Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Shelby County |
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V. Anne Heard
Environmental Protection Agency
11 May 2017
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Proposed Rules]
[Pages 21966-21971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09491]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0136; FRL-9961-88-Region 4]
Air Plan Approval; TN: Non-Interference Demonstration for Federal
Low-Reid Vapor Pressure Requirement in Shelby County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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
[[Page 21967]]
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: Comments must be received on or before June 12, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0136 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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, 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: Sean Lakeman, 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. Lakeman can be reached via telephone at (404) 562-9043
or via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is being proposed today?
This rulemaking proposes to approve Tennessee's noninterference
demonstration, submitted on April 12, 2017, in support of the State's
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. The State is
requesting the removal of the federal 7.8 psi RVP requirement. As part
of that request, Tennessee has 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.\1\ The
noninterference demonstration is further supported by the June 23, 2016
(81 FR 40816), revised and approved maintenance plan that utilizes an
RVP input parameter of 9.0 psi.
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\1\ As described in Section III of this preamble, Shelby County
was originally part of the Memphis, Tennessee (Memphis, TN) 1-hour
ozone nonattainment area; later, part of the Memphis, Tennessee-
Arkansas (Memphis, TN-AR) 1997 8-hour ozone nonattainment area; and
finally, part of the Memphis, Tennessee-Mississippi-Arkansas
(Memphis, TN-MS-AR) 2008 8-hour ozone nonattainment area.
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On January 19, 2016, Tennessee submitted a redesignation request
and maintenance plan for the portion of Tennessee that is within the
Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-hour
ozone nonattainment area to attainment for the 2008 8-hour ozone NAAQS,
which EPA approved on June 23, 2016 (81 FR 40816). Shelby County is in
the Tennessee portion of the Memphis, TN-MS-AR area. In the maintenance
plan, Tennessee used EPA's Motor Vehicle Emissions Simulator (MOVES) to
develop its projected emissions inventory according to EPA's guidance
for on-road mobile sources using MOVES version 2014. Future-year on-
road mobile source emissions estimates for 2017, 2020, and 2027 were
generated with MOVES2014 using an RVP input parameter of 9.0 psi. The
maintenance plan showed compliance with and maintenance of the 2008 8-
hour ozone NAAQS by providing information to support the demonstration
that current and future emissions of nitrogen oxides (NOX)
and volatile organic compounds (VOC) remained at or below the 2012 base
year emissions inventory. For more detailed information, see EPA's
April 19, 2016 (81 FR 22948), proposed approval of the maintenance plan
for the 2008 8-hour ozone NAAQS, which was finalized on June 23, 2016
(81 FR 40816).
It should be noted that when Tennessee requested that Shelby County
be redesignated to attainment for the 2008 8-hour ozone standard, the
State took a conservative approach for the maintenance demonstrations
and modeled 9.0 psi for the RVP requirements for this Area as opposed
to 7.8 psi. The State did not, at that time, request the removal of the
federal RVP requirements for Shelby County.
EPA is proposing to find that Tennessee's noninterference
demonstration supports the conclusion that the use of gasoline with an
RVP of 9.0 psi in Shelby County will not interfere with attainment or
maintenance of any NAAQS or with any other applicable requirement of
the CAA.
II. What is the background for the Shelby County area?
Shelby County, Tennessee (then referred to as the Memphis, TN Area)
was originally designated as a single-county marginal nonattainment
area for the 1-hour ozone standard on November 6, 1991 (56 FR 56694).
On February 16, 1995 (60 FR 3352), the Memphis, TN Area was
redesignated as attainment for the 1-hour ozone standards, and was
considered to be a maintenance area subject to a CAA section 175A
maintenance plan for the 1-hour ozone standard. Tennessee's 1-hour
ozone redesignation request and maintenance plan did not include a
request to relax the 7.8 psi federal RVP standard.
