Relaxation of the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for Shelby County (Memphis), Tennessee, 39098-39101 [2017-17420]
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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules
to be consistent with EPA’s final rule
revoking the 1997 ozone NAAQS and
implementing the 2008 ozone national
ambient air quality standards (NAAQS).
See 80 FR 12264 (March 6, 2015). In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action, no
further activity is contemplated. If EPA
receives 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final rule will be withdrawn and all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. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
DATES: Comments must be received in
writing by September 18, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0382 at https://
www.regulations.gov, or via email to
stahl.cynthia@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. 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: Sara
Calcinore, (215) 814 2043, or by email
at calcinore.sara@epa.gov.
SUPPLEMENTARY INFORMATION: For
further information, please see the
information provided in the direct final
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action, with the same title, that is
located in the ‘‘Rules and Regulations’’
section of this Federal Register
publication. Please note that if 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,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
Dated: August 3, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017–17234 Filed 8–16–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 80
[EPA–HQ–OAR–2017–0146; FRL–9966–61–
OAR]
Relaxation of the Federal Reid Vapor
Pressure (RVP) Gasoline Volatility
Standard for Shelby County
(Memphis), Tennessee
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
request from 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 Shelby
County, Tennessee (Memphis or Area).
Specifically, EPA is proposing to amend
the regulations to allow the RVP
standard for Shelby County to change
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 September 18,
2017 unless a public hearing is
requested by September 1, 2017. If 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–2017–0146, 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
SUMMARY:
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docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information disclosure of which
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.
Sfmt 4702
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. You may also contact Rudolph
Kapichak, Office of Transportation and
Air Quality, Environmental Protection
Agency, 2000 Traverwood Drive, Ann
Arbor, Michigan 48105; telephone
number: (734) 214–4574; fax number:
(734) 214–4052; email address:
kapichak.rudolph@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 Shelby County, TN.
Examples of potentially
regulated entities
Petroleum refineries .............
Gasoline Marketers and Distributors .............................
Gasoline Retail Stations .......
Gasoline Transporters ..........
1 North
System.
American
Industry
NAICS 1 codes
324110
424710
424720
447110
484220
484230
Classification
The above table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
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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.
B. What is the Agency’s authority for
taking this action?
The statutory authority for this action
is granted to EPA by sections 211(h) and
301(a) of the CAA, 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 September 1, 2017. If
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
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A. Summary of the Proposal
EPA is proposing to approve a request
from Tennessee to change the
summertime Federal RVP standard for
Shelby County from 7.8 psi to 9.0 psi by
amending EPA’s regulations at 40 CFR
80.27(a)(2). In a separate rulemaking,
noted below, EPA has already approved
a CAA section 110(l) non-interference
demonstration which concludes 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 Shelby County would not
interfere with the maintenance of the
ozone national ambient air quality
standards (NAAQS) and the
maintenance of the other NAAQS, or
with any other applicable CAA
requirement. When Tennessee
previously requested that Shelby
County be redesignated to attainment
for the 2008 ozone standard, Tennessee
took a conservative approach for the
maintenance plan demonstration by
modeling 9.0 psi for the RVP
requirements as opposed to 7.8 psi.
Tennessee did not, at that time, request
the relaxation of the Federal RVP
requirements for Shelby County. More
recently, Tennessee requested a
relaxation of the Federal RVP
requirements. This has necessitated a
demonstration that relaxing the Federal
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RVP requirement from 7.8 psi to 9.0 psi
for gasoline sold from June 1 to
September 15 of each year in Shelby
County would not interfere with
maintenance of any NAAQS, including
the 2008 and 2015 ozone NAAQS, or
any other applicable CAA requirement,
under CAA section 110(l). Therefore, by
a subsequent rulemaking, EPA approved
Tennessee’s non-interference
demonstration for its already approved
maintenance plan for the 2008 ozone
NAAQS.2
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. Section III.D. provides
information specific to Tennessee’s
request for Shelby County.
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 gasolinepowered 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 groundlevel 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), 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 that final rule. The regulatory
control periods addressed the portion of
the year when peak ozone
concentrations were expected. These
regulations constituted Phase I of a twophase nationwide program, which was
designed to reduce the volatility of
gasoline during the high ozone season.
2 EPA approved the redesignation request and
maintenance plan for the portion of Tennessee that
is within the Memphis, Tennessee-MississippiArkansas (Memphis, TN–MS–AR) 2008 ozone
nonattainment area on June 23, 2016 (81 FR 40816).
EPA approved Tennessee’s non-interference
demonstration on July 7, 2017 (82 FR 31462).
