Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for Birmingham, Alabama |
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Gina McCarthy
Environmental Protection Agency
May 7, 2015
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Proposed Rules]
[Pages 26212-26215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10615]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2014-0905; FRL 9927-15-OAR]
RIN 2060-AS58
Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility
Standard for Birmingham, Alabama
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a request from the state of Alabama for the EPA to relax the
Reid Vapor Pressure (RVP) standard applicable to gasoline introduced
into commerce from June 1 to September 15 of each year for Jefferson
and Shelby counties (``the Birmingham area''). Specifically, the EPA is
proposing to amend the regulations to change the RVP standard for the
Birmingham area from 7.8 pounds per square inch (psi) to 9.0 psi for
gasoline. The 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 June 8, 2015
unless a public hearing is requested by May 22, 2015. If the EPA
receives such a request, we will publish information related to the
timing and location of the hearing and a new deadline for public
comment.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0905, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: a-and-r-Docket@epa.gov.
Mail: Air Docket, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Ave. NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2014-0905. Please include a total of
two copies.
Hand Delivery: Air and Radiation Docket, EPA Docket
Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004. Attention Docket ID No. EPA-HQ-OAR-2014-0905.
Please include two copies. Such deliveries are accepted only during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2014-0905. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means that the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made
[[Page 26213]]
available on the Internet. If you submit an electronic comment, the EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about the EPA's public docket, visit the EPA
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of Transportation
and Air Quality, Environmental Protection Agency, 2000 Traverwood
Drive, Ann Arbor, Michigan 48105; telephone number: (734) 214-4476; fax
number: (734) 214-4052; email address: klavon.patty@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. Direct Final Rule
V. Statutory and Executive Order Reviews
VI. Legal Authority
I. General Information
A. This Proposed Rule Is Published Parallel to a Direct Final Rule
In the ``Rules and Regulations'' section of this Federal Register,
the EPA is making this revision as a direct final rule without prior
proposal because the EPA views these revisions as noncontroversial and
anticipates no adverse comment. The rationale for this rulemaking is
described both in this proposal and in the direct final rule.
The regulatory text for this proposed rule is included in the
direct final rule, and parties should review that rule for the
regulatory text. If the EPA receives no adverse comment, the EPA will
not take further action on this proposed rule. If the EPA receives
adverse comment on this rule or any portion of this rule, the EPA will
withdraw the direct final rule or the portion of the rule that received
adverse comment. All public comments received will then be addressed in
a subsequent final rule based on this proposed rule. The EPA will not
institute a second comment period on this rulemaking. Any parties
interested in commenting must do so at this time.
B. Does this action apply to me?
Entities potentially affected by this rule are fuel producers and
distributors who do business in Alabama.
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NAICS \1\
Examples of potentially regulated entities 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 regulated
by this action. The table lists the types of entities of which the EPA
is aware that potentially could be affected by this rule. Other types
of entities not listed on the table could also be affected by this
rule. To determine whether your organization could be affected by this
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.
C. What should I consider as I prepare my comments?
1. Submitting CBI
Do not submit CBI to the EPA through www.regulations.gov or email.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to the EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The EPA may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
3. Docket Copying Costs
You may be required to pay a reasonable fee for copying docket
materials.
II. Public Participation
The 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 May 22, 2015. If the
EPA receives such a request, we will publish information related to the
timing and location of the hearing and a new deadline for public
comment.
III. Background and Proposal
A. Summary of the Proposal
The EPA is proposing to approve a request from the state of Alabama
to change the summertime RVP standard for Jefferson and Shelby counties
(``the Birmingham area'') from 7.8 psi to 9.0 psi by amending the EPA's
regulations at 40 CFR 80.27(a)(2). In a previous rulemaking, the EPA
approved a state implementation plan (SIP) revision from
[[Page 26214]]
the state of Alabama which provided a technical demonstration that
relaxing the federal RVP requirement from 7.8 psi to 9.0 psi for
gasoline sold from June 1 to September 15 of each year in the
Birmingham area would not interfere with maintenance of the NAAQS in
the Birmingham area or with any other applicable CAA requirement. For
more information on Alabama's SIP revision, please refer to the April
17, 2015 rulemaking (80 FR 21170).
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
volatility standards in ozone nonattainment areas that are redesignated
as attainment areas. Section III.D. provides information specific to
Alabama's request for the Birmingham area. Finally, Section IV. briefly
discusses the associated direct final rule.
