Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Control of Gasoline Volatility
[Federal Register: May 25, 2007 (Volume 72, Number 101)]
[Rules and Regulations]
[Page 29269-29273]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my07-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0976; FRL-8318-3]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Control of Gasoline Volatility
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Ohio on February 14, 2006, and October 6,
2006, establishing a lower Reid Vapor Pressure (RVP) fuel requirement
for gasoline distributed in the Cincinnati and Dayton 8-hour ozone
nonattainment areas. Ohio has developed this fuel requirement to reduce
emissions of volatile organic compounds (VOC) in accordance with the
requirements of the Clean Air Act (CAA). EPA is approving Ohio's fuel
requirement into the Ohio SIP because EPA has found that the
requirement is necessary for the Cincinnati and Dayton areas to achieve
the 8-hour ozone national ambient air quality standard (NAAQS). This
action is being taken under section 110 of the CAA. On March 29, 2007,
the EPA published a Notice of Proposed Rulemaking (NPRM) proposing to
approve the SIP revision. During the comment period EPA received a
number of comments both supporting and opposing the approval of the
fuel requirement.
This document summarizes the comments received, EPA's responses,
and finalizes the approval of Ohio's SIP revision to establish a RVP
limit of 7.8 pounds per square inch (psi) for gasoline sold in the
Cincinnati and Dayton 8-hour ozone nonattainment areas.
DATES: This final rule is effective on May 31, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0976. 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., Confidential Business
Information (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 either
electronically through http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Francisco J. Acevedo,
Environmental Protection Specialist, at (312) 886-6061 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental
Protection Specialist, Criteria Pollutant Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What is our response to comments received on the notice of
proposed rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Review
I. What is the background for this action?
On April 15, 2004, the EPA designated 5 counties in the Cincinnati,
Ohio area (Hamilton, Butler, Clinton, Warren and Clermont counties--
Cincinnati-Hamilton, OH-KY-IN) and 4 counties in the Dayton, Ohio area
(Clark, Greene, Miami, and Montgomery counties--Dayton-Springfield, OH)
as nonattainment for the 8-hour ozone standard. Both areas have been
designated Basic nonattainment with respect to the 8-hour ozone
standard and they are required to attain the
[[Page 29270]]
standard as expeditiously as practicable, but no later than June 2009.
As part of the State of Ohio's (Ohio) efforts to bring these areas
into attainment, the State is adopting and implementing a broad range
of ozone control measures including control of emissions from auto
refinishing operations, the reduction of VOC emission from portable
fuel containers, the adoption of industrial solvent degreasing rules,
and the implementation of a 7.8 pound per square inch (psi) RVP fuel
program.
Ohio originally proposed to replace the State's vehicle inspection
and maintenance (I/M) program in Cincinnati and Dayton, which was
discontinued by the State on December 31, 2005, with the requirement to
supply 7.8 psi RVP gasoline to these areas starting in 2006. However,
the State modified its original request and asked that EPA act on the
state's fuel waiver request to allow the use of 7.8 psi RVP gasoline in
both areas. On February 14, 2006, Ohio submitted the fuel waiver
request as a SIP revision. The submittal included adopted amended rules
under Ohio Administrative Code Chapter 3745-72 ``Low Reid Vapor
Pressure Fuel Requirements'' to require the use of 7.8 psi RVP gasoline
in the Cincinnati and Dayton areas beginning on June 1, 2006.
Soon after the State's February 14, 2006 submittal, the American
Petroleum Institute (API) appealed the State's 7.8 psi RVP rule on the
basis that there was insufficient time to implement the rule and that
EPA had not yet issued a waiver under section 211(c)(4)(C) of the CAA,
as amended. EPA conducted an informal survey of gasoline suppliers and
determined that there was not enough 7.8 psi RVP gasoline to supply the
Cincinnati and Dayton nonattainment areas during the 2006 ozone season.
As part of the State's settlement with API on its appeal, Ohio agreed
to revise the rule to delay the effective date of the rule until twelve
months following the approval of a fuel waiver by EPA in order to
ensure that there is sufficient time for the regulated community to
prepare for the change.