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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 new CAA 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 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 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.
C. Relaxation of Gasoline Volatility
Standards in Ozone Nonattainment
Areas That Are Redesignated to
Attainment
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 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
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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.
D. Tennessee’s Request To Relax the
Federal Gasoline RVP Requirement for
Shelby County
On April 12, 2017, Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC
or State), submitted a request to relax
the Federal gasoline RVP requirement in
Shelby County. The State also submitted
a CAA section 110(l) non-interference
demonstration for approval by EPA. The
non-interference demonstration shows
that the relaxation would not interfere
with maintenance of the 2008 ozone
NAAQS or any other applicable CAA
requirement including the 2015 ozone
NAAQS. Tennessee did not request
relaxation of the Federal RVP standard
from 7.8 psi to 9.0 psi when TDEC
originally submitted the CAA section
175A maintenance plan for the 2008
ozone NAAQS that was approved on
June 23, 2016 (81 FR 40816).
On July 7, 2017, EPA approved
Tennessee’s April 12, 2017 request for
approval of the CAA section 110(l) noninterference demonstration. In that
rulemaking, EPA included an evaluation
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of Tennessee’s CAA section 110(l) noninterference demonstration for Shelby
County.3
In this action, EPA is proposing to
approve Tennessee’s request to relax the
summertime ozone season gasoline RVP
standard for Shelby County 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 at 40 CFR
80.27(a)(2) for Shelby County to change
from 7.8 psi to 9.0 psi. This proposal is
based on EPA’s separate approval of
Tennessee’s April 12, 2017 request for a
non-interference demonstration
approval and EPA’s June 23, 2016
approval of the redesignation request
and maintenance plan for the 2008
ozone NAAQS as described above.
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’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and therefore was not
submitted to the Office of Management
and Budget (OMB) for review.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not expected to be an
Executive Order 13771 regulatory action
because this action is not significant
under Executive Order 12866.
C. 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.
D. 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
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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, if finalized,
would relax the Federal RVP standard
for gasoline sold in Shelby County,
Tennessee during the summertime
ozone season (June 1 to September 15 of
each year) to allow the RVP for gasoline
sold in this county 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 would
have no net regulatory burden for all
directly regulated small entities.
E. 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 would implement mandates that
are specifically and explicitly set forth
in CAA section 211(h) without the
exercise of any policy discretion by
EPA.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It would 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.
G. 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 would affect
only those refiners, importers or
blenders of gasoline that choose to
produce or import low RVP gasoline for
sale in Shelby County and gasoline
distributers and retail stations in the
Area. Thus, Executive Order 13175 does
not apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern environmental
health or safety risks that EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
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Executive Order. EPA has no reason to
believe that this action may
disproportionately affect children since
Tennessee has provided evidence that a
relaxation of the gasoline RVP will not
interfere with its attainment of the
ozone NAAQS for Shelby County, or
any other applicable CAA requirement.
By separate action, EPA has approved
Tennessee’s non-interference
demonstration regarding its
maintenance plan for the 2008 ozone
NAAQS, and that Tennessee’s
relaxation of the gasoline RVP standard
in Shelby County to 9.0 RVP will not
interfere with any other NAAQS or CAA
requirement.
I. 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.
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‘‘Rules and Regulations’’ section of
today’s Federal Register, EPA is
promulgating the 2017 NAICS code
update as a direct final rule. For more
information on this proposal, please
refer to the direct final rule.
V. Legal Authority
DATES:
The statutory authority for this action
is granted to EPA by sections 211(h) and
301(a) of the Clean Air Act, as amended;
42 U.S.C. 7545(h) and 7601(a).
ADDRESSES:
List of Subjects in 40 CFR Part 80
Environmental protection,
Administrative practice and procedures,
Air pollution control, Fuel additives,
Gasoline, Motor vehicle and motor
vehicle engines, Motor vehicle
pollution, Penalties, Reporting and
recordkeeping requirements.
Dated: August 11, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017–17420 Filed 8–16–17; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA believes the human health or
environmental risk addressed by this
action would 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 would relax the
applicable volatility standard of
gasoline during the summer, possibly
resulting in slightly higher mobile
source emissions. However, Tennessee
has demonstrated in its non-interference
demonstration that this action will not
interfere with maintenance of the ozone
NAAQS in Shelby County for the 2008
ozone NAAQS, or with any other
applicable requirement of the CAA.
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 and final
rules for Tennessee’s non-interference
demonstration. A copy of Tennessee’s
April 12, 2017 letter requesting that EPA
relax the gasoline RVP standard,
including the technical analysis
demonstrating that the less stringent
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gasoline RVP would not interfere with
continued maintenance of the 2008
ozone NAAQS in Shelby County, or
with any other applicable CAA
requirement, has been placed in the
public docket for this action.