B. History of the Gasoline Volatility Requirement
On August 19, 1987 (52 FR 31274), the EPA determined that gasoline
nationwide was becoming increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as volatile organic
compounds (VOC), are precursors to the formation of tropospheric ozone
and contribute to the nation's ground-level ozone problem. Exposure to
ground-level ozone can reduce lung function, thereby aggravating asthma
and other respiratory conditions, increase susceptibility to
respiratory infection, and may contribute to premature death in people
with heart and lung disease.
The most common measure of fuel volatility that is useful in
evaluating gasoline evaporative emissions is RVP. Under CAA section
211(c), the EPA promulgated regulations on March 22, 1989 (54 FR 11868)
that set maximum limits for the RVP of gasoline sold during the
regulatory control periods that were established on a state-by-state
basis in the final rule. The regulatory control periods addressed the
portion of the year when peak ozone concentrations were expected. These
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), the EPA promulgated more
stringent volatility controls as Phase II of the volatility control
program. These requirements established maximum RVP standards of 9.0
psi or 7.8 psi (depending on the state, the month, and the area's
initial ozone attainment designation with respect to the 1-hour ozone
NAAQS.)
The 1990 CAA Amendments established a new section 211(h) to address
fuel volatility. CAA section 211(h) requires the EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high ozone
season. CAA section 211(h) also prohibits the EPA from establishing a
volatility standard more stringent than 9.0 psi in an attainment area,
except that the EPA may impose a lower (more stringent) standard in any
former ozone nonattainment area redesignated to attainment.
On December 12, 1991 (56 FR 64704), the EPA modified the Phase II
volatility regulations to be consistent with CAA section 211(h). The
modified regulations prohibited the sale of gasoline with an RVP above
9.0 psi in all areas designated attainment for ozone, effective January
13, 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658), which included the 7.8 psi ozone season limitation for
certain areas. As stated in the preamble to the Phase II volatility
controls and reiterated in the proposed change to the volatility
standards published in 1991, the EPA will rely on states to initiate
changes to their respective volatility programs. The EPA's policy for
approving such changes is described below in Section III.C.
The state of Alabama has initiated this change by requesting that
the EPA relax the 7.8 psi RVP standard to 9.0 psi for the Birmingham
area, which is subject to the 7.8 RVP requirement during the summertime
ozone season. Accordingly, the state of Alabama provided a technical
demonstration showing that relaxing the federal RVP requirements in the
Birmingham area from 7.8 psi to 9.0 psi would not interfere with
maintenance of the NAAQS or with any other applicable CAA requirement.
C. The EPA's Policy Regarding Relaxation of Volatility Standards in
Ozone Nonattainment Areas That Are Redesignated to Attainment Areas
As stated in the preamble for the EPA's amended Phase II volatility
standards (56 FR 64706), any change in the volatility standard for a
nonattainment area that was subsequently redesignated as an attainment
area must be accomplished through a separate rulemaking that revises
the applicable standard for that area. Thus, for former 1-hour ozone
nonattainment areas where the EPA mandated a Phase II volatility
standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the
federal 7.8 psi RVP requirement remains in effect, even after such an
area is redesignated to attainment, until a separate rulemaking is
completed that relaxes the federal RVP standard in that area from 7.8
psi to 9.0 psi.
As explained in the December 12, 1991 rulemaking, the EPA believes
that relaxation of an applicable 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, the
EPA will not relax the volatility standard unless the state requests a
relaxation and the maintenance plan demonstrates to the satisfaction of
the EPA that the area will maintain attainment for ten years without
the need for the more stringent volatility standard.
Alabama did not request relaxation of the federal RVP standard from
7.8 psi to 9.0 psi when the Birmingham area was redesignated to
attainment for either the 1-hour ozone NAAQS or the 1997 ozone NAAQS.
However, Alabama took a conservative approach in developing maintenance
plans associated with those redesignation requests by estimating
emissions using a federal RVP requirement of 9.0 psi.
D. Alabama's Request to Relax the Federal RVP Requirement for the
Birmingham Area
In a May 12, 2006 final rule, the EPA approved the Birmingham
area's redesignation request and maintenance plan for the 1997 ozone
NAAQS. See 71 FR 27631 (May 12, 2006).\2\ As required, the CAA section
175A maintenance plan provides for continued attainment
[[Page 26215]]
and maintenance of the 1997 ozone NAAQS for at least ten years from the
effective date of the Birmingham area's redesignation to attainment for
the 1997 ozone NAAQS. This maintenance plan also includes components
demonstrating how the Birmingham area will continue to attain the 1997
ozone NAAQS, and provides contingency measures should the Birmingham
area violate the 1997 ozone NAAQS. The state of Alabama's ozone
redesignation request and maintenance plan for the Birmingham area did
not remove the state-level 7.0 psi RVP requirement that was in place
for the Birmingham area.\3\
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\2\ The Birmingham area (i.e., Jefferson and Shelby counties)
was designated as unclassifiable/attainment for the 2008 ozone NAAQS
effective July 20, 2012. See 77 FR 30088 (May 21, 2012).