On July 10, 2006, the Ohio Environmental Protection Agency (OEPA)
adopted amended rules under the Ohio Administrative Code Chapter 3745-
72 ``Low Reid Vapor Pressure Fuel Requirements'' to modify the
implementation date for the required use of 7.8 psi RVP gasoline in the
Cincinnati and Dayton areas to be one year after the approval of a fuel
waiver under CAA amendments section 211(c)(4)(C). Public hearings on
the amended rules were held on June 2, 2006, in Columbus, Ohio and the
rules became effective at the state level on July 17, 2006.
The OEPA submitted these amended low-RVP rules to EPA as a revision
to the SIP on October 6, 2006. As part of the October 6, 2006
submittal, OEPA included additional technical support for the SIP
revision, including documentation supporting the State's request to
waive the CAA preemption of State fuel controls pursuant to section
211(c)(4) of the CAA.
On March 29, 2007, EPA proposed approval of the State's SIP
revision to establish a 7.8 psi low-RVP fuel program in the Cincinnati
and Dayton 8-hour ozone nonattainment areas. (See 72 FR 14729). As
detailed in the proposed approval, EPA found the low-RVP fuel program
necessary pursuant to Section 211(c)(4)(C) of the CAA. In addition, EPA
also proposed approval of the State's SIP revision as consistent with
the provisions of the Energy Policy Act (EPAct).
II. What is our response to comments received on the notice of proposed
rulemaking?
During the comment period for the March 29, 2007, proposal we
received several comments from 16 commenters including the API and the
Regional Air Pollution Control Agency (RAPCA) of Dayton, Ohio. Six of
the commenters, including RAPCA, were in favor of the proposed fuel and
supported EPA approval. A number of commenters also submitted adverse
comments that were outside the scope of the proposal (e.g., approval of
reformulated gasoline, corn ethanol). A summary of the relevant
portions of the adverse comments received on the proposed rule and
EPA's response to these comments is presented below. EPA does not view
the adverse comments we received as a basis to disapprove the SIP
revision. We believe the SIP revision meets the applicable requirements
of the CAA, and we are approving it.
Comment: API states ``API supports Ohio's revision to the rule,''
providing for low RVP gasoline as of one year after EPA approval of the
rule. API then states, ``However, it would be unlawful for USEPA to
approve this SIP revision.'' API thus implicitly recommends that EPA
not approve Ohio's rule.
Response: EPA appreciates API's support for Ohio's rule change
allowing one year lead time from EPA final approval. However, EPA
disagrees with API's contention that approving Ohio's rule would be
unlawful, and EPA disagrees with API's recommendation that EPA not
approve Ohio's rule. The discussion below addresses API's more specific
comments.
Comment: API repeats some of the modeling uncertainties that EPA
noted in its proposed rulemaking, and concludes that ``EPA should
require that States seeking approval under 211(c)(4)(C) submit accurate
modeling and back-up analysis as part of the waiver request. Providing
it later with an attainment demonstration is too late to be useful for
EPA's fuel waiver analysis.''
Response: EPA must make judgments as to whether it has the best
available modeling information and whether the information is of
adequate quality to support the conclusion being reached. ``EPA has
undoubted power to use predictive models so long as it explains the
assumptions and methodology used in preparing the model and provides a
complete analytic defense should the model be challenged.'' Appalachian
Power Company v. EPA, 251 F.3d 1026, 1051 (D.C. Cir. 2001) (internal
citations omitted). EPA also recognizes that any modeling analysis, and
any projection of future conditions, inherently has uncertainties.
``That a model is limited or imperfect is not, in itself a reason to
remand agency decisions based upon it.'' Id. ``It is only when the
model bears no rational relationship to the characteristics of the data
to which it is applied that [courts] will hold that the use of the
model is arbitrary and capricious.'' Appalachian Power Company v. EPA,
135 F.3d 791, 802 (D.C. Cir. 1998) (internal citations omitted). Thus,
in this instance EPA believes that it is using the best available
modeling information, that the information is of adequate quality to
find low RVP fuel necessary, and that the commenter has provided no
rationale for EPA to believe otherwise. Further, regardless of what
information the state provides, directly or indirectly, EPA's
obligation is to use available information to judge whether a fuel
program is necessary. EPA agrees that information that Ohio is
preparing for submittal with its attainment demonstration will not be
available for EPA's fuel waiver analysis, but notes that such
information is not required for purposes of making a necessity finding
under either section 211(c)(4)(C)(i) or EPA's August 1997 ``Guidance on
Use of Opt-in to RFG and Low RVP Requirements in Ozone SIPs.'' EPA
believes that the modeling information already available is adequate
for finding low RVP fuel necessary.
