Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Shelby County, 21966-21971 [2017-09491]
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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. 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);
• 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
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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, Incorporation by
reference, Intergovernmental relations,
Volatile organic compounds.
Dated: April 21, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017–09506 Filed 5–10–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0585; FRL–9960–21–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to Emissions Banking and
Trading Programs and Compliance
Flexibility
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, 214–665–2115,
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, the EPA is approving the
State’s SIP submittal as a direct rule
without prior proposal because the
Agency views this as noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action
no further activity is contemplated. If
the EPA receives relevant adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. The EPA will not
institute a second comment period. Any
parties interested in commenting on this
action should do so at this time.
For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
Dated: April 27, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017–09471 Filed 5–10–17; 8:45 am]
BILLING CODE 6560–50–P
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve revisions to the
Texas State Implementation Plan (SIP)
Emissions Banking and Trading
Programs submitted on July 15, 2002;
December 22, 2008; April 6, 2010; May
14, 2013; and August 14, 2015.
Specifically, we are proposing to
approve revisions to the Texas Emission
Credit, Mass Emissions Cap and Trade,
Discrete Emission Credit, and Highly
Reactive Volatile Organic Compound
Emissions Cap and Trade Programs such
that the Texas SIP will include the
current state program regulations
promulgated and implemented in Texas.
We are also proposing to approve
compliance flexibility provisions for
stationary sources using the Texas
Emission Reduction Plan submitted on
July 15, 2002; May 30, 2007; and July
10, 2015.
DATES: Written comments should be
received on or before June 12, 2017.
ADDRESSES: Submit your comments,
identified by EPA–R06–OAR–2015–
0585, at https://www.regulations.gov or
via email to wiley.adina@epa.gov. For
additional information on how to
submit comments see the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
SUMMARY:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0136; FRL–9961–88–
Region 4]
Air Plan Approval; TN: NonInterference Demonstration for Federal
Low-Reid Vapor Pressure Requirement
in Shelby County
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
noninterference demonstration that
evaluates whether the change for the
Federal Reid Vapor Pressure (RVP)
requirements in Shelby County
(hereinafter referred to as the ‘‘Area’’)
would interfere with the Area’s ability
to meet the requirements of the Clean
Air Act (CAA or Act). Tennessee
submitted through the Tennessee
Department of Environment and
Conservation (TDEC), on April 12, 2017,
a noninterference demonstration on
behalf of the Shelby County Health
Department requesting that EPA change
the RVP requirements for Shelby
County. Specifically, Tennessee’s
SUMMARY:
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noninterference demonstration
concludes that relaxing the federal RVP
requirement from 7.8 pounds per square
inch (psi) to 9.0 psi for gasoline sold
between June 1 and September 15 of
each year in Shelby County would not
interfere with attainment or
maintenance of the national ambient air
quality standards (NAAQS or standards)
or with any other CAA requirement.
DATES: Comments must be received on
or before June 12, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0136 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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. 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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached via telephone
at (404) 562–9043 or via electronic mail
at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is being proposed today?
This rulemaking proposes to approve
Tennessee’s noninterference
demonstration, submitted on April 12,
2017, in support of the State’s request
that EPA relax the federal RVP
requirement from 7.8 psi to 9.0 psi for
gasoline sold between June 1 and
September 15 of each year (i.e., during
high ozone season) in Shelby County.
The State is requesting the removal of
the federal 7.8 psi RVP requirement. As
part of that request, Tennessee has
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evaluated whether removal of this
requirement would interfere with air
quality in Shelby County. To make this
demonstration of noninterference,
Tennessee completed a technical
analysis, including modeling, to
estimate the change in emissions that
would result from a switch to 9.0 psi
RVP fuel in Shelby County.1 The
noninterference demonstration is
further supported by the June 23, 2016
(81 FR 40816), revised and approved
maintenance plan that utilizes an RVP
input parameter of 9.0 psi.
On January 19, 2016, Tennessee
submitted a redesignation request and
maintenance plan for the portion of
Tennessee that is within the Memphis,
Tennessee-Mississippi-Arkansas
(Memphis, TN–MS–AR) 2008 8-hour
ozone nonattainment area to attainment
for the 2008 8-hour ozone NAAQS,
which EPA approved on June 23, 2016
(81 FR 40816). Shelby County is in the
Tennessee portion of the Memphis, TN–
MS–AR area. In the maintenance plan,
Tennessee used EPA’s Motor Vehicle
Emissions Simulator (MOVES) to
develop its projected emissions
inventory according to EPA’s guidance
for on-road mobile sources using
MOVES version 2014. Future-year onroad mobile source emissions estimates
for 2017, 2020, and 2027 were generated
with MOVES2014 using an RVP input
parameter of 9.0 psi. The maintenance
plan showed compliance with and
maintenance of the 2008 8-hour ozone
NAAQS by providing information to
support the demonstration that current
and future emissions of nitrogen oxides
(NOX) and volatile organic compounds
(VOC) remained at or below the 2012
base year emissions inventory. For more
detailed information, see EPA’s April
19, 2016 (81 FR 22948), proposed
approval of the maintenance plan for
the 2008 8-hour ozone NAAQS, which
was finalized on June 23, 2016 (81 FR
40816).
It should be noted that when
Tennessee requested that Shelby County
be redesignated to attainment for the
2008 8-hour ozone standard, the State
took a conservative approach for the
maintenance demonstrations and
modeled 9.0 psi for the RVP
requirements for this Area as opposed to
7.8 psi. The State did not, at that time,
1 As described in Section III of this preamble,
Shelby County was originally part of the Memphis,
Tennessee (Memphis, TN) 1-hour ozone
nonattainment area; later, part of the Memphis,
Tennessee-Arkansas (Memphis, TN–AR) 1997 8hour ozone nonattainment area; and finally, part of
the Memphis, Tennessee-Mississippi-Arkansas
(Memphis, TN–MS–AR) 2008 8-hour ozone
nonattainment area.
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request the removal of the federal RVP
requirements for Shelby County.
EPA is proposing to find that
Tennessee’s noninterference
demonstration supports the conclusion
that the use of gasoline with an RVP of
9.0 psi in Shelby County will not
interfere with attainment or
maintenance of any NAAQS or with any
other applicable requirement of the
CAA.
II. What is the background for the
Shelby County area?
