Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties, Tennessee, 17597-17601 [2017-07399]

Download as PDF Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Proposed Rules (iv) With the t-bolt in the 12 o’clock position, visually inspect the coupling for the attachment of the outer band to the v-retainer coupling segments by inspecting for gaps between the outer band and the v-retainer coupling segments between approximately the 1 o’clock through 11 o’clock position. It is recommended to use backlighting to see gaps. If gaps between the outer band and the v-retainer coupling segments are found, do not re-install the v-band coupling. Before further flight, you must install a new v-band coupling and restart the hours TIS for the repetitive replacement of the v-band coupling. (v) Visually inspect the bend radii of the coupling v-retainer coupling segments for cracks. Inspect the radii throughout the length of the segment. See figure 1 to paragraphs (h)(1)(iii) and (v) of this AD. If any cracks are found, do not re-install the vband coupling. Before further flight, you must install a new v-band coupling and restart the hours TIS for the repetitive replacement of the v-band coupling. (vi) Visually inspect the outer band opposite the t-bolt for damage (distortion, creases, bulging, or cracks), which may be caused from excessive spreading of the coupling during installation and/or removal. If any damage is found, do not re-install the v-band coupling. Before further flight, you must install a new v-band coupling and restart the hours TIS for the repetitive replacement of the v-band coupling. (2) If the removed exhaust tailpipe v-band coupling passes all of the inspection steps listed in paragraphs (h)(1)(i) through (vi) of this AD, you may re-install the same v-band coupling. After the coupling is re-installed and torqued as specified in paragraph (g) of this AD, verify there is space between each v-retainer coupling segment below the t-bolt. If there is no space between each v-retainer coupling segment below the t-bolt, before further flight, you must install a new v-band VerDate Sep<11>2014 16:50 Apr 11, 2017 Jkt 241001 coupling and restart the hours TIS for the repetitive replacement of the v-band coupling. (3) The inspections required in paragraphs (h)(1) and (2) of this AD only apply to reinstalling the same exhaust tailpipe v-band coupling that was removed for any reason as specified in paragraph (h)(1) of this AD. It does not apply to installation of a new vband coupling. These inspections do not terminate the 500-hour TIS repetitive replacement of the v-band coupling and do not restart the hours TIS for the repetitive replacement of the v-band coupling. (4) After the effective date of this AD, do not install a used exhaust tailpipe v-band coupling on the airplane except for the reinstallation of the inspected exhaust tailpipe v-band coupling that was removed for any reason as specified in paragraph (h)(1) of this AD. (316) 946–4196; fax: (316) 946–4107; email: thomas.teplik@faa.gov. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, Wichita Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (j) of this AD. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties, Tennessee (j) Related Information For more information about this AD, contact Thomas Teplik, Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; phone: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Issued in Kansas City, Missouri, on April 3, 2017. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–07343 Filed 4–11–17; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA–HQ–OAR–2016–0631; FRL 9961–45– OAR] RIN 2060–AT32 Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a request from the state of Tennessee for EPA to relax the federal Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties (hereinafter referred to as the Middle Tennessee Area or Area). Specifically, EPA is proposing to amend the SUMMARY: E:\FR\FM\12APP1.SGM 12APP1 EP12AP17.000</GPH> mstockstill on DSK30JT082PROD with PROPOSALS BILLING CODE 4910–13–C 17597 17598 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Proposed Rules regulations to allow the RVP standard for the Middle Tennessee Area to rise from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. EPA has preliminarily determined that this change to the federal RVP regulation is consistent with the applicable provisions of the Clean Air Act (CAA). Written comments must be received on or before May 12, 2017 unless a public hearing is requested by April 27, 2017. If the EPA receives such a request, we will publish information related to the timing and location of the hearing and a new deadline for public comment. DATES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2016–0631, to the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. 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. If you need to include CBI as part of your comment, please visit https://www.epa.gov/ dockets/commenting-epa-dockets for instructions. 