section
2132''; and
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b. In paragraph (e) amend the table titled ``EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures'' by adding an entry for
``Stage II Vapor Recovery Program SIP'' at the end of the table.
The revision and addition read as follows:
Sec. 52.970 Identification of plan
* * * * *
(c) * * *
EPA Approved Louisiana Regulations in the Louisiana SIP
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State approval
State citation Title/subject date EPA approval date Comments
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* * * * * * *
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Chapter 21--Control of Emissions of Organic Compounds
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* * * * * * *
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Subchapter F Gasoline Handling
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* * * * * * *
Section 2132.................... Stage II Vapor 7/20/2018 6/3/2020, [Insert .....................
Recovery Systems Federal Register
for Control of citation].
Vehicle Refueling
Emissions at
Gasoline
Dispensing
Facilities.
* * * * * * *
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* * * * *
(e) * * *
[[Page 34110]]
EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Explanation
nonattainment area effective date
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* * * * * * *
Stage II Vapor Recovery Statewide.......... 5/30/2019 6/3/2020, [Insert
Decommissioning. Federal Register
citation].
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[FR Doc. 2020-09948 Filed 6-2-20; 8:45 am]
BILLING CODE 6560-50-P