Shelby County, Tennessee (then
referred to as the Memphis, TN Area)
was originally designated as a singlecounty marginal nonattainment area for
the 1-hour ozone standard on November
6, 1991 (56 FR 56694). On February 16,
1995 (60 FR 3352), the Memphis, TN
Area was redesignated as attainment for
the 1-hour ozone standards, and was
considered to be a maintenance area
subject to a CAA section 175A
maintenance plan for the 1-hour ozone
standard. Tennessee’s 1-hour ozone
redesignation request and maintenance
plan did not include a request to relax
the 7.8 psi federal RVP standard.
On April 30, 2004 (69 FR 23857), EPA
designated the Memphis, TN–AR Area,
which included Shelby County, as a
‘‘moderate’’ 1997 8-hour ozone NAAQS
nonattainment area under Clean Air Act
title I, part D, subpart 2 (‘‘Additional
Provisions for Ozone Nonattainment
Areas’’). On July 15, 2004, pursuant to
section 181(a)(4) of the CAA, the State
of Tennessee submitted a petition to
EPA, requesting that the classification of
Memphis, TN–AR Area be adjusted
downward from ‘‘moderate’’ to
‘‘marginal’’ for the 1997 8-hour ozone
standard. The petition was based on the
fact that the area’s ‘‘moderate’’ design
value of 0.092 parts per million (ppm)
was within five percent of the maximum
‘‘marginal’’ design value of 0.091 ppm.
Pursuant to section 181(a)(4), areas with
design values within five percent of the
standard may request a reclassification
under specific circumstances. EPA
approved the petition for
reclassification, which became effective
on November 22, 2004 (69 FR 56697,
September 22, 2004). The Tennessee
portion of the Memphis, TN–AR Area
(i.e., Shelby County) was redesignated
to attainment for the 1997 8-hour ozone
NAAQS in a final rulemaking on
January 4, 2010 (75 FR 56). Tennessee’s
1997 8-hour ozone redesignation request
and maintenance plan did not include
a request to relax the 7.8 psi federal RVP
standard.
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
ppm. See 73 FR 16436 (March 27, 2008).
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Under EPA’s regulations at 40 CFR part
50, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the
annual fourth highest daily maximum 8hour average ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR part 50.15.
Ambient air quality monitoring data for
the 3-year period must meet a data
completeness requirement. The ambient
air quality monitoring data
completeness requirement is met when
the average percent of days with valid
ambient monitoring data is greater than
90 percent, and no single year has less
than 75 percent data completeness as
determined in appendix P of part 50.
Shelby County, as part of the
Memphis, TN–AR–MS Area, was
designated as a marginal nonattainment
area for the 2008 8-hour ozone NAAQS
on May 21, 2012 (effective July 20,
2012), using 2008–2010 ambient air
quality data. See 77 FR 30088. The
Tennessee portion of the Memphis, TN–
AR Area (i.e., Shelby County) was
redesignated to attainment on June 23,
2016 (81 FR 40816). Tennessee’s 2008 8hour ozone redesignation request and
maintenance plan did not include a
request to relax the 7.8 psi federal RVP
standard, although the maintenance
plan reflected the 9.0 psi RVP standard.
Tennessee is now requesting that EPA
remove the federal 7.8 psi RVP
requirement for Shelby County.
III. What is the history of the gasoline
volatility requirement?
On August 19, 1987 (52 FR 31274),
EPA determined that gasoline
nationwide had become increasingly
volatile, causing an increase in
evaporative emissions from gasolinepowered vehicles and equipment.
Evaporative emissions from gasoline,
referred to as VOCs, are precursors to
the formation of tropospheric ozone and
contribute to the nation’s ground-level
ozone problem. Exposure to groundlevel ozone can reduce lung function
(thereby aggravating asthma or other
respiratory conditions), increase
susceptibility to respiratory infection,
and may contribute to premature death
in people with heart and lung disease.
The most common measure of fuel
volatility that is useful in evaluating
gasoline evaporative emissions is RVP.
Under section 211(c) of CAA, EPA
promulgated regulations on March 22,
1989 (54 FR 11868), that set maximum
limits for the RVP of gasoline sold
during the high ozone season. These
regulations constituted Phase I of a twophase nationwide program, which was
designed to reduce the volatility of
commercial gasoline during the summer
ozone control season. On June 11, 1990
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(55 FR 23658), EPA promulgated more
stringent volatility controls as Phase II
of the volatility control program. These
requirements established maximum
RVP standards of 9.0 psi or 7.8 psi
(depending on the State, the month, and
the area’s initial ozone attainment
designation with respect to the 1-hour
ozone NAAQS during the high ozone
season).
The 1990 CAA Amendments
established a new section, 211(h), to
address fuel volatility. Section 211(h)
requires EPA to promulgate regulations
making it unlawful to sell, offer for sale,
dispense, supply, offer for supply,
transport, or introduce into commerce
gasoline with an RVP level in excess of
9.0 psi during the high ozone season.
Section 211(h) prohibits EPA from
establishing a volatility standard more
stringent than 9.0 psi in an attainment
area, except that EPA may impose a
lower (more stringent) standard in any
former ozone nonattainment area
redesignated to attainment.
On December 12, 1991 (56 FR 64704),
EPA modified the Phase II volatility
regulations to be consistent with section
211(h) of the CAA. The modified
regulations prohibited the sale of
gasoline with an RVP above 9.0 psi in
all areas designated attainment for
ozone, beginning in 1992. For areas
designated as nonattainment, the
regulations retained the original Phase II
standards published on June 11, 1990
(55 FR 23658). A current listing of the
RVP requirements for states can be
found on EPA’s Web site at: https://
www.epa.gov/gasoline-standards.
As explained in the December 12,
1991 (56 FR 64704), Phase II
rulemaking, EPA believes that
relaxation of an applicable RVP
standard is best accomplished in
conjunction with the redesignation
process. In order for an ozone
nonattainment area to be redesignated
as an attainment area, section 107(d)(3)
of the Act requires the state to make a
showing, pursuant to section 175A of
the Act, that the area is capable of
maintaining attainment for the ozone
NAAQS for ten years after
redesignation. Depending on the area’s
circumstances, this maintenance plan
will either demonstrate that the area is
capable of maintaining attainment for
ten years without the more stringent
volatility standard or that the more
stringent volatility standard may be
necessary for the area to maintain its
attainment with the ozone NAAQS.