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. For additional submission methods, the full EPA public comment policy, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: mstockstill on DSK30JT082PROD with PROPOSALS David Dickinson, Office of Transportation and Air Quality, Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202) 343– 9256; fax number: (202) 343–2804; email address: dickinson.david@ epa.gov. SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in the following outline: I. General Information II. Public Participation III. Background and Proposal IV. Statutory and Executive Order Reviews V. Legal Authority VerDate Sep<11>2014 16:50 Apr 11, 2017 Jkt 241001 the Middle Tennessee Area for the 1997 ozone national ambient air quality A. Does this action apply to me? standard (NAAQS) and a CAA section Entities potentially affected by this 110(l) non-interference demonstration proposed rule are fuel producers and that relaxing the federal RVP distributors involved in the supplying of requirement from 7.8 psi to 9.0 psi for gasoline to the Middle Tennessee Area. gasoline sold from June 1 to September 15 of each year in the Middle Tennessee Examples of potentially NAICS 1 codes Area would not interfere with regulated entities maintenance of any NAAQS in the Petroleum refineries ............. 324110 Middle Tennessee Area, including the 2008 and 2015 ozone NAAQS, or with Gasoline Marketers and Distributors ............................. 424710 any other applicable CAA requirement. 424720 For more information on Tennessee’s Gasoline Retail Stations ....... 447110 maintenance plan revision request for Gasoline Transporters .......... 484220 the Middle Tennessee Area, please refer 484230 to the notice of proposed rulemaking for that action (82 FR 11517 (February 24, The above table is not intended to be 2017)). EPA intends to take final action exhaustive, but rather provides a guide on this rule as proposed only upon the for readers regarding entities likely to be finalization of the maintenance plan regulated by this action. The table lists revision and non-interference the types of entities of which EPA is demonstration rulemaking. aware that potentially could be affected The preamble for this rulemaking is by this proposed rule. Other types of organized as follows: Section III.B. entities not listed on the table could also provides the history of the federal be affected. To determine whether your gasoline volatility regulation. Section organization could be affected by this III.C. describes the policy regarding proposed rule, you should carefully relaxation of gasoline volatility examine the regulations in 40 CFR standards in ozone nonattainment areas 80.27. If you have questions regarding that are redesignated as attainment areas the applicability of this action to a as well as maintenance areas. Section particular entity, call the person listed III.D. provides information specific to in the FOR FURTHER INFORMATION Tennessee’s request for the Middle CONTACT section of this preamble. Tennessee Area. B. What is the agency’s authority for B. History of the Gasoline Volatility taking this action? Requirement The statutory authority for this action On August 19, 1987 (52 FR 31274), is granted to the EPA by Sections 211(h) EPA determined that gasoline and 301(a) of the Clean Air Act, as nationwide was becoming increasingly amended; 42 U.S.C. 7545(h) and volatile, causing an increase in 7601(a). evaporative emissions from gasolinepowered vehicles and equipment. II. Public Participation Evaporative emissions from gasoline, EPA will not hold a public hearing on referred to as volatile organic this matter unless a request is received compounds (VOC), are precursors to the by the person identified in the FOR formation of tropospheric ozone and FURTHER INFORMATION CONTACT section of contribute to the nation’s ground-level this preamble by April 27, 2017. If the ozone problem. Exposure to groundEPA receives such a request, we will level ozone can reduce lung function, publish information related to the thereby aggravating asthma and other timing and location of the hearing and respiratory conditions, increase a new deadline for public comment. susceptibility to respiratory infection, and may contribute to premature death III. Background and Proposal in people with heart and lung disease. A. Summary of the Proposal The most common measure of fuel EPA is proposing to approve a request volatility that is useful in evaluating gasoline evaporative emissions is RVP. from the State of Tennessee to change Under CAA section 211(c), the EPA the summertime federal RVP standard promulgated regulations on March 22, for Davidson, Rutherford, Sumner, 1989 (54 FR 11868) that set maximum Williamson, and Wilson Counties from limits for the RVP of gasoline sold 7.8 psi to 9.0 psi by amending EPA’s during the regulatory control periods regulations at 40 CFR 80.27(a)(2). In a that were established on a state-by-state separate, concurrent rulemaking noted basis in the final rule. The regulatory below, EPA has already proposed to approve a maintenance plan revision for control periods addressed the portion of the year when peak ozone 1 North American Industry Classification System. concentrations were expected. These I. General Information PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1 mstockstill on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Proposed Rules regulations constituted Phase I of a twophase nationwide program, which was designed to reduce the volatility of gasoline during the high ozone 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). The 1990 CAA Amendments established a new section 211(h) to address fuel volatility. CAA 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. CAA section 211(h) also prohibits the EPA from establishing a volatility standard more stringent than 9.0 psi in an attainment