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
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]
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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.
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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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
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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
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Applicable geographic
Name of non-regulatory SIP or nonattainment State EPA approval date Explanation
provision area effective date
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* * * * * * *
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.
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[FR Doc. 2017-14202 Filed 7-6-17; 8:45 am]
BILLING CODE 6560-50-P