Comment: API states that the State of Ohio has not made its
``necessity'' showing because there are non-fuel measures (e.g., E-
check) that are
[[Page 29271]]
reasonable and practicable. API points out that OEPA has already
adopted and implemented E-check for Dayton-Cincinnati, thus, proving
that this control measure is both reasonable and practicable. API also
contends that EPA provides no independent analysis or review of the
non-fuel measures and that ``it appears that EPA did not review the
reasons OEPA gives for why E-check is not reasonable or practicable, as
they do not comment in their proposal on OEPA's rationale''.
Response: EPA agrees with API's conclusion that E-check is a
reasonable and practical control measure. However, EPA views the issue
of whether E-check is reasonable or practicable as irrelevant in making
a ``necessity'' determination because Cincinnati and Dayton's E-check
program is currently part of the existing SIP and, thus, is still a
required control measure in both areas regardless of whether the
program is currently operating or not. In addition, the modeling
analysis used in demonstrating ``necessity'' reflects the emission
reductions associated with the E-check as if the program was still
operating. EPA has concluded that even with the implementation of all
non-fuel control measures determined to be reasonable and practicable,
including E-check, additional VOC reductions are necessary to achieve
the ozone NAAQS. Further, EPA concluded, based on the information
available to us, that no other reasonable and practicable non-fuel
measures were available to the State that would achieve these needed
emission reductions in a timely manner. Thus the Agency concludes that
the 7.8 psi RVP fuel program is necessary for attainment of the
applicable ozone NAAQS.
EPA disagrees with API's assertion that EPA did not review and take
into consideration the reasons OEPA outlined in the State's submittal
regarding why the State considered E-check to be unreasonable or
impracticable. As provided above, EPA reviewed OEPA's rationale but
determined that it was irrelevant in making the necessity demonstration
because E-check is a required program in Ohio's SIP. Regarding API's
concern that EPA did not provide an independent analysis or review of
the non-fuel measures, EPA provided the opportunity for the public to
review and comment on all aspects of Ohio's submittal including the
evaluation of the non-fuel measures considered by the State. EPA did
not receive any specific comments questioning either the list of non-
fuel measures considered or the results of the State's analysis. EPA
believes that the State's assessment adequately identifies and
evaluates non-fuel measures.
Comment: An anonymous commenter urges that EPA not approve the 7.8
RVP gasoline requirement due to deficiencies in the showing that low
RVP fuel is necessary. First, the commenter objects to the estimation
of the emission reduction between 2008 and 2009 by calculating one
seventh of the emission reduction between 2002 and 2009, since
commenter believes that an ``analysis of whether [pertinent emission
reductions are] linear'' would show that emission reductions occur
disproportionately in early years of control programs and only
minimally later. Second, the commenter observes that the Dayton and
Cincinnati nonattainment areas are subject to a requirement `` `to
submit an attainment demonstration that relies on photochemical grid
modeling,' '' and the commenter believes that ``a completed attainment
demonstration seems to be necessary'' to ``properly determine whether a
low-RVP fuel is necessary.'' Third, the commenter believes that ``a
`weight of evidence' analysis is needed with such modeling.'' The
commenter concludes that ``USEPA should fully evaluate the necessity of
such lower RVP fuel in accordance with section 211(c)(4)(C) of the
Clean Air Act.''
Response: EPA used the best available information to evaluate
whether Ohio's low RVP fuel program is necessary. First, the most
significant VOC emission reductions between 2002 and 2009 are from
mobile sources, which are yielding relatively linear emission
reductions resulting from a steady rate of replacement of old dirtier
vehicles with new cleaner vehicles. (Emissions for NOX
declined more than the average 2002 to 2009 rate in the early days of
the NOX SIP Call program and can be expected to decline at
less than that rate in the future, but EPA's approximation of necessary
emission reductions applied only to VOC emissions.) EPA considered this
situation in deciding to apply an assumption of approximately linear
reductions, and EPA continues to believe that the best available
information is based on an assumption that VOC emissions are undergoing
a basically linear decline.
