Relaxation of the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for the Atlanta RVP Area |
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Andrew R. Wheeler
Environmental Protection Agency
14 May 2019
[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Proposed Rules]
[Pages 21305-21309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09929]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2018-0836; FRL-9993-60-OAR]
RIN 2060-AU43
Relaxation of the Federal Reid Vapor Pressure (RVP) Gasoline
Volatility Standard for the Atlanta RVP Area
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 Georgia 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 the following Georgia
counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale (the ``Atlanta
RVP Area''). Specifically, EPA is proposing to amend the regulations to
allow the RVP standard for the Atlanta RVP Area to change 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 June 13, 2019
unless a public hearing is requested by May 29, 2019. If 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-2018-0836, 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 Once submitted, comments cannot be edited or withdrawn.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 disclosure of which 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. You may also contact Rudolph Kapichak, Office
of Transportation and Air Quality, Environmental Protection Agency,
2000 Traverwood Drive, Ann Arbor, Michigan, 48105; telephone number:
(734) 214-4574; fax number: (734) 214-4052; email address:
kapichak.rudolph@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
Shelby County.
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Examples of potentially regulated
entities NAICS \1\ 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
[[Page 21306]]
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 EPA by
sections 211(h) and 301(a) of the CAA, 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 May 29, 2019. If 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 Georgia to change the
summertime federal RVP standard for the Atlanta RVP Area from 7.8 psi
to 9.0 psi by amending EPA's regulations at 40 CFR 80.27(a)(2). In a
separate rulemaking, EPA has approved both a revised maintenance plan
and CAA section 110(l) non-interference demonstration, which conclude
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 Atlanta
RVP Area would not interfere with the maintenance of the ozone national
ambient air quality standards (NAAQS) and the maintenance of the other
NAAQS, or with any other applicable CAA requirement. (See 84 FR 16786,
April 23, 2019.)
On July 18, 2016, Georgia submitted a redesignation request and
maintenance plan for the 15-county 2008 ozone NAAQS, which EPA approved
on June 2, 2017 (82 FR 25523).\2\ The maintenance plan included
estimated emissions through 2030 and modeled 7.8 psi for the RVP
requirements in the Atlanta RVP Area. Georgia did not, at that time,
request the relaxation of the federal RVP requirements for the Atlanta
RVP Area. Since then, EPA has also designated a portion of the Atlanta
RVP Area as a nonattainment area for the 2015 ozone NAAQS.\3\ More
recently, Georgia requested a relaxation of the federal RVP
requirements. This has necessitated a 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 Atlanta RVP Area would not
interfere with maintenance of any NAAQS, including the 2008 and 2015
ozone NAAQS, or any other applicable CAA requirement, under CAA section
110(l). Therefore, by a subsequent rulemaking, EPA approved Georgia's
non-interference demonstration and its related revised maintenance plan
for the 15-county 2008 ozone NAAQS maintenance area. The subsequent
rulemaking also approved Georgia's non-interference demonstration for
the 7-county 2015 ozone NAAQS nonattainment area.\4\
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\2\ The 15-county 2008 ozone NAAQS maintenance area includes the
following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton,
Paulding, and Rockdale. The 13-county Atlanta RVP Area covered by
the federal RVP requirement includes the same counties with the
exception of Bartow and Newton Counties.
\3\ EPA designated seven counties in the Atlanta RVP Area as
nonattainment for the 2015 ozone NAAQS, the seven counties are:
Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett and Henry. (See 83
FR 25776, June 4, 2018.)
\4\ EPA approved Georgia's non-interference demonstration and
revised maintenance plan on April 23, 2019 (84 FR 16786).
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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. Section III.D. provides information
specific to Georgia's request for the Atlanta RVP 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 (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
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), 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 that 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), 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 NAAQS attainment designation with respect to the 1-hour
ozone NAAQS).
The 1990 CAA Amendments established new CAA 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 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 NAAQS nonattainment area redesignated to attainment.
On December 12, 1991 (56 FR 64704), 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.
C. Relaxation of Gasoline Volatility Standards
EPA stated in the amended Phase II volatility standards (56 FR
64706), that 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, the federal 7.8 psi
gasoline RVP requirement remains in effect, even
[[Page 21307]]
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
NAAQS 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.
In the context of this rulemaking, EPA must consider the
applicability of its longstanding policy and practice of approving RVP
relaxations in areas that are either designated attainment or have been
redesignated to attainment for all relevant ozone NAAQS. As previously
explained, given that a portion of the Atlanta RVP Area is a designated
nonattainment area for the 2015 ozone NAAQS,\5\ EPA has also considered
agency practices and policy for the approval of requests from states to
opt out of reformulated gasoline (RFG) and removal of state fuel
regulations from approved SIPs. With regard to state requests to opt
out of RFG, EPA's RFG opt-out regulations allow for the approval of a
state's request regardless of whether the area is either designated
nonattainment or has been redesignated to attainment for the relevant
ozone NAAQS (40 CFR 80.72). Further, EPA has approved the removal of
state fuel regulations from an approved SIP where subject areas were
designated nonattainment for an ozone NAAQS at the time of the
action.\6\ EPA has extended these various practices and policy to
Georgia's RVP relaxation request given that a portion of the Atlanta
RVP Area is also designated as nonattainment area for the 2015 ozone
NAAQS.\7\ Given past actions with respect to ozone NAAQS nonattainment
areas, EPA is proposing to approve relaxations of the federal 7.8 psi
RVP standard in areas that are designated as nonattainment.
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\5\ EPA designated seven counties in the Atlanta RVP Area as
nonattainment for the 2015 ozone NAAQS, the seven counties are:
Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett and Henry. (See 83
FR 25776, June 4, 2018.)