area, except that the EPA may impose a lower (more stringent) standard in any former ozone nonattainment area redesignated to attainment. On December 12, 1991 (56 FR 64704), the EPA modified the Phase II volatility regulations to be consistent with CAA section 211(h). The modified regulations prohibited the sale of gasoline with an RVP above 9.0 psi in all areas designated attainment for ozone, effective January 13, 1992. For areas designated as nonattainment, the regulations retained the original Phase II standards published on June 11, 1990 (55 FR 23658), which included the 7.8 psi ozone season limitation for certain areas. As stated in the preamble to the Phase II volatility controls and reiterated in the proposed change to the volatility standards published in 1991, EPA will rely on states to initiate changes to their respective volatility programs. EPA’s policy for approving such changes is described below in Section III.C. The State of Tennessee has initiated this change by requesting that EPA relax the 7.8 psi gasoline RVP standard to 9.0 psi for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties, which are subject to the 7.8 gasoline RVP requirement during the summertime ozone season. Accordingly, the TDEC provided a technical demonstration showing that relaxing the federal gasoline RVP requirements in the five counties from 7.8 psi to 9.0 psi would not interfere with maintenance of any NAAQS in the Middle Tennessee Area, including the 2015 ozone NAAQS, or with any other applicable CAA requirement. VerDate Sep<11>2014 16:50 Apr 11, 2017 Jkt 241001 C. Relaxation of Gasoline Volatility Standards in Ozone Nonattainment Areas That Are Redesignated to Attainment Areas As stated in the preamble for EPA’s amended Phase II volatility standards (56 FR 64706), any change in the gasoline volatility standard for a nonattainment area that was subsequently redesignated as an attainment area must be accomplished through a separate rulemaking that revises the applicable standard for that area. Thus, for former 1-hour ozone nonattainment areas where the EPA mandated a Phase II volatility standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the federal 7.8 psi gasoline RVP requirement remains in effect, even after such an area is redesignated to attainment, until a separate rulemaking is completed that relaxes the federal gasoline RVP standard in that area from 7.8 psi to 9.0 psi. As explained in the December 12, 1991 rulemaking, EPA believes that relaxation of an applicable gasoline 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, CAA section 107(d)(3) requires the state to make a showing, pursuant to CAA section 175A, that the area is capable of maintaining attainment for the ozone NAAQS for ten years. 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 gasoline volatility standard unless the state requests a relaxation and the maintenance plan demonstrates that the area will maintain attainment for ten years without the need for the more stringent volatility standard. Similarly, a maintenance plan may be revised to relax the gasoline volatility standard if the state requests a relaxation and the maintenance plan demonstrates that the area will maintain attainment for the duration of the maintenance plan. Tennessee is requesting relaxation of the federal gasoline RVP standard from 7.8 psi to 9.0 psi for the Middle Tennessee Area concurrent with its request that the EPA approve a maintenance plan revision for the Area for the 1997 ozone NAAQS. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 17599 D. Tennessee’s Request To Relax the Federal Gasoline RVP Requirement for the Middle Tennessee Area On November 21, 2016, the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC or State), submitted a revised maintenance plan for the Middle Tennessee Area to EPA for approval, and this maintenance plan revision included a request to relax the federal gasoline RVP requirement. The Middle Tennessee Area is designated as attainment for the 1997 and 2008 ozone NAAQS. Tennessee did not request relaxation of the federal RVP standard from 7.8 psi to 9.0 psi when TDEC originally submitted a CAA section 110(a)(1) maintenance plan (for the 1997 ozone NAAQS) that was approved on January 28, 2011 (76 FR 5078). In addition to the State’s November 21, 2016 request to relax the federal gasoline RVP requirement, the State’s request includes a CAA section 110(l) non-interference demonstration that removal of the federal RVP requirement of 7.8 psi for gasoline during the summertime ozone season in the Middle Tennessee Area would not interfere with maintenance of any NAAQS, or with any other applicable CAA requirement. Specifically, the State provided a technical demonstration showing that relaxing the federal gasoline RVP requirement in the Middle Tennessee Area from 7.8 psi to 9.0 psi for gasoline sold between June 1 and September 15 of each year would not interfere with maintenance of any NAAQS in the Area, including the 2015 ozone NAAQS, or with any other applicable CAA requirement. On February 24, 2017, EPA proposed the approval of Tennessee’s November 21, 2016 request for a maintenance plan revision for the Middle Tennessee Area. In that proposed rulemaking, EPA included an initial evaluation of Tennessee’s non-interference demonstration for the Area.2 The maintenance plan revision and non-interference demonstration rulemaking is subject to public notice and comment. EPA will evaluate any comments on the request for a maintenance plan revision and associated non-interference demonstration rulemaking, and any comments will be addressed in the final rule for that rulemaking. Further information on that rulemaking, including any comments received, can be found in the docket for that rulemaking (EPA–R04–OAR–2016– 0615). 