Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties, Tennessee |
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E. Scott Pruitt
Environmental Protection Agency
12 April 2017
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Proposed Rules]
[Pages 17597-17601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07399]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2016-0631; FRL 9961-45-OAR]
RIN 2060-AT32
Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility
Standard for Davidson, Rutherford, Sumner, Williamson, and Wilson
Counties, 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 the state of 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
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties
(hereinafter referred to as the Middle Tennessee Area or Area).
Specifically, EPA is proposing to amend the
[[Page 17598]]
regulations to allow the RVP standard for the Middle Tennessee Area to
rise 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 May 12, 2017
unless a public hearing is requested by April 27, 2017. 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-2016-0631, 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 Once submitted, comments cannot be edited or withdrawn.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 whose disclosure 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.
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 the
Middle Tennessee Area.
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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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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 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.
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\1\ North American Industry Classification System.
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B. What is the agency's authority for taking this action?
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).
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 April 27, 2017. 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
EPA is proposing to approve a request from the State of Tennessee
to change the summertime federal RVP standard for Davidson, Rutherford,
Sumner, Williamson, and Wilson Counties from 7.8 psi to 9.0 psi by
amending EPA's regulations at 40 CFR 80.27(a)(2). In a separate,
concurrent rulemaking noted below, EPA has already proposed to approve
a maintenance plan revision for the Middle Tennessee Area for the 1997
ozone national ambient air quality standard (NAAQS) and a CAA section
110(l) non-interference 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 Middle Tennessee Area would not
interfere with maintenance of any NAAQS in the Middle Tennessee Area,
including the 2008 and 2015 ozone NAAQS, or with any other applicable
CAA requirement. For more information on Tennessee's maintenance plan
revision request for the Middle Tennessee Area, please refer to the
notice of proposed rulemaking for that action (82 FR 11517 (February
24, 2017)). EPA intends to take final action on this rule as proposed
only upon the finalization of the maintenance plan revision and non-
interference demonstration rulemaking.
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 as well as maintenance areas. Section
III.D. provides information specific to Tennessee's request for the
Middle Tennessee Area.
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), 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
[[Page 17599]]
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 a new 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 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, 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.
The State of Tennessee has initiated this change by requesting that
EPA relax the 7.8 psi gasoline RVP standard to 9.0 psi for Davidson,
Rutherford, Sumner, Williamson, and Wilson Counties, which are subject
to the 7.8 gasoline RVP requirement during the summertime ozone season.
Accordingly, the TDEC provided a technical demonstration showing that
relaxing the federal gasoline RVP requirements in the five counties
from 7.8 psi to 9.0 psi would not interfere with maintenance of any
NAAQS in the Middle Tennessee Area, including the 2015 ozone NAAQS, or
with any other applicable CAA requirement.
C. Relaxation of Gasoline Volatility Standards in Ozone Nonattainment
Areas That Are Redesignated to Attainment Areas
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 the 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 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.
Tennessee is requesting relaxation of the federal gasoline RVP
standard from 7.8 psi to 9.0 psi for the Middle Tennessee Area
concurrent with its request that the EPA approve a maintenance plan
revision for the Area for the 1997 ozone NAAQS.
D. Tennessee's Request To Relax the Federal Gasoline RVP Requirement
for the Middle Tennessee Area
On November 21, 2016, the State of Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC or State), submitted a
revised maintenance plan for the Middle Tennessee Area to EPA for
approval, and this maintenance plan revision included a request to
relax the federal gasoline RVP requirement. The Middle Tennessee Area
is designated as attainment for the 1997 and 2008 ozone NAAQS.
