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

American Government Special Collections Reference Desk

American Government

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

V. Anne Heard
Environmental Protection Agency
7 July 2017


[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31462-31464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14202]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0136; FRL-9964-56-Region 4]


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
noninterference demonstration that evaluates whether the change for the 
Federal Reid Vapor Pressure (RVP) requirements in Shelby County 
(hereinafter referred to as the ``Area'') would interfere with the 
Area's ability to meet the requirements of the Clean Air Act (CAA or 
Act). Tennessee submitted through the Tennessee Department of 
Environment and Conservation (TDEC), on April 12, 2017, a 
noninterference demonstration on behalf of the Shelby County Health 
Department requesting that EPA change the RVP requirements for Shelby 
County. Specifically, Tennessee's noninterference demonstration 
concludes that relaxing the federal RVP requirement from 7.8 pounds per 
square inch (psi) to 9.0 psi for gasoline sold between June 1 and 
September 15 of each year in Shelby County would not interfere with 
attainment or maintenance of the national ambient air quality standards 
(NAAQS or standards) or with any other CAA requirement.

DATES: This rule is effective July 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0136. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not 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: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S.

[[Page 31463]]

Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached via telephone 
at (404) 562-9043 or via electronic mail at lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What is the background for this final action?

    On April 12, 2017, Tennessee submitted a request that EPA relax the 
federal RVP requirement from 7.8 psi to 9.0 psi for gasoline sold 
between June 1 and September 15 of each year (i.e., during high ozone 
season) in Shelby County. As part of that request, Tennessee evaluated 
whether removal of this requirement would interfere with air quality in 
Shelby County. To make this demonstration of noninterference, Tennessee 
completed a technical analysis, including modeling, to estimate the 
change in emissions that would result from a switch to 9.0 psi RVP fuel 
in Shelby County. In a notice of proposed rulemaking (NPR) published on 
May 11, 2017 (82 FR 21966), EPA proposed to approve the State's 
noninterference demonstration. 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 April 12, 2017, noninterference 
demonstration supporting the State's request to relax the RVP standard 
to 9.0 psi in Shelby County. EPA has determined that the change in the 
RVP requirements for Shelby County will not interfere with attainment 
or maintenance of any NAAQS or with any other applicable requirement of 
the CAA.
    EPA has determined that Tennessee's April 12, 2017, 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 Shelby County. 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 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR part 52.02(a). Thus, 
in reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 September 5, 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

[[Page 31464]]

reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 22, 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. In Sec.  52.2220, the table in paragraph (e) is amended by adding 
the entry ``Non-interference Demonstration for Federal Low-Reid Vapor 
Pressure Requirement in Shelby County'' at the end of the table to read 
as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                                    EPA-Approved Tennessee Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Applicable geographic
    Name of non-regulatory SIP        or  nonattainment         State                 EPA approval date                         Explanation
             provision                       area          effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Non-interference Demonstration for  Shelby County........       4/12/2016  7/7/2017 [Insert Federal Register       .....................................
 Federal Low-Reid Vapor Pressure                                            citation].
 Requirement in Shelby County.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-14202 Filed 7-6-17; 8:45 am]
BILLING CODE 6560-50-P

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