Relaxation of the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for Shelby County (Memphis), Tennessee, 39098-39101 [2017-17420]

Download as PDF sradovich on DSK3GMQ082PROD with PROPOSALS 39098 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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 VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 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: PO 00000 Frm 00050 Fmt 4702 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 E:\FR\FM\17AUP1.SGM 17AUP1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules 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 sradovich on DSK3GMQ082PROD with PROPOSALS 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 VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 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). PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 39099 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 E:\FR\FM\17AUP1.SGM 17AUP1 39100 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS 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 VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 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 3 82 PO 00000 FR 31462 (July 7, 2017). Frm 00052 Fmt 4702 Sfmt 4702 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 E:\FR\FM\17AUP1.SGM 17AUP1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules 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. sradovich on DSK3GMQ082PROD with PROPOSALS 17:29 Aug 16, 2017 Jkt 241001 ‘‘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 VerDate Sep<11>2014 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: PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 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: E:\FR\FM\17AUP1.SGM 17AUP1

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.

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

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \3\ 82 FR 31462 (July 7, 2017).
---------------------------------------------------------------------------

    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
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