Tennessee did not request relaxation of the federal RVP standard from
7.8 psi to 9.0 psi when TDEC originally submitted a CAA section
110(a)(1) maintenance plan (for the 1997 ozone NAAQS) that was approved
on January 28, 2011 (76 FR 5078). In addition to the State's November
21, 2016 request to relax the federal gasoline RVP requirement, the
State's request includes a CAA section 110(l) non-interference
demonstration that removal of the federal RVP requirement of 7.8 psi
for gasoline during the summertime ozone season in the Middle Tennessee
Area would not interfere with maintenance of any NAAQS, or with any
other applicable CAA requirement. Specifically, the State provided a
technical demonstration showing that relaxing the federal gasoline RVP
requirement in the Middle Tennessee Area from 7.8 psi to 9.0 psi for
gasoline sold between June 1 and September 15 of each year would not
interfere with maintenance of any NAAQS in the Area, including the 2015
ozone NAAQS, or with any other applicable CAA requirement.
On February 24, 2017, EPA proposed the approval of Tennessee's
November 21, 2016 request for a maintenance plan revision for the
Middle Tennessee Area. In that proposed rulemaking, EPA included an
initial evaluation of Tennessee's non-interference demonstration for
the Area.\2\
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\2\ 82 FR 11517 (February 24, 2017).
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The maintenance plan revision and non-interference demonstration
rulemaking is subject to public notice and comment. EPA will evaluate
any comments on the request for a maintenance plan revision and
associated non-interference demonstration rulemaking, and any comments
will be addressed in the final rule for that rulemaking. Further
information on that rulemaking, including any comments received, can be
found in the docket for that rulemaking (EPA-R04-OAR-2016-0615).
[[Page 17600]]
In this action, the EPA is taking the second step in the process by
proposing to approve Tennessee's request to relax the summertime ozone
season gasoline RVP standard for the Middle Tennessee Area 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 to rise
from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the Area.
This proposal to approve Tennessee's request to relax the summertime
ozone season gasoline RVP standard for the Middle Tennessee Area from
7.8 psi to 9.0 psi is contingent on EPA's separate approval of
Tennessee's November 21, 2016 request for a maintenance plan revision
and non-interference demonstration. It is also based on the fact that
the Middle Tennessee Area is currently in attainment for both the 2008
ozone NAAQS and the 2015 ozone NAAQS.
If EPA finalizes the approval of the revised maintenance plan for
Middle Tennessee and the section 110(l) non-interference demonstration
as separately proposed, EPA may issue its final action (based on this
proposal) as soon as the date of publication of such final rule. EPA
believes that a final rule that raises the RVP standard for gasoline
from 7.8 psi to 9.0 psi would be a ``a substantive rule which . . .
relieves a restriction'' within the meaning of 5 U.S.C. 553(d)(1).
Accordingly, EPA may decide to make a final rule based on this proposal
effective upon publication.
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 and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. 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.
C. 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 relaxes the federal RVP standard for gasoline sold in
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties during
the summertime ozone season (June 1 to September 15 of each year) to
allow the RVP for gasoline sold in those counties 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 will have no net regulatory burden for all
directly regulated small entities.
D. 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
implements mandates that are specifically and explicitly set forth in
CAA section 211(h) without the exercise of any policy discretion by
EPA.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will 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.
F. 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 affects only those refiners, importers or blenders of gasoline
that choose to produce or import low RVP gasoline for sale in the
Middle Tennessee Area and gasoline distributers and retail stations in
the Area. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it approves a state program.
H. 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.
I. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will 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 will relax the applicable
volatility standard of gasoline during the summer, possibly resulting
in slightly higher mobile source emissions. However, the State of
Tennessee has demonstrated in its non-interference demonstration that
this action will not interfere with maintenance of the ozone NAAQS in
the Middle Tennessee Area for the 1997 ozone NAAQS, or with any other
applicable requirement of the CAA including the 2008 and 2015 ozone
NAAQS. 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 rule for Tennessee's maintenance plan revision. A copy
of Tennessee's November 23, 2016 letter requesting that the EPA relax
the gasoline RVP standard, including the technical analysis
demonstrating that the less stringent gasoline RVP would
[[Page 17601]]
not interfere with continued maintenance of the 1997 ozone NAAQS in the
Area Middle Tennessee Area, 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 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 4, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-07399 Filed 4-11-17; 8:45 am]
BILLING CODE 6560-50-P