Second, Dayton and Cincinnati are indeed subject to a requirement
for attainment demonstrations, for which EPA recommends use of
photochemical grid modeling, but, under section 211(c)(4)(C)(i), EPA
may make a necessity finding ``even if the plan for the area does not
contain an approved demonstration of timely attainment.'' The
attainment plans are not due until June 15, 2007, and even though this
requirement applies in the relatively near future, EPA has no
obligation to delay action on Ohio's fuel request waiting for either
that date or Ohio's actual submittal. EPA believes it has adequate
information already to evaluate the necessity of the fuel restrictions
requested by Ohio.
Third, EPA indeed recommends ``weight of evidence'' analyses as a
supplement to attainment demonstrations in some cases. However, just as
section 211(c)(4)(C) provides that an approved attainment demonstration
is not a prerequisite for making necessity findings, EPA believes that
complete ``weight of evidence'' analyses are not a prerequisite for
making necessity findings. EPA expects that Ohio will submit weight of
evidence analyses at the same time it submits its attainment
demonstrations. In the meantime, in the absence of a complete submittal
by Ohio addressing the potential for model under-prediction as well as
over-prediction, EPA believes that the best assessment of the necessity
of a low RVP fuel program in Southwest Ohio is based directly on the
available modeling information. In summary, EPA concludes that an
evaluation in accordance with section 211(c)(4)(C) using the best
available information indicates that Ohio's requested low RVP fuel is
necessary in Southwest Ohio.
Comment: A commenter questions whether the benefits of low RVP
gasoline will be significant. The commenter observes that there are 130
billion tons of air above the Cincinnati/Dayton area, so that an
emission reduction of 5.2 tons per day would only reduce concentrations
by 0.000000004 percent. Finally, the commenter recommends use of a
``Grease Gator'', marketed by Solvent Systems, for cleaning parts
without emitting VOC.
Response: Human health is impaired even at very low air pollutant
concentrations. The ozone standard is 0.08 parts per million, or
0.000008 percent of the molecules in ambient air. EPA set the air
quality standard at this ``trace'' level based on studies showing that
even seemingly negligible concentrations of ozone can adversely affect
human health. Typical VOC concentrations sufficient to cause violations
of this standard are in the same fraction of a part per million range,
attributable in the Cincinnati/Dayton area to emissions of about 300
tons per day. Given the low concentrations at which ozone impairs
health, the implementation of low RVP gasoline will provide a
significant fraction of the reduction of VOC emissions needed in this
area. It should be noted, however, that in reviewing
[[Page 29272]]
this SIP revision EPA is limited to determining whether the legal
criteria for approval are met. The issue before us here is whether the
criteria for approval in 211(c)(4)(C) are met, and we have determined
they have been met. EPA appreciates the recommendation of a parts
cleaning system with zero VOC emissions.
Comment: Several commenters raised concerns with the concept of
further expanding the use of boutique fuels. One commenter goes on to
say that such expansion will further reduce refinery capacity/
efficiency, is likely to cost consumers more, and has the potential to
cause the Ohio areas to face a gasoline shortage in the event of a fuel
disruption scenario. Another commenter is concerned that having special
blends in different parts of the country will cause shortages.
Response: Due to the heightened concern over supply and price
issues and the potential for boutique fuel programs to exacerbate these
issues, Congress directly addressed the issue of boutique fuels in
several ways in the Energy Policy Act of 2005 (EPAct). EPAct placed
further restrictions on EPA's authority to approve a state fuel program
in the SIP. Under EPAct, EPA may approve a state fuel program for a SIP
only if a fuel is already approved in a SIP for a state in that
Petroleum Administration for Defense Districts (PADD), and the approval
does not increase the total number of state fuels on EPA's list of
fuels. Further, where there is room on the list, prior to approval of a
new fuel, EPA, with Department of Energy consultation, must find no
adverse impact on fuel supply and distribution in either the affected
area or contiguous areas. The 7.8 psi RVP fuel that we are approving
today is not a new fuel because it is already approved in at least one
SIP (Indiana, (61 FR 4895, (February 9, 1996)) in the PADD where Ohio
is located. EPA therefore, does not believe that it is required to make
a finding of no adverse impact effects of a 7.8 psi RVP fuel on fuel
supply and distribution in either Dayton and Cincinnati or the
contiguous areas. EPA also believes that this rule fully complies with
the applicable EPAct requirements. Further, although we received
comments from API on this action, none of the comments received from
the industry side raise any concerns with the industry's ability to
adequately and efficiently supply the 7.8 psi RVP fuel to the affected
areas. Further, API's comments state that ``API and OEPA reached an
agreement on April 4, 2006, that 7.8 RVP fuel will not be required in
Dayton-Cincinnati until one year after final approval by U.S.EPA. API
supports this revised rule as in the best interest of the State of Ohio
and its citizens''.