2 82 E:\FR\FM\12APP1.SGM FR 11517 (February 24, 2017). 12APP1 17600 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Proposed Rules In this action, the EPA is taking the second step in the process by proposing to approve Tennessee’s request to relax the summertime ozone season gasoline RVP standard for the Middle Tennessee Area from 7.8 psi to 9.0 psi. Specifically, EPA is proposing to amend the applicable gasoline RVP standard to allow the gasoline RVP requirements to rise from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the Area. This proposal to approve Tennessee’s request to relax the summertime ozone season gasoline RVP standard for the Middle Tennessee Area from 7.8 psi to 9.0 psi is contingent on EPA’s separate approval of Tennessee’s November 21, 2016 request for a maintenance plan revision and non-interference demonstration. It is also based on the fact that the Middle Tennessee Area is currently in attainment for both the 2008 ozone NAAQS and the 2015 ozone NAAQS. If EPA finalizes the approval of the revised maintenance plan for Middle Tennessee and the section 110(l) noninterference demonstration as separately proposed, EPA may issue its final action (based on this proposal) as soon as the date of publication of such final rule. EPA believes that a final rule that raises the RVP standard for gasoline from 7.8 psi to 9.0 psi would be a ‘‘a substantive rule which . . . relieves a restriction’’ within the meaning of 5 U.S.C. 553(d)(1). Accordingly, EPA may decide to make a final rule based on this proposal effective upon publication. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act mstockstill on DSK30JT082PROD with PROPOSALS This action does not impose any new information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and therefore is not subject to these requirements. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a VerDate Sep<11>2014 16:50 Apr 11, 2017 Jkt 241001 significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. The small entities subject to the requirements of this action are refiners, importers or blenders of gasoline that choose to produce or import low RVP gasoline for sale in Tennessee and gasoline distributers and retail stations in Tennessee. This action relaxes the federal RVP standard for gasoline sold in Davidson, Rutherford, Sumner, Williamson, and Wilson Counties during the summertime ozone season (June 1 to September 15 of each year) to allow the RVP for gasoline sold in those counties to rise from 7.8 psi to 9.0 psi. This rule does not impose any requirements or create impacts on small entities beyond those, if any, already required by or resulting from the CAA section 211(h) Volatility Control program. Therefore, this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act (UMRA) This proposed rule does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action implements mandates that are specifically and explicitly set forth in CAA section 211(h) without the exercise of any policy discretion by EPA. E. Executive Order 13132: Federalism This action does not have federalism implications. It will 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed rule affects only those refiners, importers or blenders of gasoline that choose to produce or import low RVP gasoline for sale in the Middle Tennessee Area and gasoline distributers and retail stations in the Area. Thus, Executive Order 13175 does not apply to this action. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it approves a state program. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because it does not affect the applicable ozone NAAQS which establish the level of protection provided to human health or the environment. This rule will relax the applicable volatility standard of gasoline during the summer, possibly resulting in slightly higher mobile source emissions. However, the State of Tennessee has demonstrated in its noninterference demonstration that this action will not interfere with maintenance of the ozone NAAQS in the Middle Tennessee Area for the 1997 ozone NAAQS, or with any other applicable requirement of the CAA including the 2008 and 2015 ozone NAAQS. Therefore, disproportionately high and adverse human health or environmental effects on minority or low-income populations are not an anticipated result. The results of this evaluation are contained in EPA’s proposed rule for Tennessee’s maintenance plan revision. A copy of Tennessee’s November 23, 2016 letter requesting that the EPA relax the gasoline RVP standard, including the technical analysis demonstrating that the less stringent gasoline RVP would E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Proposed Rules not interfere with continued maintenance of the 1997 ozone NAAQS in the Area Middle Tennessee Area, or with any other applicable CAA requirement, has been placed in the public docket for this action. V. Legal Authority The statutory authority for this action is granted to the EPA by Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 7545(h) and 7601(a). List of Subjects in 40 CFR Part 80 Environmental protection, Administrative