Therefore, in the context of a request for
redesignation, EPA will not relax the
volatility standard unless the state
requests a relaxation and the
maintenance plan demonstrates, to the
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satisfaction of EPA, that the area will
maintain attainment for ten years
without the need for the more stringent
volatility standard.
As noted above, Tennessee did not
request relaxation of the applicable 7.8
psi federal RVP standard when Shelby
County was redesignated to attainment
for the 1-hour ozone NAAQS, the 1997
8-hour ozone NAAQS, and the 2008 8hour ozone NAAQS. Tennessee is
therefore now submitting a
noninterference demonstration
concluding that relaxing the federal RVP
requirement from 7.8 psi to 9.0 psi for
gasoline sold between June 1st and
September 15th of each year in Shelby
County would not interfere with
attainment or maintenance of the
NAAQS.
IV. What are the section 110(l)
requirements?
To support Tennessee’s request to
relax the federal RVP requirement in
Shelby County, the State must
demonstrate that the requested change
will satisfy section 110(l) of the CAA.
Section 110(l) requires that a revision to
the SIP not interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of the Act. EPA’s criterion
for determining the approvability of
Tennessee’s April 12, 2017,
noninterference demonstration, is
whether the noninterference
demonstration associated with the
relaxation request satisfies section
110(l). The modeling associated with
Tennessee’s maintenance plan for the
2008 8-hour ozone NAAQS is premised
upon the future-year emissions
estimates for 2017, 2020, and 2027,
which are based on the 9.0 psi RVP.
EPA is proposing approval of the
noninterference demonstration based on
an evaluation of current air quality
monitoring data and the information
provided in the noninterference
demonstration.
EPA evaluates each section 110(l)
noninterference demonstration on a
case-by-case basis considering the
circumstances of each SIP revision. EPA
interprets 110(l) as applying to all
NAAQS that are in effect, including
those that have been promulgated but
for which EPA has not yet made
designations. The degree of analysis
focused on any particular NAAQS in a
noninterference demonstration varies
depending on the nature of the
emissions associated with the proposed
SIP revision. EPA’s analysis of
Tennessee’s April 12, 2017,
noninterference demonstration pursuant
to section 110(l) is provided below.
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EPA notes that in this action, it is
only proposing to approve the State’s
technical demonstration that the Area
can continue to attain and maintain the
NAAQS and meet other CAA
requirements after switching to the sale
of gasoline with an RVP of 9.0 psi in
Shelby County during the high ozone
season. Consistent with CAA section
211(h) and the Phase II volatility
regulations, EPA will initiate a separate
rulemaking to relax the current federal
requirement to use gasoline with an
RVP of 7.8 psi in Shelby County.
V. What is EPA’s analysis of
Tennessee’s submittal?
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a. Overall Preliminary Conclusions
Regarding Tennessee’s Noninterference
Demonstration
On April 12, 2017, TDEC submitted a
noninterference demonstration to
support the State’s request to modify the
RVP summertime gasoline requirement
from 7.8 psi to 9.0 psi for the Area. This
demonstration includes an evaluation of
the impact that the removal of the 7.8
psi RVP requirement would have on
maintenance of the ozone standards and
on the maintenance of the other
NAAQS.2 Tennessee focused its
analysis on the impact of the change in
RVP to attainment and maintenance of
the ozone, particulate matter (PM),3 and
NO2 NAAQS because: RVP
requirements do not affect lead, sulfur
dioxide (SO2), or carbon monoxide (CO)
emissions; because VOC and NOX
emissions are precursors for ozone and
PM; and because NO2 is a component of
NOX.
TDEC’s noninterference
demonstration relied on a previouslyapproved maintenance plan (June 23,
2016, 81 FR 40816) in which Tennessee
used EPA’s MOVES2014 model to
develop its projected emissions
inventory according to EPA’s guidance
for on-road mobile sources. The futureyear on-road mobile source emissions
estimates for 2017, 2020, and 2027 were
generated with MOVES2014 4 using a
RVP input parameter of 9.0 psi. The
maintenance plan showed compliance
with and maintenance of the 2008 8hour ozone NAAQS by providing
information to support the
demonstration that current and future
2 The six NAAQS for which EPA establishes
health and welfare based standards are CO, lead,
NO2, ozone, PM, and SO2.
3 PM is composed of PM
2.5 and PM10.
4 MOVES2014a is the latest version of MOVES
model. However, the use of MOVES2014 was
acceptable when EPA approved Tennessee’s 2008 8hour ozone maintenance plan because MOVES2014
was the latest EPA mobile source model available
to the State at the time that it developed the
maintenance plan.
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NAAQS,5 based on recent air quality
monitoring data. Additionally, the
current design value (DV) is below the
most recently promulgated 2015 ozone
NAAQS in the Memphis Area. The 2008
ozone NAAQS is met when the annual
fourth-highest daily maximum 8-hour
average concentration, averaged over 3
years is 0.075 ppm or less. Similarly, the
2015 ozone NAAQS, as published in a
final rule on October 26, 2015 (80 FR
TABLE 1—ON-ROAD MOBILE SOURCE 65292), is met when the annual fourthOZONE SEASON NOX EMISSIONS IN highest daily maximum 8-hour average
concentration, averaged over 3 years is
SHELBY COUNTY
0.070 ppm or less. The trend in DVs for
[Average tons/day]
ozone for the Memphis Area is shown
in Table 3, with the current DV in the
9.0 psi RVP
7.8 psi
Area being 0.067 ppm in 2015, below
RVP
the 2015 standard. EPA also evaluated
2017
2020
2027
2012
the potential increase in the VOC and
NOX precursor emissions and whether it
31.30
22.42
12.51
61.56
is reasonable to conclude that the
requested change to RVP requirements
TABLE 2—ON-ROAD MOBILE SOURCE in Shelby County during the high ozone
OZONE SEASON VOC EMISSIONS IN season would cause the Memphis Area
to violate any ozone NAAQS.
SHELBY COUNTY
emissions of NOX and VOC remained at
or below the 2012 base year emissions
inventory. Tables 1 and 2 show the
direct impact on mobile source
emissions as a result of the change for
RVP requirements for Shelby County.
As summarized below, NOX and VOC
emissions are expected to continue to
decrease with the use of the 9.0 psi RVP
standard.