III. What action is EPA taking?
EPA is approving a SIP revision submitted by the State of Ohio on
February 14, 2006, and October 6, 2006, establishing a 7.8 psi RVP fuel
requirement for gasoline distributed in the Cincinnati and Dayton 8-
hour ozone nonattainment areas. This action is effective on May 31,
2007. EPA is approving Ohio's fuel requirement into the SIP because EPA
has found that the requirement is necessary for Southwest Ohio to
achieve the 8-hour NAAQS for ozone. EPA's approval is consistent with
the boutique fuel provisions of section 211(c)(4)(C) enacted in EPAct.
EPA finds that there is good cause for this action to become
effective by May 31, 2007. The May 31, 2007 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. Today's rule, approves Ohio's SIP revision
requiring the use of 7.8 psi RVP gasoline in the Cincinnati and Dayton
areas one year after EPA approval of the fuel waiver request under
section 211(c)(4)(C) of the CAA. RVP control requirements are summer
control programs that are generally implemented during the summer ozone
season beginning on June 1. 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 2008
ozone season. In addition, as noted above, the regulated industry has
had advance notice of this requirement, and the API has agreed to a
settlement with provisions for the 7.8 psi RVP fuel in these areas
twelve months following the approval of a fuel waiver by EPA. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for this action
to become effective on May 31, 2007.
IV. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory action,'' this
action is also not subject to Executive Order 13211, (``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power
[[Page 29273]]
and responsibilities established in the Clean Air Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule 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 July 24, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 18, 2007.
Gary Gulezian,
Regional Administrator, Region 5.
• For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
• 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
• 2. Section 52.1870 is amended by adding paragraph (c)(138) to read as
follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(138) On February 14, 2006, and October 6, 2006, the State of Ohio
submitted a revision to the Ohio State Implementation Plan. This
revision is for the purpose of establishing a gasoline Reid vapor
pressure (RVP) limit of 7.8 pounds per square inch (psi) for gasoline
sold in the Cincinnati and Dayton 8-hour ozone nonattainment areas
which includes Hamilton, Butler, Clinton, Warren, Clermont, Clark,
Greene, Miami, and Montgomery counties.
(i) Incorporation by reference. The following sections of the Ohio
Administrative Code (OAC) are incorporated by reference.
(A) OAC Rule 3745-72-01: ``Applicability'', effective July 17, 2006
except for 3745-72-01(E).
(B) OAC Rule 3745-72-02: ``Definitions'', effective July 17, 2006.
(C) OAC Rule 3745-72-03: ``Gasoline volatility standards and
general provisions'', effective January 16, 2006.
(D) OAC Rule 3745-72-04: ``Transfer documentation and
recordkeeping'', effective January 16, 2006.
(E) OAC Rule 3745-72-05: ``Liability'', effective January 16, 2006.
(F) OAC Rule 3745-72-06: ``Defenses'', effective January 16, 2006.
(G) OAC Rule 3745-72-07: ``Special provisions for alcohol blends'',
effective January 16, 2006.
(H) OAC Rule 3745-72-08: ``Quality assurance and test methods'',
effective January 16, 2006.
(ii) Additional materials.
(A) Letter from Ohio EPA Director Joseph P. Koncelik to Regional
Administrator Thomas Skinner, dated February 14, 2006.
(B) Letter from Ohio EPA Director Joseph P. Koncelik to Regional
Administrator Mary Gade, dated October 6, 2006.
[FR Doc. E7-10054 Filed 5-24-07; 8:45 am]
BILLING CODE 6560-50-P
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