\3\ In 2001, the EPA approved a state fuel program that imposed
a more stringent 7.0 psi requirement for the Birmingham area, per
CAA section 211(c)(4)(C). The low-RVP fuel program required that all
gasoline sold during the summertime ozone season (June 1-September
15 of each year) in the Birmingham area contain a maximum RVP of 7.0
psi. See 77 FR 23620 (April 20, 2012).
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On March 2, 2012, the state of Alabama, through the Alabama
Department of Environmental Management (ADEM), submitted a proposed
revision to Alabama's SIP removing the state-level RVP requirement to
use 7.0 psi RVP gasoline in the Birmingham area during the summertime
ozone season. The EPA approved the revision in an April 20, 2012 final
rule. See 77 FR 23619. The revision to the Alabama SIP resulted in the
federal RVP requirement of 7.8 psi applying to the Birmingham area.
On November 14, 2014, the state of Alabama submitted a proposed
revision to its SIP demonstrating that removal of the federal RVP
requirement of 7.8 psi for gasoline during the summertime ozone season
in the Birmingham area would not interfere with maintenance of any
NAAQS. Specifically, the state provided a technical demonstration
showing that relaxing the federal RVP requirement in the Birmingham
area from 7.8 psi to 9.0 psi would not interfere with maintenance of
the NAAQS or with any other applicable requirement of the CAA.
The EPA evaluated and approved Alabama's November 14, 2014 SIP
revision in a previous rulemaking that was subject to public notice-
and-comment. The EPA received two comments on that rulemaking, and
those comments were addressed in the final rule for that rulemaking.
See 80 FR 21170 (April 17, 2015). The comments received can be found in
the docket for that rulemaking (EPA-R04-OAR-2014-0867).
In this action, the EPA is proposing to approve Alabama's request
to relax the summertime ozone season RVP standard for the Birmingham
area from 7.8 psi to 9.0 psi. Specifically, the EPA is proposing to
amend the applicable RVP standard from 7.8 psi to 9.0 psi provided at
40 CFR 80.27(a)(2) for the Birmingham area. This is based on the
previous approval of Alabama's November 14, 2014 SIP revision, and the
fact that the Birmingham area is currently in attainment for all ozone
NAAQS.
IV. Direct Final Rule
A direct final rule that would make the same changes as those
proposed in this action appears in the Rules and Regulations section of
this Federal Register. The EPA is taking direct final action on these
revisions because the EPA views the revisions as noncontroversial and
anticipates no adverse comment. The EPA has explained the reasons for
the amendments in this proposal and in the direct final rule. If no
adverse comments are received, no further action will be taken on the
proposal, and the direct final rule will become effective as provided
in that action.
If the EPA receives adverse comments on the rule or any portion of
the rule, the EPA will withdraw the direct final rule or the portion of
the rule that received adverse comment. The EPA will publish a timely
withdrawal in the Federal Register indicating which provisions are
being withdrawn. All public comments received will then be addressed in
a subsequent final rule based on this proposed rule. The EPA will not
institute a second comment period on the subsequent final action. Any
parties interested in commenting must do so at this time.
The changes to the regulatory text proposed in this document are
identical to those for the direct final rule published in the Rules and
Regulations section of this Federal Register. For further information,
including the regulatory revisions, see the direct final rule published
in a separate part of this Federal Register.
V. Statutory and Executive Order Reviews
For a complete discussion of all the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
VI. Legal Authority
The statutory authority for this action is granted to the EPA by
Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C.
7545(h) and 7601(a).
List of Subjects in 40 CFR Part 80
Environmental protection, Administrative practice and procedures,
Air pollution control, Fuel additives, Gasoline, Incorporation by
reference, Motor vehicle and motor vehicle engines, Motor vehicle
pollution, Penalties, Reporting and recordkeeping requirements.
Dated: April 30, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-10615 Filed 5-6-15; 8:45 am]
BILLING CODE 6560-50-P