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Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Middle Tennessee

American Government Special Collections Reference Desk

American Government

Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Middle Tennessee

V. Anne Heard
Environmental Protection Agency
1 May 2017


[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20260-20262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08646]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0615; FRL-9961-48-Region 4]


Air Plan Approval; TN: Non-Interference Demonstration for Federal 
Low-Reid Vapor Pressure Requirement in Middle Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Tennessee's November 21, 2016, revision to its State 
Implementation Plan (SIP), submitted through the Tennessee Department 
of Environment and Conservation (TDEC), in support of the State's 
request that EPA change the federal Reid Vapor Pressure (RVP) 
requirements for Davidson, Rutherford, Sumner, Williamson, and Wilson 
Counties (hereinafter referred to as the ``Middle Tennessee Area'' or 
``Area''). Tennessee's November 21, 2016, SIP submittal revises its 
maintenance plan for the Middle Tennessee Area for the 1997 8-hour 
ozone national ambient air quality standard (NAAQS) and demonstrates 
that relaxing the federal RVP requirements in this Area would not 
interfere with the Area's ability to meet the requirements of the Clean 
Air Act (CAA or Act). Specifically, Tennessee's SIP revision concludes 
that relaxing the federal RVP requirement from 7.8 pounds per square 
inch (psi) to 9.0 psi for gasoline sold between June 1 and September 15 
of each year in the Area would not interfere with attainment or 
maintenance of the NAAQS or with any other CAA requirement. EPA has 
determined that Tennessee's November 21, 2016, SIP revision is 
consistent with the applicable provisions of the CAA.

DATES: This rule is effective May 1, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0615. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or 
via electronic mail at akers.brad@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What is the background for this final action?

    On November 21, 2016, Tennessee submitted a SIP revision consisting 
of a revision to its 110(a)(1) maintenance plan for the 1997 8-hour 
ozone NAAQS for the Middle Tennessee Area and the technical 
noninterference demonstration supporting the State's request to change 
the federal RVP requirements from 7.8 psi to 9.0 psi in the Area. In a 
notice of proposed rulemaking (NPR) published on February 24, 2017 (82 
FR 11517), EPA proposed to approve the State's noninterference 
demonstration and the updates to updated emissions inventory and 
projections associated with the mobile source modeling used in the 
State's noninterference demonstration related to RVP. The details of 
Tennessee's submittal and the rationale for EPA's actions are explained 
in the NPR. EPA did not receive any adverse comments on the proposed 
action.

II. Final Action

    EPA is approving Tennessee's November 21, 2016, SIP revision 
consisting of a revision to its 110(a)(1) maintenance plan for the 1997 
8-hour ozone NAAQS for the Middle Tennessee Area and the technical 
noninterference demonstration supporting the State's request to change 
the federal RVP requirements from 7.8 psi to 9.0 psi in the Area. 
Specifically, EPA is finalizing updated emissions inventory and 
projections associated with the mobile source modeling used in the 
State's noninterference demonstration related to RVP. EPA has 
determined that the change in the RVP requirements for Davidson, 
Rutherford, Sumner, Williamson, and Wilson Counties will

[[Page 20261]]

not interfere with attainment or maintenance of any NAAQS or with any 
other applicable requirement of the CAA.
    EPA has determined that Tennessee's November 21, 2016, RVP-related 
SIP revision is consistent with the applicable provisions of the CAA 
for the reasons provided in the NPR. Through this action, EPA is not 
removing the federal 7.8 psi RVP requirement for Davidson, Rutherford, 
Sumner, Williamson, and Wilson Counties. Any such action would occur in 
a separate rulemaking.
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for this action to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary because today's 
action approves a noninterference demonstration that will serve as the 
basis of a subsequent action to relieve the Area from certain CAA 
requirements that would otherwise apply to it. The immediate effective 
date for this action is authorized under both 5 U.S.C. 553(d)(1), which 
provides that rulemaking actions may become effective less than 30 days 
after publication if the rule grants or recognizes an exemption or 
relieves a restriction, and section 553(d)(3), which allows an 
effective date less than 30 days after publication as otherwise 
provided by the agency for good cause found and published with the 
rule. The purpose of the 30-day waiting period prescribed in section 
553(d) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. This rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, this rule will serve as a basis for a subsequent action 
to relieve the Area from certain CAA requirements. For these reasons, 
EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become 
effective on the date of publication of this action.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, October 7, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000) nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 30, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements and 
Volatile organic compounds.

    Dated: March 31, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart RR--Tennessee

0
2. Section 52.2220(e) is amended by adding a new entry for ``1997 8-
hour ozone maintenance plan update for the Middle Tennessee Area and 
RVP standard'' at the end of the table to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

[[Page 20262]]



                                EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable
  Name of non-regulatory  SIP     geographic  or        State        EPA approval
           provision              nonattainment    effective date        date                Explanation
                                       area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 8-hour ozone maintenance   Davidson,              11/21/2016  5/1/2017,         ...........................
 plan update for the Middle      Rutherford,                        [Insert Federal
 Tennessee Area and RVP          Sumner,                            Register
 standard.                       Williamson, and                    citation].
                                 Wilson Counties.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-08646 Filed 4-28-17; 8:45 am]
 BILLING CODE 6560-50-P

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