[Average tons/day]
9.0 psi RVP
7.8 psi
RVP
2017
2020
2027
2012
11.22
8.75
5.81
19.01
TABLE 3—MEMPHIS AREA OZONE
DESIGN VALUE TRENDS
These mobile source emissions are
used as part of the evaluation of the
potential impacts to the NAAQS that
might result exclusively from changing
the high ozone season RVP requirement
from 7.8 psi to 9.0 psi. Therefore,
emissions resulting from the change in
RVP are not expected to cause the area
to be out of compliance with any
NAAQS.
b. Noninterference Analysis for the
Ozone NAAQS
As a previous 1-hour ozone
nonattainment area, Shelby County has
been subject to the federal RVP
requirements for high ozone season
gasoline. Although implemented for
purposes of bringing areas into
attainment for the 1-hour ozone
NAAQS, these federal RVP
requirements continued to apply in
Shelby County because the State did
not, until now, request removal of the
federal RVP requirements.
As described previously, Shelby
County was redesignated to attainment
for the 1-hour ozone NAAQS, the 1997
8-hour ozone NAAQS, and the 2008 8hour ozone NAAQS. The Memphis Area
is continuing to meet the 1-hour ozone
NAAQS, the 1997 8-hour ozone
NAAQS, and the 2008 8-hour ozone
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Years
2005–2007
2006–2008
2007–2009
2008–2010
2009–2011
2010–2012
2011–2013
2012–2014
2013–2015
............................
............................
............................
............................
............................
............................
............................
............................
............................
Design value
(ppm)
0.089
0.082
0.078
0.076
0.077
0.079
0.078
0.073
0.067
Table 3 also shows that there is an
overall downward trend in ozone
concentrations in the Memphis Area.
This decline can be attributed to federal
and state programs that have led to
significant emissions reductions in
ozone precursors, such as federal
standards in on-road and non-road
mobile source sectors and resultant fleet
turnover. See 81 FR 22948, (April 19,
2016). Given this downward trend, the
downward trend in precursor emissions,
the current ozone concentrations in the
Memphis Area, and the results of
Tennessee’s emissions analysis, EPA is
proposing to determine that a change to
9.0 psi RVP fuel for Shelby County
would not interfere with the Memphis
Area’s ability to maintain the 2008 8hour ozone NAAQS.
5 The air quality design value for the 8-hour
ozone NAAQS is the 3-year average of the annual
4th highest daily maximum 8-hour ozone
concentration. The level of the 2008 8-hour ozone
NAAQS is 0.075 ppm. The 2008 8-hour ozone
NAAQS is not met when the design value is greater
than 0.075 ppm.
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c. Noninterference Analysis for the PM
NAAQS
Over the course of several years, EPA
has reviewed and revised the PM2.5
NAAQS a number of times. On July 16,
1997, EPA established an annual PM2.5
NAAQS of 15.0 micrograms per cubic
meter (mg/m3), based on a 3-year average
of annual mean PM2.5 concentrations,
and a 24-hour PM2.5 NAAQS of 65 mg/
m3, based on a 3-year average of the
98th percentile of 24-hour
concentrations. See 62 FR 36852 (July
18, 1997). On September 21, 2006, EPA
retained the 1997 Annual PM2.5 NAAQS
of 15.0 mg/m3 but revised the 24-hour
PM2.5 NAAQS to 35 mg/m3, based again
on a 3-year average of the 98th
percentile of 24-hour concentrations.
See 71 FR 61144 (October 17, 2006). On
December 14, 2012, EPA retained the
2006 24-hour PM2.5 NAAQS of 35 mg/m3
but revised the annual primary PM2.5
NAAQS to 12.0 mg/m3, based again on
a 3-year average of annual mean PM2.5
concentrations. See 78 FR 3086 (January
15, 2013).
The main precursor pollutants for
PM2.5 are NOX, SO2, VOC, and
ammonia. As mentioned above, the
federal RVP requirements only result in
emissions benefits for VOC and NOX.
Therefore, Tennessee focused on these
two PM2.5 precursors in its analysis of
the potential impact of changing the
RVP requirements for Shelby County on
the PM2.5 NAAQS. Tennessee asserted
in its 110(l) demonstration that relaxing
the RVP standard will have little impact
on these precursor emissions in relation
to PM formation and is not expected to
negatively impact attainment or
maintenance of the PM2.5 NAAQS.
Moreover, there have been a number of
studies which have indicated that SO2
is the primary driver of PM2.5 formation
in the Southeast.6
Given the downward trend in
precursor emissions (specifically for
NOX and VOC) noted above and given
that, as previously stated, RVP does not
affect the most significant PM2.5
precursor (SO2), EPA is proposing to
determine that a change to 9.0 psi RVP
fuel for the affected counties would not
interfere with the Area’s ability to attain
or maintain the PM2.5 NAAQS in the
Area.
d. Noninterference Analysis for the 2010
NO2 NAAQS
On February 17, 2012, EPA
designated all counties in Tennessee as
6 See, e.g., Quantifying the sources of ozone, fine
particulate matter, and regional haze in the
Southeastern United States, Journal of
Environmental Engineering (June 24, 2009),
available at: https://www.journals.elsevier.com/
journal-ofenvironmental-management.
VerDate Sep<11>2014
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Jkt 241001
unclassifiable/attainment for the 2010
NO2 NAAQS. See 77 FR 9532. Based on
the technical analysis in Tennessee’s
April 12, 2017, noninterference
demonstration, as shown in Table 3,
there is an overall downward trend in
ozone concentrations in the Memphis
Area, and NO2, as a component of NOX,
is an ozone precursor. This decline can
be attributed to federal and state
programs that have led to significant
emissions reductions in ozone
precursors, such as federal standards in
on-road and non-road mobile source
sectors and resultant fleet turnover. See
81 FR 22948, (April 19, 2016). Given
this downward trend, the downward
trend in precursor emissions, the
current ozone concentrations in the
Memphis Area, and the results of
Tennessee’s emissions analysis and the
current unclassifiable/attainment
designation, EPA is proposing to
determine that a change to 9.0 psi RVP
fuel for Shelby County would not
interfere with maintenance of the 2010
NO2 NAAQS in the Area.
VI. Proposed Action
EPA is proposing to approve
Tennessee’s April 12, 2017,
noninterference demonstration
supporting the State’s request to relax
the RVP standard to 9.0 psi in Shelby
County. EPA is also proposing to find
that this change in the RVP
requirements for Shelby County will not
interfere with attainment or
maintenance of any NAAQS or with any
other applicable requirement of the
CAA.