On April 30, 2004 (69 FR 23857), EPA designated the Memphis, TN-AR
Area, which included Shelby County, as a ``moderate'' 1997 8-hour ozone
NAAQS nonattainment area under Clean Air Act title I, part D, subpart 2
(``Additional Provisions for Ozone Nonattainment Areas''). On July 15,
2004, pursuant to section 181(a)(4) of the CAA, the State of Tennessee
submitted a petition to EPA, requesting that the classification of
Memphis, TN-AR Area be adjusted downward from ``moderate'' to
``marginal'' for the 1997 8-hour ozone standard. The petition was based
on the fact that the area's ``moderate'' design value of 0.092 parts
per million (ppm) was within five percent of the maximum ``marginal''
design value of 0.091 ppm. Pursuant to section 181(a)(4), areas with
design values within five percent of the standard may request a
reclassification under specific circumstances. EPA approved the
petition for reclassification, which became effective on November 22,
2004 (69 FR 56697, September 22, 2004). The Tennessee portion of the
Memphis, TN-AR Area (i.e., Shelby County) was redesignated to
attainment for the 1997 8-hour ozone NAAQS in a final rulemaking on
January 4, 2010 (75 FR 56). Tennessee's 1997 8-hour ozone redesignation
request and maintenance plan did not include a request to relax the 7.8
psi federal RVP standard.
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 ppm. See 73 FR 16436 (March 27, 2008).
[[Page 21968]]
Under EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS
is attained when the 3-year average of the annual fourth highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. See 40 CFR part 50.15. Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness as determined in appendix P of part
50.
Shelby County, as part of the Memphis, TN-AR-MS Area, was
designated as a marginal nonattainment area for the 2008 8-hour ozone
NAAQS on May 21, 2012 (effective July 20, 2012), using 2008-2010
ambient air quality data. See 77 FR 30088. The Tennessee portion of the
Memphis, TN-AR Area (i.e., Shelby County) was redesignated to
attainment on June 23, 2016 (81 FR 40816). Tennessee's 2008 8-hour
ozone redesignation request and maintenance plan did not include a
request to relax the 7.8 psi federal RVP standard, although the
maintenance plan reflected the 9.0 psi RVP standard. Tennessee is now
requesting that EPA remove the federal 7.8 psi RVP requirement for
Shelby County.
III. What is the history of the gasoline volatility requirement?
On August 19, 1987 (52 FR 31274), EPA determined that gasoline
nationwide had become increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as VOCs, 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 or 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 section 211(c)
of CAA, EPA promulgated regulations on March 22, 1989 (54 FR 11868),
that set maximum limits for the RVP of gasoline sold during the high
ozone season. These regulations constituted Phase I of a two-phase
nationwide program, which was designed to reduce the volatility of
commercial gasoline during the summer ozone control 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 during the high
ozone season).
The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. 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. Section 211(h) 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 section 211(h) of the CAA.
The modified regulations prohibited the sale of gasoline with an RVP
above 9.0 psi in all areas designated attainment for ozone, beginning
in 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658). A current listing of the RVP requirements for states can be
found on EPA's Web site at: https://www.epa.gov/gasoline-standards.
As explained in the December 12, 1991 (56 FR 64704), Phase II
rulemaking, 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, section 107(d)(3) of the Act requires the state to
make a showing, pursuant to section 175A of the Act, that the area is
capable of maintaining attainment for the ozone NAAQS for ten years
after redesignation. 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 volatility standard unless the state requests a
relaxation and the maintenance plan demonstrates, to the satisfaction
of EPA, that the area will maintain attainment for ten years without
the need for the more stringent volatility standard.
As noted above, Tennessee did not request relaxation of the
applicable 7.8 psi federal RVP standard when Shelby County was
redesignated to attainment for the 1-hour ozone NAAQS, the 1997 8-hour
ozone NAAQS, and the 2008 8-hour ozone NAAQS. Tennessee is therefore
now submitting a noninterference demonstration concluding that relaxing
the federal RVP requirement from 7.8 psi to 9.0 psi for gasoline sold
between June 1st and September 15th of each year in Shelby County would
not interfere with attainment or maintenance of the NAAQS.