practice and procedures, Air pollution control, Fuel additives, Gasoline, Incorporation by reference, Motor vehicle and motor vehicle engines, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements. Dated: April 4, 2017. E. Scott Pruitt, Administrator. [FR Doc. 2017–07399 Filed 4–11–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Chapter I [EPA–HQ–OPPT–2017–0038; FRL–9961–04] Chlorinated Phosphate Ester (CPE) Cluster; TSCA Section 21 Petition; Reasons for Agency Response This document provides the reasons for EPA’s response to a petition it received under the Toxic Substances Control Act (TSCA). The TSCA section 21 petition was received from Earthjustice, Natural Resources Defense Council, Toxic-Free Future, Safer Chemicals, Healthy Families, BlueGreen Alliance, and Environmental Health Strategy Center on January 6, 2017. The petitioners requested that EPA issue an order under TSCA section 4, requiring that testing be conducted by manufacturers and processors of chlorinated phosphate esters (‘‘CPE’’). The CPE Cluster is composed of tris(2chloroethyl) phosphate (‘‘TCEP’’) (CAS No. 115–96–8), 2-propanol, 1-chloro-, phosphate (‘‘TCPP’’) (CAS No. 13674– 84–5), and 2-propanol, 1,3- dichloro-, phosphate (‘‘TDCPP’’) (CAS No. 13674– 87–8). After careful consideration, EPA denied the TSCA section 21 petition for the reasons discussed in this document. mstockstill on DSK30JT082PROD with PROPOSALS VerDate Sep<11>2014 16:50 Apr 11, 2017 Jkt 241001 SUPPLEMENTARY INFORMATION: A. Does this action apply to me? This action is directed to the public in general. This action may, however, be of interest to those persons who are or may manufacture or process the chemicals tris(2-chloroethyl) phosphate (‘‘TCEP’’) (CAS No. 115–96–8), 2propanol, 1-chloro-, phosphate (‘‘TCPP’’) (CAS No. 13674–84–5), and 2propanol, 1,3- dichloro-, phosphate (‘‘TDCPP’’) (CAS No. 13674–87–8). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. The docket for this TSCA section 21 petition, identified by docket identification (ID) number EPA–HQ– OPPT–2017–0038, is available at https:// www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/ DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at https:// www.epa.gov/dockets. II. TSCA Section 21 A. What is a TSCA section 21 petition? Under TSCA section 21 (15 U.S.C. 2620), any person can petition EPA to initiate a rulemaking proceeding for the PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 issuance, amendment, or repeal of a rule under TSCA section 4, 6, or 8 or an order under TSCA section 4 or 5(e) or (f). A TSCA section 21 petition must set forth the facts that are claimed to establish the necessity for the action requested. EPA is required to grant or deny the petition within 90 days of its filing. If EPA grants the petition, the Agency must promptly commence an appropriate proceeding. If EPA denies the petition, the Agency must publish its reasons for the denial in the Federal Register. A petitioner may commence a civil action in a U.S. district court to compel initiation of the requested rulemaking proceeding within 60 days of either a denial or the expiration of the 90-day period. B. What criteria apply to a decision on a TSCA section 21 petition? I. General Information B. How can I access information about this petition? Environmental Protection Agency (EPA). ACTION: Petition; reasons for Agency response. AGENCY: SUMMARY: EPA’s response to this TSCA section 21 petition was signed April 6, 2017. FOR FURTHER INFORMATION CONTACT: For technical information contact: Hannah Braun, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–5614; email address: braun.hannah@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. DATES: 17601 1. Legal standard regarding TSCA section 21 petitions. Section 21(b)(1) of TSCA requires that the petition ‘‘set forth the facts which it is claimed establish that it is necessary’’ to issue the rule or order requested. 15 U.S.C. 2620(b)(1). Thus, TSCA section 21 implicitly incorporates the statutory standards that apply to the requested actions. Accordingly, EPA has relied on the standards in TSCA section 21 and in the provisions under which actions have been requested to evaluate this TSCA section 21 petition. In addition, TSCA section 21 establishes standards a court must use to decide whether to order EPA to initiate an order in the event of a lawsuit filed by the petitioner after denial of a TSCA section 21 petition. 15 U.S.C. 2620(b)(4)(B). 2. Legal standard regarding TSCA section 4 rules. EPA must make several findings in order to issue a rule or order to require testing under TSCA section 4(a)(1)(A)(i). In all cases, EPA must find that information and experience are insufficient to reasonably determine or predict the effects of a chemical substance on health or the environment and that testing of the chemical substance is necessary to develop the missing information. 15 U.S.C. 2603(a)(1). In addition, EPA must find that the chemical substance may present an unreasonable risk of injury under section 4(a)(1)(A)(i). Id. If EPA denies a petition for a TSCA section 4 rule or order and the petitioners challenge that decision, TSCA section 21 allows a court to order EPA to initiate the action requested by the petitioner if the petitioner demonstrates to the satisfaction of the court by a preponderance of the evidence in a de novo proceeding that findings very similar to those described in this unit E:\FR\FM\12APP1.SGM 12APP1

