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Air Plan Approval; Indiana; Removal of Gasoline Vapor Recovery Requirements

American Government Special Collections Reference Desk

American Government

Air Plan Approval; Indiana; Removal of Gasoline Vapor Recovery Requirements

Robert A. Kaplan
National Highway Traffic Safety Administration
9 June 2016

[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Rules and Regulations]
[Pages 37160-37162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13605]



40 CFR Part 52

[EPA-R05-OAR-2015-0315; FRL-9947-39-Region 5]

Air Plan Approval; Indiana; Removal of Gasoline Vapor Recovery 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving, as a 
revision to the Indiana state implementation plan (SIP), submittals 
from the Indiana Department of Environmental Management (IDEM) dated 
April 27, and September 10, 2015. The submittal concerns the state's 
Stage II vapor recovery (Stage II) program for the Indiana portion of 
the Chicago (Lake and Porter counties) and the Louisville, Kentucky 
(Clark and Floyd counties) ozone nonattainment areas. The submittal 
removes Stage II requirements from both nonattainment areas, as a 
component of the Indiana ozone SIP. The submittal also includes a 
demonstration under the Clean Air Act (CAA) that addresses emission 
impacts associated with the removal of the Stage II program. EPA 
proposed to approve the state's submittal on February 25, 2016, and 
received no comments.

DATES:  This final rule is effective on July 11, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2015-0315. 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 

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, 

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 25, 2016, at 81 FR 9391, EPA proposed to approve 
amendments to 326 IAC 8-4-6 and 326 IAC 8-4-1 of the Indiana 
Administrative Code, removing Stage II requirements from the Indiana's 
Federally-approved ozone SIP. The revision included copies of 326 IAC 
8-4-1 and 326 IAC 8-4-6, as published in the Indiana Register on March 
4, 2015 (Document ID Number: 20150304-IR-326120636FRA); a summary of 
state-specific calculations based on EPA guidance used to calculate 
program benefits and demonstrate widespread use of onboard refueling 
vapor recovery (ORVR) in Indiana; and a section 110(l) demonstration 
that includes offset emission documentation that addresses the 2013-
2015 period, when Stage II requirements were waived in Indiana but 
widespread use of ORVR had not yet occurred.

II. What comments did we receive on the proposed SIP revision?

    EPA provided a 30-day review and comment period on the proposed 
action. The comment period closed on March 28, 2016. EPA received no 

III. What action is EPA taking?

    EPA is approving revisions to the Indiana ozone SIP submitted dated

[[Page 37161]]

April 27, and September 10, 2015, concerning the state's Stage II 
program in Indiana. EPA finds that the revisions will not interfere 
with any applicable requirement concerning attainment, reasonable 
further progress or any other applicable CAA requirement.

IV. 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 Indiana 
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.\1\ 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).

    \1\ 62 FR 27968 (May 22, 1997).

V. 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 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. 
    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 August 8, 2016. 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: June 3, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:


1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

2. In Sec.  52.770 the table in paragraph (c) is amended under 
``Article 8: Volatile Organic Compound Rules'', ``Rule 4: Petroleum 
Sources'' by revising the entries for 8-4-1 ``Applicability'' and 8-4-6 
``Gasoline dispensing facilities'' to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

[[Page 37162]]

                                                            EPA-Approved Indiana Regulations
         Indiana citation                  Subject         effective date             EPA approval date                            Notes
                                                                      * * * * * * *
                                                       Article 8: Volatile Organic Compound Rules
                                                                Rule 4: Petroleum Sources
8-4-1.............................  Applicability........        3/5/2015  6/9/2016, [Insert Federal Register
                                                                      * * * * * * *
8-4-6.............................  Gasoline dispensing          3/5/2015  6/9/2016, [Insert Federal Register
                                     facilities.                            citation].
                                                                      * * * * * * *

* * * * *
[FR Doc. 2016-13605 Filed 6-8-16; 8:45 am]

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