BILLING CODE 6560–50–P
J. National Technology Transfer
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
39101
40 CFR Part 372
[EPA–HQ–OPPT–2017–0197; FRL–9964–76]
RIN 2070–AK32
Community Right-To-Know; Adopting
2017 North American Industry
Classification System (NAICS) Codes
for Toxics Release Inventory (TRI)
Reporting
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to update
the list of North American Industry
Classification System (NAICS) codes
subject to reporting under the Toxics
Release Inventory (TRI) to reflect the
Office of Management and Budget
(OMB) 2017 NAICS code revision. As a
result of this proposal, facilities would
be required to use 2017 NAICS codes
when reporting to TRI beginning with
TRI reporting forms that are due on July
1, 2018, covering releases and other
waste management quantities for the
2017 calendar year. EPA is also
modifying the list of exceptions and
limitations associated with NAICS
codes in the CFR for TRI reporting
purposes by deleting the descriptive
text. EPA believes that the proposed
amendments are non-controversial and
does not expect to receive any adverse
comments. Therefore, in addition to this
Notice of Proposed Rulemaking, in the
SUMMARY:
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Comments must be received on
or before September 18, 2017.
Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2007–0197, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Stephanie Griffin, Toxics Release
Inventory Program Division, Mailcode
7410M, Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–1463; email address:
griffin.stephanie@epa.gov.
For general information contact: The
Emergency Planning and Community
Right-to-Know Information Center;
telephone number: (800) 424–9346, TDD
(800) 553–7672; Web site: https://
www.epa.gov/home/epa-hotlines.
For
further information about the proposed
update to TRI’s covered NAICS codes,
please see the information provided in
the direct final action, with the same
title, that is located in the ‘‘Rules and
Regulations’’ section of this issue of the
Federal Register. To comment on this
proposed rule, and by extension the
direct final rule, you must reference
docket ID No. EPA–HQ–OPPT–2007–
0197 in one of the manners described
above in the ADDRESSES section.
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39098-39101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17420]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2017-0146; FRL-9966-61-OAR]
Relaxation of the Federal Reid Vapor Pressure (RVP) Gasoline
Volatility Standard for Shelby County (Memphis), 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 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 Shelby County,
Tennessee (Memphis or Area). Specifically, EPA is proposing to amend
the regulations to allow the RVP standard for Shelby County to change
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 September 18,
2017 unless a public hearing is requested by September 1, 2017. If 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-2017-0146, 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 disclosure of which 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. You may also contact Rudolph Kapichak, Office
of Transportation and Air Quality, Environmental Protection Agency,
2000 Traverwood Drive, Ann Arbor, Michigan 48105; telephone number:
(734) 214-4574; fax number: (734) 214-4052; email address:
kapichak.rudolph@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
Shelby County, TN.
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Examples of potentially regulated entities NAICS 1 codes
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Petroleum refineries.................................... 324110
Gasoline Marketers and Distributors..................... 424710
424720
Gasoline Retail Stations................................ 447110
Gasoline Transporters................................... 484220
484230
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\1\ North American Industry Classification System.
The above table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be
[[Page 39099]]
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.
B. What is the Agency's authority for taking this action?
The statutory authority for this action is granted to EPA by
sections 211(h) and 301(a) of the CAA, 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 September 1, 2017. If 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 Tennessee to change the
summertime Federal RVP standard for Shelby County from 7.8 psi to 9.0
psi by amending EPA's regulations at 40 CFR 80.27(a)(2). In a separate
rulemaking, noted below, EPA has already approved a CAA section 110(l)
non-interference demonstration which concludes 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 Shelby County would not
interfere with the maintenance of the ozone national ambient air
quality standards (NAAQS) and the maintenance of the other NAAQS, or
with any other applicable CAA requirement. When Tennessee previously
requested that Shelby County be redesignated to attainment for the 2008
ozone standard, Tennessee took a conservative approach for the
maintenance plan demonstration by modeling 9.0 psi for the RVP
requirements as opposed to 7.8 psi. Tennessee did not, at that time,
request the relaxation of the Federal RVP requirements for Shelby
County. More recently, Tennessee requested a relaxation of the Federal
RVP requirements. This has necessitated a 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 Shelby County would not
interfere with maintenance of any NAAQS, including the 2008 and 2015
ozone NAAQS, or any other applicable CAA requirement, under CAA section
110(l). Therefore, by a subsequent rulemaking, EPA approved Tennessee's
non-interference demonstration for its already approved maintenance
plan for the 2008 ozone NAAQS.\2\
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\2\ EPA approved the redesignation request and maintenance plan
for the portion of Tennessee that is within the Memphis, Tennessee-
Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 ozone nonattainment
area on June 23, 2016 (81 FR 40816). EPA approved Tennessee's non-
interference demonstration on July 7, 2017 (82 FR 31462).
