[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, 
[email protected].

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.

* * * * *
    (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