IV. What are the section 110(l) requirements?
To support Tennessee's request to relax the federal RVP requirement
in Shelby County, the State must demonstrate that the requested change
will satisfy section 110(l) of the CAA. Section 110(l) requires that a
revision to the SIP not interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the Act. EPA's
criterion for determining the approvability of Tennessee's April 12,
2017, noninterference demonstration, is whether the noninterference
demonstration associated with the relaxation request satisfies section
110(l). The modeling associated with Tennessee's maintenance plan for
the 2008 8-hour ozone NAAQS is premised upon the future-year emissions
estimates for 2017, 2020, and 2027, which are based on the 9.0 psi RVP.
EPA is proposing approval of the noninterference demonstration based on
an evaluation of current air quality monitoring data and the
information provided in the noninterference demonstration.
EPA evaluates each section 110(l) noninterference demonstration on
a case-by-case basis considering the circumstances of each SIP
revision. EPA interprets 110(l) as applying to all NAAQS that are in
effect, including those that have been promulgated but for which EPA
has not yet made designations. The degree of analysis focused on any
particular NAAQS in a noninterference demonstration varies depending on
the nature of the emissions associated with the proposed SIP revision.
EPA's analysis of Tennessee's April 12, 2017, noninterference
demonstration pursuant to section 110(l) is provided below.
[[Page 21969]]
EPA notes that in this action, it is only proposing to approve the
State's technical demonstration that the Area can continue to attain
and maintain the NAAQS and meet other CAA requirements after switching
to the sale of gasoline with an RVP of 9.0 psi in Shelby County during
the high ozone season. Consistent with CAA section 211(h) and the Phase
II volatility regulations, EPA will initiate a separate rulemaking to
relax the current federal requirement to use gasoline with an RVP of
7.8 psi in Shelby County.
V. What is EPA's analysis of Tennessee's submittal?
a. Overall Preliminary Conclusions Regarding Tennessee's
Noninterference Demonstration
On April 12, 2017, TDEC submitted a noninterference demonstration
to support the State's request to modify the RVP summertime gasoline
requirement from 7.8 psi to 9.0 psi for the Area. This demonstration
includes an evaluation of the impact that the removal of the 7.8 psi
RVP requirement would have on maintenance of the ozone standards and on
the maintenance of the other NAAQS.\2\ Tennessee focused its analysis
on the impact of the change in RVP to attainment and maintenance of the
ozone, particulate matter (PM),\3\ and NO2 NAAQS because:
RVP requirements do not affect lead, sulfur dioxide (SO2),
or carbon monoxide (CO) emissions; because VOC and NOX
emissions are precursors for ozone and PM; and because NO2
is a component of NOX.
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\2\ The six NAAQS for which EPA establishes health and welfare
based standards are CO, lead, NO2, ozone, PM, and
SO2.
\3\ PM is composed of PM2.5 and PM10.
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TDEC's noninterference demonstration relied on a previously-
approved maintenance plan (June 23, 2016, 81 FR 40816) in which
Tennessee used EPA's MOVES2014 model to develop its projected emissions
inventory according to EPA's guidance for on-road mobile sources. The
future-year on-road mobile source emissions estimates for 2017, 2020,
and 2027 were generated with MOVES2014 \4\ using a RVP input parameter
of 9.0 psi. The maintenance plan showed compliance with and maintenance
of the 2008 8-hour ozone NAAQS by providing information to support the
demonstration that current and future emissions of NOX and
VOC remained at or below the 2012 base year emissions inventory. Tables
1 and 2 show the direct impact on mobile source emissions as a result
of the change for RVP requirements for Shelby County. As summarized
below, NOX and VOC emissions are expected to continue to
decrease with the use of the 9.0 psi RVP standard.
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\4\ MOVES2014a is the latest version of MOVES model. However,
the use of MOVES2014 was acceptable when EPA approved Tennessee's
2008 8-hour ozone maintenance plan because MOVES2014 was the latest
EPA mobile source model available to the State at the time that it
developed the maintenance plan.