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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. Section III.D. provides information
specific to Tennessee's request for Shelby County.
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), 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 that final rule. The regulatory control periods addressed the
portion of the year when peak ozone concentrations were expected. These
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 new CAA 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 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 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.
C. Relaxation of Gasoline Volatility Standards in Ozone Nonattainment
Areas That Are Redesignated to Attainment
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 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
[[Page 39100]]
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.
D. Tennessee's Request To Relax the Federal Gasoline RVP Requirement
for Shelby County
On April 12, 2017, Tennessee, through the Tennessee Department of
Environment and Conservation (TDEC or State), submitted a request to
relax the Federal gasoline RVP requirement in Shelby County. The State
also submitted a CAA section 110(l) non-interference demonstration for
approval by EPA. The non-interference demonstration shows that the
relaxation would not interfere with maintenance of the 2008 ozone NAAQS
or any other applicable CAA requirement including the 2015 ozone NAAQS.
Tennessee did not request relaxation of the Federal RVP standard from
7.8 psi to 9.0 psi when TDEC originally submitted the CAA section 175A
maintenance plan for the 2008 ozone NAAQS that was approved on June 23,
2016 (81 FR 40816).
On July 7, 2017, EPA approved Tennessee's April 12, 2017 request
for approval of the CAA section 110(l) non-interference demonstration.
In that rulemaking, EPA included an evaluation of Tennessee's CAA
section 110(l) non-interference demonstration for Shelby County.\3\
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\3\ 82 FR 31462 (July 7, 2017).
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In this action, EPA is proposing to approve Tennessee's request to
relax the summertime ozone season gasoline RVP standard for Shelby
County 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 at 40 CFR 80.27(a)(2) for Shelby County to change from 7.8
psi to 9.0 psi. This proposal is based on EPA's separate approval of
Tennessee's April 12, 2017 request for a non-interference demonstration
approval and EPA's June 23, 2016 approval of the redesignation request
and maintenance plan for the 2008 ozone NAAQS as described above.
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'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and
therefore was not submitted to the Office of Management and Budget
(OMB) for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
C. 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.
D. 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, if finalized, would relax the Federal RVP standard for
gasoline sold in Shelby County, Tennessee during the summertime ozone
season (June 1 to September 15 of each year) to allow the RVP for
gasoline sold in this county 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 would
have no net regulatory burden for all directly regulated small
entities.
E. 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 would
implement mandates that are specifically and explicitly set forth in
CAA section 211(h) without the exercise of any policy discretion by
EPA.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It would 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.
G. 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 would affect only those refiners, importers or blenders of
gasoline that choose to produce or import low RVP gasoline for sale in
Shelby County and gasoline distributers and retail stations in the
Area. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the
[[Page 39101]]
Executive Order. EPA has no reason to believe that this action may
disproportionately affect children since Tennessee has provided
evidence that a relaxation of the gasoline RVP will not interfere with
its attainment of the ozone NAAQS for Shelby County, or any other
applicable CAA requirement. By separate action, EPA has approved
Tennessee's non-interference demonstration regarding its maintenance
plan for the 2008 ozone NAAQS, and that Tennessee's relaxation of the
gasoline RVP standard in Shelby County to 9.0 RVP will not interfere
with any other NAAQS or CAA requirement.
I. 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.
J. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes the human health or environmental risk addressed by
this action would 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 would relax the applicable
volatility standard of gasoline during the summer, possibly resulting
in slightly higher mobile source emissions. However, Tennessee has
demonstrated in its non-interference demonstration that this action
will not interfere with maintenance of the ozone NAAQS in Shelby County
for the 2008 ozone NAAQS, or with any other applicable requirement of
the CAA. 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 and final rules for Tennessee's non-interference
demonstration. A copy of Tennessee's April 12, 2017 letter requesting
that EPA relax the gasoline RVP standard, including the technical
analysis demonstrating that the less stringent gasoline RVP would not
interfere with continued maintenance of the 2008 ozone NAAQS in Shelby
County, 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 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, Motor vehicle and
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting
and recordkeeping requirements.
Dated: August 11, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-17420 Filed 8-16-17; 8:45 am]
BILLING CODE 6560-50-P