EPA is proposing that Tennessee’s
April 12, 2017, SIP noninterference
demonstration associated with the
State’s request for the removal of the
federal RVP requirements, are consistent
with the applicable provisions of the
CAA. Should EPA decide to remove
Shelby County from those areas subject
to the 7.8 psi federal RVP requirements,
such action will occur in a separate,
subsequent rulemaking.
VII. 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.
See 42 U.S.C. 7410(k); 40 CFR part
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 proposed action merely approves
state law as meeting federal
requirements and does not impose
additional requirements beyond those
PO 00000
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Fmt 4702
Sfmt 4702
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 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).
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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Proposed Rules
Dated: April 17, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017–09491 Filed 5–10–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 61, and 63
[EPA–R09–OAR–2017–0071; FRL–9961–78Region 9]
Delegation of New Source
Performance Standards and National
Emission Standards for Hazardous Air
Pollutants for the States of Arizona
and Nevada
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
updates to the Code of Federal
Regulations delegation tables to reflect
the current delegation status of New
Source Performance Standards and
National Emission Standards for
Hazardous Air Pollutants in Arizona
and Nevada.
DATES: Comments must be received by
June 12, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2017–0071 at https://
www.regulations.gov, or via email to
pmangrum on DSK3GDR082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
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Steckel.Andrew@epa.gov. 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, EPA Region IX, (415) 947–
4152, buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ section of this
Federal Register, the EPA is approving
PO 00000
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21971
updates to the Code of Federal
Regulations delegation tables to reflect
the current delegation status of New
Source Performance Standards and
National Emission Standards for
Hazardous Air Pollutants in Arizona
and Nevada. We are approving these
updates in a direct final action without
prior proposal because we believe this
action is not controversial. A detailed
rationale for the approval is set forth in
the direct final rule. If we receive
adverse comments, however, we will
publish a timely withdrawal of the
direct final rule and address the
comments in a subsequent final rule
based on this proposed rule. Please note
that if the EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, the EPA may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: March 24, 2017.
Elizabeth J. Adams,
Acting Director, Air Division, Region IX.
[FR Doc. 2017–09496 Filed 5–10–17; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Proposed Rules]
[Pages 21966-21971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09491]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0136; FRL-9961-88-Region 4]
Air Plan Approval; TN: Non-Interference Demonstration for Federal
Low-Reid Vapor Pressure Requirement in Shelby County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a noninterference demonstration that evaluates whether the
change for the Federal Reid Vapor Pressure (RVP) requirements in Shelby
County (hereinafter referred to as the ``Area'') would interfere with
the Area's ability to meet the requirements of the Clean Air Act (CAA
or Act). Tennessee submitted through the Tennessee Department of
Environment and Conservation (TDEC), on April 12, 2017, a
noninterference demonstration on behalf of the Shelby County Health
Department requesting that EPA change the RVP requirements for Shelby
County. Specifically, Tennessee's
[[Page 21967]]
noninterference demonstration concludes that relaxing the federal RVP
requirement from 7.8 pounds per square inch (psi) to 9.0 psi for
gasoline sold between June 1 and September 15 of each year in Shelby
County would not interfere with attainment or maintenance of the
national ambient air quality standards (NAAQS or standards) or with any
other CAA requirement.
DATES: Comments must be received on or before June 12, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0136 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached via telephone at (404) 562-9043
or via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is being proposed today?
This rulemaking proposes to approve Tennessee's noninterference
demonstration, submitted on April 12, 2017, in support of the State's
request that EPA relax the federal RVP requirement from 7.8 psi to 9.0
psi for gasoline sold between June 1 and September 15 of each year
(i.e., during high ozone season) in Shelby County. The State is
requesting the removal of the federal 7.8 psi RVP requirement. As part
of that request, Tennessee has evaluated whether removal of this
requirement would interfere with air quality in Shelby County. To make
this demonstration of noninterference, Tennessee completed a technical
analysis, including modeling, to estimate the change in emissions that
would result from a switch to 9.0 psi RVP fuel in Shelby County.\1\ The
noninterference demonstration is further supported by the June 23, 2016
(81 FR 40816), revised and approved maintenance plan that utilizes an
RVP input parameter of 9.0 psi.
---------------------------------------------------------------------------
\1\ As described in Section III of this preamble, Shelby County
was originally part of the Memphis, Tennessee (Memphis, TN) 1-hour
ozone nonattainment area; later, part of the Memphis, Tennessee-
Arkansas (Memphis, TN-AR) 1997 8-hour ozone nonattainment area; and
finally, part of the Memphis, Tennessee-Mississippi-Arkansas
(Memphis, TN-MS-AR) 2008 8-hour ozone nonattainment area.
---------------------------------------------------------------------------
On January 19, 2016, Tennessee submitted a redesignation request
and maintenance plan for the portion of Tennessee that is within the
Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-hour
ozone nonattainment area to attainment for the 2008 8-hour ozone NAAQS,
which EPA approved on June 23, 2016 (81 FR 40816). Shelby County is in
the Tennessee portion of the Memphis, TN-MS-AR area. In the maintenance
plan, Tennessee used EPA's Motor Vehicle Emissions Simulator (MOVES) to
develop its projected emissions inventory according to EPA's guidance
for on-road mobile sources using MOVES version 2014. Future-year on-
road mobile source emissions estimates for 2017, 2020, and 2027 were
generated with MOVES2014 using an RVP input parameter of 9.0 psi. The
maintenance plan showed compliance with and maintenance of the 2008 8-
hour ozone NAAQS by providing information to support the demonstration
that current and future emissions of nitrogen oxides (NOX)
and volatile organic compounds (VOC) remained at or below the 2012 base
year emissions inventory. For more detailed information, see EPA's
April 19, 2016 (81 FR 22948), proposed approval of the maintenance plan
for the 2008 8-hour ozone NAAQS, which was finalized on June 23, 2016
(81 FR 40816).
It should be noted that when Tennessee requested that Shelby County
be redesignated to attainment for the 2008 8-hour ozone standard, the
State took a conservative approach for the maintenance demonstrations
and modeled 9.0 psi for the RVP requirements for this Area as opposed
to 7.8 psi. The State did not, at that time, request the removal of the
federal RVP requirements for Shelby County.