Table 1--On-Road Mobile Source Ozone Season NOX Emissions in Shelby
County
[Average tons/day]
------------------------------------------------------------------------
9.0 psi RVP 7.8 psi RVP
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2017 2020 2027 2012
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31.30 22.42 12.51 61.56
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Table 2--On-Road Mobile Source Ozone Season VOC Emissions in Shelby
County
[Average tons/day]
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9.0 psi RVP 7.8 psi RVP
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2017 2020 2027 2012
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11.22 8.75 5.81 19.01
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These mobile source emissions are used as part of the evaluation of
the potential impacts to the NAAQS that might result exclusively from
changing the high ozone season RVP requirement from 7.8 psi to 9.0 psi.
Therefore, emissions resulting from the change in RVP are not expected
to cause the area to be out of compliance with any NAAQS.
b. Noninterference Analysis for the Ozone NAAQS
As a previous 1-hour ozone nonattainment area, Shelby County has
been subject to the federal RVP requirements for high ozone season
gasoline. Although implemented for purposes of bringing areas into
attainment for the 1-hour ozone NAAQS, these federal RVP requirements
continued to apply in Shelby County because the State did not, until
now, request removal of the federal RVP requirements.
As described previously, Shelby County was redesignated to
attainment for the 1-hour ozone NAAQS, the 1997 8-hour ozone NAAQS, and
the 2008 8-hour ozone NAAQS. The Memphis Area is continuing to meet the
1-hour ozone NAAQS, the 1997 8-hour ozone NAAQS, and the 2008 8-hour
ozone NAAQS,\5\ based on recent air quality monitoring data.
Additionally, the current design value (DV) is below the most recently
promulgated 2015 ozone NAAQS in the Memphis Area. The 2008 ozone NAAQS
is met when the annual fourth-highest daily maximum 8-hour average
concentration, averaged over 3 years is 0.075 ppm or less. Similarly,
the 2015 ozone NAAQS, as published in a final rule on October 26, 2015
(80 FR 65292), is met when the annual fourth-highest daily maximum 8-
hour average concentration, averaged over 3 years is 0.070 ppm or less.
The trend in DVs for ozone for the Memphis Area is shown in Table 3,
with the current DV in the Area being 0.067 ppm in 2015, below the 2015
standard. EPA also evaluated the potential increase in the VOC and
NOX precursor emissions and whether it is reasonable to
conclude that the requested change to RVP requirements in Shelby County
during the high ozone season would cause the Memphis Area to violate
any ozone NAAQS.
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\5\ The air quality design value for the 8-hour ozone NAAQS is
the 3-year average of the annual 4th highest daily maximum 8-hour
ozone concentration. The level of the 2008 8-hour ozone NAAQS is
0.075 ppm. The 2008 8-hour ozone NAAQS is not met when the design
value is greater than 0.075 ppm.
Table 3--Memphis Area Ozone Design Value Trends
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Design value
Years (ppm)
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2005-2007............................................... 0.089
2006-2008............................................... 0.082
2007-2009............................................... 0.078
2008-2010............................................... 0.076
2009-2011............................................... 0.077
2010-2012............................................... 0.079
2011-2013............................................... 0.078
2012-2014............................................... 0.073
2013-2015............................................... 0.067
------------------------------------------------------------------------
Table 3 also shows that there is an overall downward trend in ozone
concentrations in the Memphis Area. This decline can be attributed to
federal and state programs that have led to significant emissions
reductions in ozone precursors, such as federal standards in on-road
and non-road mobile source sectors and resultant fleet turnover. See 81
FR 22948, (April 19, 2016). Given this downward trend, the downward
trend in precursor emissions, the current ozone concentrations in the
Memphis Area, and the results of Tennessee's emissions analysis, EPA is
proposing to determine that a change to 9.0 psi RVP fuel for Shelby
County would not interfere with the Memphis Area's ability to maintain
the 2008 8-hour ozone NAAQS.
