[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Proposed Rules]
[Pages 21346-21347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09181]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0648; FRL-9961-24-Region 1]


Air Plan Approval; ME; Motor Vehicle Fuel Requirements

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Maine on August 28, 2015. The 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 propose approval of this 
amendment into the Maine SIP. This action is being taken under the 
Clean Air Act.

DATES: Written comments must be received on or before June 7, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2015-0648 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. Organization of this document. 
The following outline is provided to aid in locating information in 
this preamble.

I. Background and Purpose
II. Maine's Revisions to Its Chapter 119 Motor Vehicle Fuel 
Volatility Limits
III. EPA's Evaluation of Maine's SIP Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Removal of Maine's Gasoline Volatility Requirements in Southern 
Maine--Impacts on the Boutique Fuels List
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 28, 2015, the Maine Department of Environmental 
Protection (DEP) submitted to the EPA a revision to its State 
Implementation Plan (SIP). The SIP revision consists of Maine's revised 
Chapter 119 Motor Vehicle Fuel Volatility Limits. Chapter 119 was 
revised to require retailers to sell reformulated gasoline (RFG) in the 
counties of York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, 
and Lincoln (hereinafter, the ``Southern Maine Counties'') effective 
June 1, 2015. RFG is gasoline that is blended to burn more cleanly as 
compared to conventional gasoline. This regulation was revised to be 
consistent with existing federal regulations at 40 CFR part 80, subpart 
D.
    In April, 2013, the Maine Legislature enacted Public Law 2013 c.221 
calling for the use of RFG in the Southern Maine Counties beginning May 
1, 2014. On July 23, 2013, the Governor of Maine formally requested, 
pursuant to Clean Air Act (CAA) section 211(k)(6)(B), that the EPA 
extend the requirement for the sale of RFG to these counties beginning 
on May 1, 2014. The Maine legislature subsequently enacted an emergency 
law, Public Law 2013 c.452, effective March 6, 2014, to postpone the 
requirement for the sale of RFG in the Southern Maine Counties until 
June 1, 2015. Pursuant to that legislation, the Commissioner of the 
Maine DEP submitted a request to the EPA on March 10, 2014, modifying 
Maine's request for the implementation date for the sale of RFG in the 
Southern Maine Counties to coincide with the new June 1, 2015 effective 
date.
    Per Maine's request, the EPA extended the requirements of the RFG 
program to the Southern Maine Counties. The final rule, Regulation of 
Fuels and Fuel Additives: Extension of the Reformulated Gasoline 
Program to Maine's Southern Counties, was published in the Federal 
Register on February 6, 2015 (80 FR 6658).

II. Maine's Revisions to Its Chapter 119 Motor Vehicle Fuel Volatility 
Limits

    On August 28, 2015, the Maine DEP submitted to EPA a SIP revision 
containing Maine's revised Chapter 119 Motor Vehicle Fuel Volatility 
Limits rule adopted on May 21, 2015. The rule's prohibition on selling 
or dispensing motor vehicle fuel having a Reid Vapor Pressure (RVP) 
greater than 7.8 pounds per square inch (psi), in the Southern Maine 
Counties, during the period of May 1 through September 15 was revised 
to apply through September 15 of 2014, and a new provision, requiring 
retailers who sell gasoline in the Southern Maine Counties to only sell 
RFG in those counties year round, was added to the rule. The revisions 
to Chapter 119 maintain the 9.0 psi maximum RVP requirement in the 
reminder of the State during the period of May 1 through September 15 
each year.