EPA is proposing to find that Tennessee's noninterference
demonstration supports the conclusion that the use of gasoline with an
RVP of 9.0 psi in Shelby County will not interfere with attainment or
maintenance of any NAAQS or with any other applicable requirement of
the CAA.
II. What is the background for the Shelby County area?
Shelby County, Tennessee (then referred to as the Memphis, TN Area)
was originally designated as a single-county marginal nonattainment
area for the 1-hour ozone standard on November 6, 1991 (56 FR 56694).
On February 16, 1995 (60 FR 3352), the Memphis, TN Area was
redesignated as attainment for the 1-hour ozone standards, and was
considered to be a maintenance area subject to a CAA section 175A
maintenance plan for the 1-hour ozone standard. Tennessee's 1-hour
ozone redesignation request and maintenance plan did not include a
request to relax the 7.8 psi federal RVP standard.
On April 30, 2004 (69 FR 23857), EPA designated the Memphis, TN-AR
Area, which included Shelby County, as a ``moderate'' 1997 8-hour ozone
NAAQS nonattainment area under Clean Air Act title I, part D, subpart 2
(``Additional Provisions for Ozone Nonattainment Areas''). On July 15,
2004, pursuant to section 181(a)(4) of the CAA, the State of Tennessee
submitted a petition to EPA, requesting that the classification of
Memphis, TN-AR Area be adjusted downward from ``moderate'' to
``marginal'' for the 1997 8-hour ozone standard. The petition was based
on the fact that the area's ``moderate'' design value of 0.092 parts
per million (ppm) was within five percent of the maximum ``marginal''
design value of 0.091 ppm. Pursuant to section 181(a)(4), areas with
design values within five percent of the standard may request a
reclassification under specific circumstances. EPA approved the
petition for reclassification, which became effective on November 22,
2004 (69 FR 56697, September 22, 2004). The Tennessee portion of the
Memphis, TN-AR Area (i.e., Shelby County) was redesignated to
attainment for the 1997 8-hour ozone NAAQS in a final rulemaking on
January 4, 2010 (75 FR 56). Tennessee's 1997 8-hour ozone redesignation
request and maintenance plan did not include a request to relax the 7.8
psi federal RVP standard.
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 ppm. See 73 FR 16436 (March 27, 2008).
[[Page 21968]]
Under EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS
is attained when the 3-year average of the annual fourth highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. See 40 CFR part 50.15. Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness as determined in appendix P of part
50.
Shelby County, as part of the Memphis, TN-AR-MS Area, was
designated as a marginal nonattainment area for the 2008 8-hour ozone
NAAQS on May 21, 2012 (effective July 20, 2012), using 2008-2010
ambient air quality data. See 77 FR 30088. The Tennessee portion of the
Memphis, TN-AR Area (i.e., Shelby County) was redesignated to
attainment on June 23, 2016 (81 FR 40816). Tennessee's 2008 8-hour
ozone redesignation request and maintenance plan did not include a
request to relax the 7.8 psi federal RVP standard, although the
maintenance plan reflected the 9.0 psi RVP standard. Tennessee is now
requesting that EPA remove the federal 7.8 psi RVP requirement for
Shelby County.
III. What is the history of the gasoline volatility requirement?
On August 19, 1987 (52 FR 31274), EPA determined that gasoline
nationwide had become increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as VOCs, are
precursors to the formation of tropospheric ozone and contribute to the
nation's ground-level ozone problem. Exposure to ground-level ozone can
reduce lung function (thereby aggravating asthma or other respiratory
conditions), increase susceptibility to respiratory infection, and may
contribute to premature death in people with heart and lung disease.
The most common measure of fuel volatility that is useful in
evaluating gasoline evaporative emissions is RVP. Under section 211(c)
of CAA, EPA promulgated regulations on March 22, 1989 (54 FR 11868),
that set maximum limits for the RVP of gasoline sold during the high
ozone season. These regulations constituted Phase I of a two-phase
nationwide program, which was designed to reduce the volatility of
commercial gasoline during the summer ozone control season. On June 11,
1990 (55 FR 23658), EPA promulgated more stringent volatility controls
as Phase II of the volatility control program. These requirements
established maximum RVP standards of 9.0 psi or 7.8 psi (depending on
the State, the month, and the area's initial ozone attainment
designation with respect to the 1-hour ozone NAAQS during the high
ozone season).
The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h) requires EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high ozone
season. Section 211(h) prohibits EPA from establishing a volatility
standard more stringent than 9.0 psi in an attainment area, except that
EPA may impose a lower (more stringent) standard in any former ozone
nonattainment area redesignated to attainment.
On December 12, 1991 (56 FR 64704), EPA modified the Phase II
volatility regulations to be consistent with section 211(h) of the CAA.
The modified regulations prohibited the sale of gasoline with an RVP
above 9.0 psi in all areas designated attainment for ozone, beginning
in 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658). A current listing of the RVP requirements for states can be
found on EPA's Web site at: https://www.epa.gov/gasoline-standards.
As explained in the December 12, 1991 (56 FR 64704), Phase II
rulemaking, EPA believes that relaxation of an applicable RVP standard
is best accomplished in conjunction with the redesignation process. In
order for an ozone nonattainment area to be redesignated as an
attainment area, section 107(d)(3) of the Act requires the state to
make a showing, pursuant to section 175A of the Act, that the area is
capable of maintaining attainment for the ozone NAAQS for ten years
after redesignation. Depending on the area's circumstances, this
maintenance plan will either demonstrate that the area is capable of
maintaining attainment for ten years without the more stringent
volatility standard or that the more stringent volatility standard may
be necessary for the area to maintain its attainment with the ozone
NAAQS. Therefore, in the context of a request for redesignation, EPA
will not relax the volatility standard unless the state requests a
relaxation and the maintenance plan demonstrates, to the satisfaction
of EPA, that the area will maintain attainment for ten years without
the need for the more stringent volatility standard.
As noted above, Tennessee did not request relaxation of the
applicable 7.8 psi federal RVP standard when Shelby County was
redesignated to attainment for the 1-hour ozone NAAQS, the 1997 8-hour
ozone NAAQS, and the 2008 8-hour ozone NAAQS. Tennessee is therefore
now submitting a noninterference demonstration concluding that relaxing
the federal RVP requirement from 7.8 psi to 9.0 psi for gasoline sold
between June 1st and September 15th of each year in Shelby County would
not interfere with attainment or maintenance of the NAAQS.