[[Page 21970]]
c. Noninterference Analysis for the PM NAAQS
Over the course of several years, EPA has reviewed and revised the
PM2.5 NAAQS a number of times. On July 16, 1997, EPA
established an annual PM2.5 NAAQS of 15.0 micrograms per
cubic meter ([mu]g/m\3\), based on a 3-year average of annual mean
PM2.5 concentrations, and a 24-hour PM2.5 NAAQS
of 65 [mu]g/m\3\, based on a 3-year average of the 98th percentile of
24-hour concentrations. See 62 FR 36852 (July 18, 1997). On September
21, 2006, EPA retained the 1997 Annual PM2.5 NAAQS of 15.0
[mu]g/m\3\ but revised the 24-hour PM2.5 NAAQS to 35 [mu]g/
m\3\, based again on a 3-year average of the 98th percentile of 24-hour
concentrations. See 71 FR 61144 (October 17, 2006). On December 14,
2012, EPA retained the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/
m\3\ but revised the annual primary PM2.5 NAAQS to 12.0
[mu]g/m\3\, based again on a 3-year average of annual mean
PM2.5 concentrations. See 78 FR 3086 (January 15, 2013).
The main precursor pollutants for PM2.5 are
NOX, SO2, VOC, and ammonia. As mentioned above,
the federal RVP requirements only result in emissions benefits for VOC
and NOX. Therefore, Tennessee focused on these two
PM2.5 precursors in its analysis of the potential impact of
changing the RVP requirements for Shelby County on the PM2.5
NAAQS. Tennessee asserted in its 110(l) demonstration that relaxing the
RVP standard will have little impact on these precursor emissions in
relation to PM formation and is not expected to negatively impact
attainment or maintenance of the PM2.5 NAAQS. Moreover,
there have been a number of studies which have indicated that
SO2 is the primary driver of PM2.5 formation in
the Southeast.\6\
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\6\ See, e.g., Quantifying the sources of ozone, fine
particulate matter, and regional haze in the Southeastern United
States, Journal of Environmental Engineering (June 24, 2009),
available at: http://www.journals.elsevier.com/journal-ofenvironmental-management.
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Given the downward trend in precursor emissions (specifically for
NOX and VOC) noted above and given that, as previously
stated, RVP does not affect the most significant PM2.5
precursor (SO2), EPA is proposing to determine that a change
to 9.0 psi RVP fuel for the affected counties would not interfere with
the Area's ability to attain or maintain the PM2.5 NAAQS in
the Area.
d. Noninterference Analysis for the 2010 NO2 NAAQS
On February 17, 2012, EPA designated all counties in Tennessee as
unclassifiable/attainment for the 2010 NO2 NAAQS. See 77 FR
9532. Based on the technical analysis in Tennessee's April 12, 2017,
noninterference demonstration, as shown in Table 3, there is an overall
downward trend in ozone concentrations in the Memphis Area, and
NO2, as a component of NOX, is an ozone
precursor. This decline can be attributed to federal and state programs
that have led to significant emissions reductions in ozone precursors,
such as federal standards in on-road and non-road mobile source sectors
and resultant fleet turnover. See 81 FR 22948, (April 19, 2016). Given
this downward trend, the downward trend in precursor emissions, the
current ozone concentrations in the Memphis Area, and the results of
Tennessee's emissions analysis and the current unclassifiable/
attainment designation, EPA is proposing to determine that a change to
9.0 psi RVP fuel for Shelby County would not interfere with maintenance
of the 2010 NO2 NAAQS in the Area.
VI. Proposed Action
EPA is proposing to approve 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 is also proposing to
find that this 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 is proposing that Tennessee's April 12, 2017, SIP
noninterference demonstration associated with the State's request for
the removal of the federal RVP requirements, are consistent with the
applicable provisions of the CAA. Should EPA decide to remove Shelby
County from those areas subject to the 7.8 psi federal RVP
requirements, such action will occur in a separate, subsequent
rulemaking.
VII. 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
proposed 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 proposed 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.
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, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 21971]]
Dated: April 17, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-09491 Filed 5-10-17; 8:45 am]
BILLING CODE 6560-50-P