III. EPA's Evaluation of Maine's SIP Revision

    EPA previously approved Maine's Chapter 119 into the Maine SIP on 
March 6, 2002 (67 FR 10100). EPA has reviewed Maine's revised Chapter 
119 Motor Vehicle Fuel Volatility Limits rule and has concluded that 
Maine's August 28, 2015 SIP revision is consistent with the anti-back 
sliding requirements of CAA section 110(l). The previous version of 
Chapter 119 currently in the Maine SIP states that in the Southern 
Maine Counties ``no owner or operator shall dispense, sell, or supply 
as fuel for motor vehicles a gasoline having a RVP greater than 7.8 psi 
during the period of May 1 through September 15 of each year.'' The 
revised rule instead requires RFG in the Southern Maine Counties year-
round beginning June 1, 2015, without the 7.8 psi RVP requirement, and 
maintains the 9.0 psi RVP requirement in the reminder of the State. 
Requiring a lower RVP for fuels means less evaporative emissions, and 
therefore removal of such a

[[Page 21347]]

requirement might be of concern. In this case, however, although the 
low RVP requirement for the Southern Maine Counties has been removed, 
it has been replaced with a requirement for the sale of RFG. The 
requirement for RFG, in practice, results in a similar RVP for the 
fuel. Specifically, an analysis of summer time RFG for 2011-2015 
indicates an annual average RVP between 7.01 and 7.13 psi, with a 
standard deviation of approximately 0.19 psi.\1\ Therefore, Maine's 
revised Chapter 119 meets the CAA section 110(l) anti-back sliding 
requirements and EPA is proposing to approve the revised regulation.
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    \1\ See EPA memorandum, ``Volatility of Reformulated Gasoline'' 
(October 3, 2016), available in the docket for today's action.
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IV. Proposed Action

    EPA is proposing to approve Maine's August 28, 2015 SIP revision. 
Specifically, EPA is proposing to approve, and incorporate into the 
Maine SIP, Maine's revised Chapter 119 Motor Vehicle Fuel Volatility 
Limits rule. EPA is proposing to approve this SIP because it meets all 
applicable requirements of the CAA and relevant EPA guidance, and it 
will not interfere with any applicable requirement concerning National 
Ambient Air Quality Standards (NAAQS) attainment and reasonable further 
progress or with any other applicable requirement in the Clean Air Act.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the Maine regulation referenced in Section IV. of this 
preamble. The EPA has made, and will continue to make, these documents 
generally available electronically through http://www.regulations.gov 
and/or in hard copy at the appropriate EPA office.

VI. Removal of Maine's Gasoline Volatility Requirements in Southern 
Maine--Impacts on the Boutique Fuels List

    Section 1541(b) of the Energy Policy Act of 2005 required EPA in 
consultation with the U.S. Department of Energy to determine the number 
of fuels programs approved into all SIPs as of September 1, 2004 and to 
publish a list of such fuels. On December 28, 2006, EPA published the 
list of boutique fuels. (See 71 FR 78192.) EPA maintains the current 
list of boutique fuels on its Web site at: https://www.epa.gov/gasoline-standards/state-fuels. The final list of boutique fuels was 
based on a fuel type approach. CAA section 211(c)(4)(C)(v)(III) 
requires that EPA remove a fuel from the published list if it is either 
identical to a federal fuel or is removed from the SIP in which it is 
approved. Under the adopted fuel type approach, EPA interpreted this 
requirement to mean that a fuel would have to be removed from all SIPs 
in which it was approved in order for it to be removed from the list. 
(See 71 FR 78195)
    The 7.8 psi RVP fuel program, which is approved into Maine's SIP, 
is a fuel type that is included in EPA's boutique fuel list, 71 FR 
78198-99; (https://www.epa.gov/gasoline-standards/state-fuels) and the 
specific counties in Southern Maine where the 7.8 psi RVP gasoline was 
required are identified on EPA's Gasoline Reid Vapor Pressure Web page 
(https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). 
If today's proposed approval of the removal of Maine's 7.8 psi RVP 
requirement from the State's SIP is subsequently granted final 
approval, EPA intends to update the State Fuels and Gasoline Reid Vapor 
Pressure Web pages on the effective date of the removal. While EPA 
intends to delete the entry for Maine from the list of boutique fuels, 
this would not result in an opening on the boutique fuels list because 
the 7.8 psi RVP fuel type remains in other state SIPs.

VII. 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 proposed 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 proposed 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).

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: March 21, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-09181 Filed 5-5-17; 8:45 am]
 BILLING CODE 6560-50-P