IV. What are the section 110(l) requirements?
To support Tennessee's request to relax the federal RVP requirement
in Shelby County, the State must demonstrate that the requested change
will satisfy section 110(l) of the CAA. Section 110(l) requires that a
revision to the SIP not interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the Act. EPA's
criterion for determining the approvability of Tennessee's April 12,
2017, noninterference demonstration, is whether the noninterference
demonstration associated with the relaxation request satisfies section
110(l). The modeling associated with Tennessee's maintenance plan for
the 2008 8-hour ozone NAAQS is premised upon the future-year emissions
estimates for 2017, 2020, and 2027, which are based on the 9.0 psi RVP.
EPA is proposing approval of the noninterference demonstration based on
an evaluation of current air quality monitoring data and the
information provided in the noninterference demonstration.
EPA evaluates each section 110(l) noninterference demonstration on
a case-by-case basis considering the circumstances of each SIP
revision. EPA interprets 110(l) as applying to all NAAQS that are in
effect, including those that have been promulgated but for which EPA
has not yet made designations. The degree of analysis focused on any
particular NAAQS in a noninterference demonstration varies depending on
the nature of the emissions associated with the proposed SIP revision.
EPA's analysis of Tennessee's April 12, 2017, noninterference
demonstration pursuant to section 110(l) is provided below.
[[Page 21969]]
EPA notes that in this action, it is only proposing to approve the
State's technical demonstration that the Area can continue to attain
and maintain the NAAQS and meet other CAA requirements after switching
to the sale of gasoline with an RVP of 9.0 psi in Shelby County during
the high ozone season. Consistent with CAA section 211(h) and the Phase
II volatility regulations, EPA will initiate a separate rulemaking to
relax the current federal requirement to use gasoline with an RVP of
7.8 psi in Shelby County.
V. What is EPA's analysis of Tennessee's submittal?
a. Overall Preliminary Conclusions Regarding Tennessee's
Noninterference Demonstration
On April 12, 2017, TDEC submitted a noninterference demonstration
to support the State's request to modify the RVP summertime gasoline
requirement from 7.8 psi to 9.0 psi for the Area. This demonstration
includes an evaluation of the impact that the removal of the 7.8 psi
RVP requirement would have on maintenance of the ozone standards and on
the maintenance of the other NAAQS.\2\ Tennessee focused its analysis
on the impact of the change in RVP to attainment and maintenance of the
ozone, particulate matter (PM),\3\ and NO2 NAAQS because:
RVP requirements do not affect lead, sulfur dioxide (SO2),
or carbon monoxide (CO) emissions; because VOC and NOX
emissions are precursors for ozone and PM; and because NO2
is a component of NOX.
---------------------------------------------------------------------------
\2\ The six NAAQS for which EPA establishes health and welfare
based standards are CO, lead, NO2, ozone, PM, and
SO2.
\3\ PM is composed of PM2.5 and PM10.
---------------------------------------------------------------------------
TDEC's noninterference demonstration relied on a previously-
approved maintenance plan (June 23, 2016, 81 FR 40816) in which
Tennessee used EPA's MOVES2014 model to develop its projected emissions
inventory according to EPA's guidance for on-road mobile sources. The
future-year on-road mobile source emissions estimates for 2017, 2020,
and 2027 were generated with MOVES2014 \4\ using a RVP input parameter
of 9.0 psi. The maintenance plan showed compliance with and maintenance
of the 2008 8-hour ozone NAAQS by providing information to support the
demonstration that current and future emissions of NOX and
VOC remained at or below the 2012 base year emissions inventory. Tables
1 and 2 show the direct impact on mobile source emissions as a result
of the change for RVP requirements for Shelby County. As summarized
below, NOX and VOC emissions are expected to continue to
decrease with the use of the 9.0 psi RVP standard.
---------------------------------------------------------------------------
\4\ MOVES2014a is the latest version of MOVES model. However,
the use of MOVES2014 was acceptable when EPA approved Tennessee's
2008 8-hour ozone maintenance plan because MOVES2014 was the latest
EPA mobile source model available to the State at the time that it
developed the maintenance plan.
Table 1--On-Road Mobile Source Ozone Season NOX Emissions in Shelby
County
[Average tons/day]
------------------------------------------------------------------------
9.0 psi RVP 7.8 psi RVP
------------------------------------------------------------------------
2017 2020 2027 2012
------------------------------------------------------------------------
31.30 22.42 12.51 61.56
------------------------------------------------------------------------
Table 2--On-Road Mobile Source Ozone Season VOC Emissions in Shelby
County
[Average tons/day]
------------------------------------------------------------------------
9.0 psi RVP 7.8 psi RVP
------------------------------------------------------------------------
2017 2020 2027 2012
------------------------------------------------------------------------
11.22 8.75 5.81 19.01
------------------------------------------------------------------------
These mobile source emissions are used as part of the evaluation of
the potential impacts to the NAAQS that might result exclusively from
changing the high ozone season RVP requirement from 7.8 psi to 9.0 psi.
Therefore, emissions resulting from the change in RVP are not expected
to cause the area to be out of compliance with any NAAQS.
b. Noninterference Analysis for the Ozone NAAQS
As a previous 1-hour ozone nonattainment area, Shelby County has
been subject to the federal RVP requirements for high ozone season
gasoline. Although implemented for purposes of bringing areas into
attainment for the 1-hour ozone NAAQS, these federal RVP requirements
continued to apply in Shelby County because the State did not, until
now, request removal of the federal RVP requirements.
As described previously, Shelby County was redesignated to
attainment for the 1-hour ozone NAAQS, the 1997 8-hour ozone NAAQS, and
the 2008 8-hour ozone NAAQS. The Memphis Area is continuing to meet the
1-hour ozone NAAQS, the 1997 8-hour ozone NAAQS, and the 2008 8-hour
ozone NAAQS,\5\ based on recent air quality monitoring data.
Additionally, the current design value (DV) is below the most recently
promulgated 2015 ozone NAAQS in the Memphis Area. The 2008 ozone NAAQS
is met when the annual fourth-highest daily maximum 8-hour average
concentration, averaged over 3 years is 0.075 ppm or less. Similarly,
the 2015 ozone NAAQS, as published in a final rule on October 26, 2015
(80 FR 65292), is met when the annual fourth-highest daily maximum 8-
hour average concentration, averaged over 3 years is 0.070 ppm or less.