Agencies

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Proposed Rules]
[Pages 17597-17601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07399]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2016-0631; FRL 9961-45-OAR]
RIN 2060-AT32


Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility 
Standard for Davidson, Rutherford, Sumner, Williamson, and Wilson 
Counties, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request from the state of Tennessee for EPA to relax the 
federal Reid Vapor Pressure (RVP) standard applicable to gasoline 
introduced into commerce from June 1 to September 15 of each year for 
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties 
(hereinafter referred to as the Middle Tennessee Area or Area). 
Specifically, EPA is proposing to amend the

[[Page 17598]]

regulations to allow the RVP standard for the Middle Tennessee Area to 
rise from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. EPA 
has preliminarily determined that this change to the federal RVP 
regulation is consistent with the applicable provisions of the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before May 12, 2017 
unless a public hearing is requested by April 27, 2017. If the EPA 
receives such a request, we will publish information related to the 
timing and location of the hearing and a new deadline for public 
comment.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0631, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. 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. If you need to include CBI as part of your comment, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets for 
instructions. 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.
    For additional submission methods, the full EPA public comment 
policy, and general guidance on making effective comments, please visit 
https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of 
Transportation and Air Quality, Environmental Protection Agency, 1200 
Pennsylvania Avenue, Washington, DC 20460; telephone number: (202) 343-
9256; fax number: (202) 343-2804; email address: 
dickinson.david@epa.gov.

SUPPLEMENTARY INFORMATION: 
    The contents of this preamble are listed in the following outline:

I. General Information
II. Public Participation
III. Background and Proposal
IV. Statutory and Executive Order Reviews
V. Legal Authority

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this proposed rule are fuel 
producers and distributors involved in the supplying of gasoline to the 
Middle Tennessee Area.

------------------------------------------------------------------------
                                                             NAICS \1\
       Examples of potentially  regulated entities             codes
------------------------------------------------------------------------
Petroleum refineries....................................          324110
Gasoline Marketers and Distributors.....................          424710
                                                                  424720
Gasoline Retail Stations................................          447110
Gasoline Transporters...................................          484220
                                                                  484230
------------------------------------------------------------------------

    The above table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this action. The table lists the types of entities of which EPA is 
aware that potentially could be affected by this proposed rule. Other 
types of entities not listed on the table could also be affected. To 
determine whether your organization could be affected by this proposed 
rule, you should carefully examine the regulations in 40 CFR 80.27. If 
you have questions regarding the applicability of this action to a 
particular entity, call the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this preamble.
---------------------------------------------------------------------------

    \1\ North American Industry Classification System.
---------------------------------------------------------------------------

B. What is the agency's authority for taking this action?

    The statutory authority for this action is granted to the EPA by 
Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 
7545(h) and 7601(a).

II. Public Participation

    EPA will not hold a public hearing on this matter unless a request 
is received by the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble by April 27, 2017. If the EPA receives 
such a request, we will publish information related to the timing and 
location of the hearing and a new deadline for public comment.

III. Background and Proposal

A. Summary of the Proposal

    EPA is proposing to approve a request from the State of Tennessee 
to change the summertime federal RVP standard for Davidson, Rutherford, 
Sumner, Williamson, and Wilson Counties from 7.8 psi to 9.0 psi by 
amending EPA's regulations at 40 CFR 80.27(a)(2). In a separate, 
concurrent rulemaking noted below, EPA has already proposed to approve 
a maintenance plan revision for the Middle Tennessee Area for the 1997 
ozone national ambient air quality standard (NAAQS) and a CAA section 
110(l) non-interference demonstration that relaxing the federal RVP 
requirement from 7.8 psi to 9.0 psi for gasoline sold from June 1 to 
September 15 of each year in the Middle Tennessee Area would not 
interfere with maintenance of any NAAQS in the Middle Tennessee Area, 
including the 2008 and 2015 ozone NAAQS, or with any other applicable 
CAA requirement. For more information on Tennessee's maintenance plan 
revision request for the Middle Tennessee Area, please refer to the 
notice of proposed rulemaking for that action (82 FR 11517 (February 
24, 2017)). EPA intends to take final action on this rule as proposed 
only upon the finalization of the maintenance plan revision and non-
interference demonstration rulemaking.
    The preamble for this rulemaking is organized as follows: Section 
III.B. provides the history of the federal gasoline volatility 
regulation. Section III.C. describes the policy regarding relaxation of 
gasoline volatility standards in ozone nonattainment areas that are 
redesignated as attainment areas as well as maintenance areas. Section 
III.D. provides information specific to Tennessee's request for the 
Middle Tennessee Area.

B. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), EPA determined that gasoline 
nationwide was becoming increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOC), 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 
and 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 CAA section 
211(c), the EPA promulgated regulations on March 22, 1989 (54 FR 11868) 
that set maximum limits for the RVP of gasoline sold during the 
regulatory control periods that were established on a state-by-state 
basis in the final rule. The regulatory control periods addressed the 
portion of the year when peak ozone concentrations were expected. These

[[Page 17599]]

regulations constituted Phase I of a two-phase nationwide program, 
which was designed to reduce the volatility of gasoline during the high 
ozone 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).
    The 1990 CAA Amendments established a new section 211(h) to address 
fuel volatility. CAA 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. CAA section 211(h) also prohibits the EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that the EPA may impose a lower (more stringent) standard in any 
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), the EPA modified the Phase II 
volatility regulations to be consistent with CAA section 211(h). The 
modified regulations prohibited the sale of gasoline with an RVP above 
9.0 psi in all areas designated attainment for ozone, effective January 
13, 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658), which included the 7.8 psi ozone season limitation for 
certain areas. As stated in the preamble to the Phase II volatility 
controls and reiterated in the proposed change to the volatility 
standards published in 1991, EPA will rely on states to initiate 
changes to their respective volatility programs. EPA's policy for 
approving such changes is described below in Section III.C.
    The State of Tennessee has initiated this change by requesting that 
EPA relax the 7.8 psi gasoline RVP standard to 9.0 psi for Davidson, 
Rutherford, Sumner, Williamson, and Wilson Counties, which are subject 
to the 7.8 gasoline RVP requirement during the summertime ozone season. 
Accordingly, the TDEC provided a technical demonstration showing that 
relaxing the federal gasoline RVP requirements in the five counties 
from 7.8 psi to 9.0 psi would not interfere with maintenance of any 
NAAQS in the Middle Tennessee Area, including the 2015 ozone NAAQS, or 
with any other applicable CAA requirement.

C. Relaxation of Gasoline Volatility Standards in Ozone Nonattainment 
Areas That Are Redesignated to Attainment Areas

    As stated in the preamble for EPA's amended Phase II volatility 
standards (56 FR 64706), any change in the gasoline volatility standard 
for a nonattainment area that was subsequently redesignated as an 
attainment area must be accomplished through a separate rulemaking that 
revises the applicable standard for that area. Thus, for former 1-hour 
ozone nonattainment areas where the EPA mandated a Phase II volatility 
standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the 
federal 7.8 psi gasoline RVP requirement remains in effect, even after 
such an area is redesignated to attainment, until a separate rulemaking 
is completed that relaxes the federal gasoline RVP standard in that 
area from 7.8 psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, EPA believes that 
relaxation of an applicable gasoline 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, CAA 
section 107(d)(3) requires the state to make a showing, pursuant to CAA 
section 175A, that the area is capable of maintaining attainment for 
the ozone NAAQS for ten years. 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 gasoline volatility standard unless the state 
requests a relaxation and the maintenance plan demonstrates that the 
area will maintain attainment for ten years without the need for the 
more stringent volatility standard. Similarly, a maintenance plan may 
be revised to relax the gasoline volatility standard if the state 
requests a relaxation and the maintenance plan demonstrates that the 
area will maintain attainment for the duration of the maintenance plan.
    Tennessee is requesting relaxation of the federal gasoline RVP 
standard from 7.8 psi to 9.0 psi for the Middle Tennessee Area 
concurrent with its request that the EPA approve a maintenance plan 
revision for the Area for the 1997 ozone NAAQS.

D. Tennessee's Request To Relax the Federal Gasoline RVP Requirement 
for the Middle Tennessee Area

    On November 21, 2016, the State of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC or State), submitted a 
revised maintenance plan for the Middle Tennessee Area to EPA for 
approval, and this maintenance plan revision included a request to 
relax the federal gasoline RVP requirement. The Middle Tennessee Area 
is designated as attainment for the 1997 and 2008 ozone NAAQS. 
Tennessee did not request relaxation of the federal RVP standard from 
7.8 psi to 9.0 psi when TDEC originally submitted a CAA section 
110(a)(1) maintenance plan (for the 1997 ozone NAAQS) that was approved 
on January 28, 2011 (76 FR 5078). In addition to the State's November 
21, 2016 request to relax the federal gasoline RVP requirement, the 
State's request includes a CAA section 110(l) non-interference 
demonstration that removal of the federal RVP requirement of 7.8 psi 
for gasoline during the summertime ozone season in the Middle Tennessee 
Area would not interfere with maintenance of any NAAQS, or with any 
other applicable CAA requirement. Specifically, the State provided a 
technical demonstration showing that relaxing the federal gasoline RVP 
requirement in the Middle Tennessee Area from 7.8 psi to 9.0 psi for 
gasoline sold between June 1 and September 15 of each year would not 
interfere with maintenance of any NAAQS in the Area, including the 2015 
ozone NAAQS, or with any other applicable CAA requirement.
    On February 24, 2017, EPA proposed the approval of Tennessee's 
November 21, 2016 request for a maintenance plan revision for the 
Middle Tennessee Area. In that proposed rulemaking, EPA included an 
initial evaluation of Tennessee's non-interference demonstration for 
the Area.\2\
---------------------------------------------------------------------------

    \2\ 82 FR 11517 (February 24, 2017).
---------------------------------------------------------------------------

    The maintenance plan revision and non-interference demonstration 
rulemaking is subject to public notice and comment. EPA will evaluate 
any comments on the request for a maintenance plan revision and 
associated non-interference demonstration rulemaking, and any comments 
will be addressed in the final rule for that rulemaking. Further 
information on that rulemaking, including any comments received, can be 
found in the docket for that rulemaking (EPA-R04-OAR-2016-0615).