The trend in DVs for ozone for the Memphis Area is shown in Table 3,
with the current DV in the Area being 0.067 ppm in 2015, below the 2015
standard. EPA also evaluated the potential increase in the VOC and
NOX precursor emissions and whether it is reasonable to
conclude that the requested change to RVP requirements in Shelby County
during the high ozone season would cause the Memphis Area to violate
any ozone NAAQS.
---------------------------------------------------------------------------
\5\ The air quality design value for the 8-hour ozone NAAQS is
the 3-year average of the annual 4th highest daily maximum 8-hour
ozone concentration. The level of the 2008 8-hour ozone NAAQS is
0.075 ppm. The 2008 8-hour ozone NAAQS is not met when the design
value is greater than 0.075 ppm.
Table 3--Memphis Area Ozone Design Value Trends
------------------------------------------------------------------------
Design value
Years (ppm)
------------------------------------------------------------------------
2005-2007............................................... 0.089
2006-2008............................................... 0.082
2007-2009............................................... 0.078
2008-2010............................................... 0.076
2009-2011............................................... 0.077
2010-2012............................................... 0.079
2011-2013............................................... 0.078
2012-2014............................................... 0.073
2013-2015............................................... 0.067
------------------------------------------------------------------------
Table 3 also shows that there is an overall downward trend in ozone
concentrations in the Memphis Area. This decline can be attributed to
federal and state programs that have led to significant emissions
reductions in ozone precursors, such as federal standards in on-road
and non-road mobile source sectors and resultant fleet turnover. See 81
FR 22948, (April 19, 2016). Given this downward trend, the downward
trend in precursor emissions, the current ozone concentrations in the
Memphis Area, and the results of Tennessee's emissions analysis, EPA is
proposing to determine that a change to 9.0 psi RVP fuel for Shelby
County would not interfere with the Memphis Area's ability to maintain
the 2008 8-hour ozone NAAQS.
[[Page 21970]]
c. Noninterference Analysis for the PM NAAQS
Over the course of several years, EPA has reviewed and revised the
PM2.5 NAAQS a number of times. On July 16, 1997, EPA
established an annual PM2.5 NAAQS of 15.0 micrograms per
cubic meter ([mu]g/m\3\), based on a 3-year average of annual mean
PM2.5 concentrations, and a 24-hour PM2.5 NAAQS
of 65 [mu]g/m\3\, based on a 3-year average of the 98th percentile of
24-hour concentrations. See 62 FR 36852 (July 18, 1997). On September
21, 2006, EPA retained the 1997 Annual PM2.5 NAAQS of 15.0
[mu]g/m\3\ but revised the 24-hour PM2.5 NAAQS to 35 [mu]g/
m\3\, based again on a 3-year average of the 98th percentile of 24-hour
concentrations. See 71 FR 61144 (October 17, 2006). On December 14,
2012, EPA retained the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/
m\3\ but revised the annual primary PM2.5 NAAQS to 12.0
[mu]g/m\3\, based again on a 3-year average of annual mean
PM2.5 concentrations. See 78 FR 3086 (January 15, 2013).
The main precursor pollutants for PM2.5 are
NOX, SO2, VOC, and ammonia. As mentioned above,
the federal RVP requirements only result in emissions benefits for VOC
and NOX. Therefore, Tennessee focused on these two
PM2.5 precursors in its analysis of the potential impact of
changing the RVP requirements for Shelby County on the PM2.5
NAAQS. Tennessee asserted in its 110(l) demonstration that relaxing the
RVP standard will have little impact on these precursor emissions in
relation to PM formation and is not expected to negatively impact
attainment or maintenance of the PM2.5 NAAQS. Moreover,
there have been a number of studies which have indicated that
SO2 is the primary driver of PM2.5 formation in
the Southeast.\6\
---------------------------------------------------------------------------
\6\ See, e.g., Quantifying the sources of ozone, fine
particulate matter, and regional haze in the Southeastern United
States, Journal of Environmental Engineering (June 24, 2009),
available at: https://www.journals.elsevier.com/journal-ofenvironmental-management.
---------------------------------------------------------------------------
Given the downward trend in precursor emissions (specifically for
NOX and VOC) noted above and given that, as previously
stated, RVP does not affect the most significant PM2.5
precursor (SO2), EPA is proposing to determine that a change
to 9.0 psi RVP fuel for the affected counties would not interfere with
the Area's ability to attain or maintain the PM2.5 NAAQS in
the Area.
d. Noninterference Analysis for the 2010 NO2 NAAQS
On February 17, 2012, EPA designated all counties in Tennessee as
unclassifiable/attainment for the 2010 NO2 NAAQS. See 77 FR
9532. Based on the technical analysis in Tennessee's April 12, 2017,
noninterference demonstration, as shown in Table 3, there is an overall
downward trend in ozone concentrations in the Memphis Area, and
NO2, as a component of NOX, is an ozone
precursor. This decline can be attributed to federal and state programs
that have led to significant emissions reductions in ozone precursors,
such as federal standards in on-road and non-road mobile source sectors
and resultant fleet turnover. See 81 FR 22948, (April 19, 2016). Given
this downward trend, the downward trend in precursor emissions, the
current ozone concentrations in the Memphis Area, and the results of
Tennessee's emissions analysis and the current unclassifiable/
attainment designation, EPA is proposing to determine that a change to
9.0 psi RVP fuel for Shelby County would not interfere with maintenance
of the 2010 NO2 NAAQS in the Area.
VI. Proposed Action
EPA is proposing to approve Tennessee's April 12, 2017,
noninterference demonstration supporting the State's request to relax
the RVP standard to 9.0 psi in Shelby County. EPA is also proposing to
find that this change in the RVP requirements for Shelby County will
not interfere with attainment or maintenance of any NAAQS or with any
other applicable requirement of the CAA.
EPA is proposing that Tennessee's April 12, 2017, SIP
noninterference demonstration associated with the State's request for
the removal of the federal RVP requirements, are consistent with the
applicable provisions of the CAA. Should EPA decide to remove Shelby
County from those areas subject to the 7.8 psi federal RVP
requirements, such action will occur in a separate, subsequent
rulemaking.
VII. 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. See 42 U.S.C. 7410(k); 40 CFR part 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
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 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).
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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 21971]]
Dated: April 17, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-09491 Filed 5-10-17; 8:45 am]
BILLING CODE 6560-50-P