[[Page 17600]]

    In this action, the EPA is taking the second step in the process by 
proposing to approve Tennessee's request to relax the summertime ozone 
season gasoline RVP standard for the Middle Tennessee Area from 7.8 psi 
to 9.0 psi. Specifically, EPA is proposing to amend the applicable 
gasoline RVP standard to allow the gasoline RVP requirements to rise 
from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the Area. 
This proposal to approve Tennessee's request to relax the summertime 
ozone season gasoline RVP standard for the Middle Tennessee Area from 
7.8 psi to 9.0 psi is contingent on EPA's separate approval of 
Tennessee's November 21, 2016 request for a maintenance plan revision 
and non-interference demonstration. It is also based on the fact that 
the Middle Tennessee Area is currently in attainment for both the 2008 
ozone NAAQS and the 2015 ozone NAAQS.
    If EPA finalizes the approval of the revised maintenance plan for 
Middle Tennessee and the section 110(l) non-interference demonstration 
as separately proposed, EPA may issue its final action (based on this 
proposal) as soon as the date of publication of such final rule. EPA 
believes that a final rule that raises the RVP standard for gasoline 
from 7.8 psi to 9.0 psi would be a ``a substantive rule which . . . 
relieves a restriction'' within the meaning of 5 U.S.C. 553(d)(1). 
Accordingly, EPA may decide to make a final rule based on this proposal 
effective upon publication.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq., and therefore is not subject to these requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. The small entities subject to the 
requirements of this action are refiners, importers or blenders of 
gasoline that choose to produce or import low RVP gasoline for sale in 
Tennessee and gasoline distributers and retail stations in Tennessee. 
This action relaxes the federal RVP standard for gasoline sold in 
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties during 
the summertime ozone season (June 1 to September 15 of each year) to 
allow the RVP for gasoline sold in those counties to rise from 7.8 psi 
to 9.0 psi. This rule does not impose any requirements or create 
impacts on small entities beyond those, if any, already required by or 
resulting from the CAA section 211(h) Volatility Control program. 
Therefore, this action will have no net regulatory burden for all 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This proposed rule does not contain an unfunded mandate of $100 
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action 
implements mandates that are specifically and explicitly set forth in 
CAA section 211(h) without the exercise of any policy discretion by 
EPA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed 
rule affects only those refiners, importers or blenders of gasoline 
that choose to produce or import low RVP gasoline for sale in the 
Middle Tennessee Area and gasoline distributers and retail stations in 
the Area. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it approves a state program.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the applicable 
ozone NAAQS which establish the level of protection provided to human 
health or the environment. This rule will relax the applicable 
volatility standard of gasoline during the summer, possibly resulting 
in slightly higher mobile source emissions. However, the State of 
Tennessee has demonstrated in its non-interference demonstration that 
this action will not interfere with maintenance of the ozone NAAQS in 
the Middle Tennessee Area for the 1997 ozone NAAQS, or with any other 
applicable requirement of the CAA including the 2008 and 2015 ozone 
NAAQS. Therefore, disproportionately high and adverse human health or 
environmental effects on minority or low-income populations are not an 
anticipated result. The results of this evaluation are contained in 
EPA's proposed rule for Tennessee's maintenance plan revision. A copy 
of Tennessee's November 23, 2016 letter requesting that the EPA relax 
the gasoline RVP standard, including the technical analysis 
demonstrating that the less stringent gasoline RVP would

[[Page 17601]]

not interfere with continued maintenance of the 1997 ozone NAAQS in the 
Area Middle Tennessee Area, or with any other applicable CAA 
requirement, has been placed in the public docket for this action.

V. Legal Authority

    The statutory authority for this action is granted to the EPA by 
Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 
7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Fuel additives, Gasoline, Incorporation by 
reference, Motor vehicle and motor vehicle engines, Motor vehicle 
pollution, Penalties, Reporting and recordkeeping requirements.

    Dated: April 4, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-07399 Filed 4-11-17; 8:45 am]
 BILLING CODE 6560-50-P
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