\6\ For example, on December 20, 2018 (83 FR 65301), EPA
approved the removal of Pennsylvania's regulation requiring the sale
of gasoline with an RVP of 7.8 psi from June 1st to September 15th
of each year in the Pittsburgh area, which is designated as a
Marginal nonattainment area for the 2008 ozone NAAQS.
\7\ EPA designated seven counties in the Atlanta area as
nonattainment for the 2015 ozone NAAQS, the seven counties are:
Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett and Henry. (See 83
FR 25776, June 4, 2018.)
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The primary requirement in approving RFG opt-out requests and SIP
revisions to remove approved fuel regulations is that the subject state
must demonstrate that the relevant area will be able to attain the
ozone NAAQS by the required attainment date without relying on
emissions reductions from RFG or the state fuel regulation. This has
been accomplished by the state submitting and EPA approving a SIP
revision that includes an appropriate CAA section 110(l) non-
interference demonstration. In most cases, this has necessitated that
the state SIP revision includes additional controls on emissions that
will offset any increased emissions. The CAA section 110(l) requirement
also applies to the relaxation of the federal 7.8 psi RVP limit.
Therefore, where EPA approves a CAA section 110(l) non-interference
demonstration associated with an RVP relaxation for an ozone NAAQS
nonattainment area, EPA may approve a relaxation of the gasoline RVP
limit from 7.8 psi to 9.0 psi consistent with EPA's precedent to date.
D. Georgia's Request To Relax the Federal Gasoline RVP Requirement for
the Atlanta RVP Area
On August 15, 2018, the Georgia Department of Natural Resources,
Environmental Protection Division (Georgia or State), submitted a
request to relax the federal gasoline RVP requirement in the Atlanta
RVP Area. The State also submitted a CAA section 110(l) non-
interference demonstration and revised maintenance plan for approval by
EPA. The non-interference demonstration shows that the relaxation would
not interfere with maintenance of the 2008 ozone NAAQS for the 15-
county 2008 ozone NAAQS maintenance area or any other applicable CAA
requirement, including the 2015 ozone NAAQS. As previously explained,
Georgia did not request relaxation of the federal RVP standard from 7.8
psi to 9.0 psi when the State originally submitted the CAA section 175A
maintenance plan for the 2008 ozone NAAQS that was approved on June 2,
2017 (82 FR 25523). Georgia's CAA section 110(l) non-interference
demonstration for the 2015 ozone NAAQS demonstrated that timely
attainment for the 2015 ozone NAAQS would not be delayed if the federal
RVP standard was relaxed. This was accomplished by including additional
controls that serve to reduce emissions to make up the emission
reductions that are removed through the relaxation of the federal RVP
limit from 7.8 psi to 9.0 psi.
On April 23, 2019, EPA approved Georgia's August 15, 2018 request
for a revised maintenance plan approval and its CAA section 110(l) non-
interference demonstration. In that rulemaking, EPA included an
evaluation of Georgia's CAA section 110(l) non-interference
demonstration for the 15-county 2008 ozone NAAQS maintenance area and
the 7-county 2015 ozone NAAQS nonattainment area (including the
additional control measures incorporated into the SIP to ensure timely
attainment of the 2015 ozone NAAQS).\8\ EPA received one comment on
this rulemaking that supported EPA's approval of Georgia's request but
conditioned the support based on EPA establishing a compliance date for
the relaxation that would not disrupt the marketplace or negatively
impact retailers and marketers. EPA noted that this comment was outside
the scope of that rulemaking, which was related to the approval of a
revised maintenance plan and CAA section 110(l) demonstration. The
compliance date of a relaxation of the RVP limit would be established
through this rulemaking, which, if finalized, will revise the RVP limit
for the Atlanta area from 7.8 psi to 9.0 psi.
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\8\ For further details, see 84 FR 16786 (April 23, 2019).
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In today's action, EPA is proposing to approve Georgia's request to
relax the summertime ozone season federal RVP gasoline standard for the
Atlanta RVP Area from 7.8 psi to 9.0 psi. Specifically, EPA is
proposing to amend the applicable standard to allow the gasoline RVP
requirements at 40 CFR
[[Page 21308]]
80.27(a)(2) for the counties in the Atlanta RVP Area to change from 7.8
psi to 9.0 psi. Today's proposal is based on Georgia's August 15, 2018
submission of a CAA section 110(l) non-interference demonstration and
maintenance plan revision, and EPA's April 23, 2019 approval of
Georgia's submission.
EPA believes that a final rule that raises the RVP standard for
gasoline from 7.8 psi to 9.0 psi would be ``a substantive rule which .
. . relieves a restriction'' within the meaning of 5 U.S.C. 553(d)(1).
Accordingly, EPA may decide to make the publication date of a final
rule based on this proposal serve as the compliance date of the final
rule.
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'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and
therefore was not submitted to the Office of Management and Budget
(OMB) for review.
B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
This action is considered an Executive Order 13771 deregulatory
action. This proposed rule, if finalized, would provide meaningful
burden reduction because it would relax the federal RVP standard for
gasoline, and as a result, fuel suppliers would no longer be required
to provide the lower RVP gasoline in the Atlanta RVP Area during the
summer months. Relaxing the volatility requirements would also be
beneficial because this action, if finalized, could improve the
fungibility of gasoline sold in Georgia by allowing the gasoline sold
in the Atlanta RVP Area to be identical to the fuel sold in the
remainder of the State.
C. 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.
D. 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
Georgia, and gasoline distributers and retail stations in Georgia. This
action, if finalized, would relax the federal RVP standard for gasoline
sold in the Atlanta RVP Area during the summertime ozone season (June 1
to September 15 of each year) to allow the RVP for gasoline sold in
this area 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, if finalized, would
have no net regulatory burden for all directly regulated small
entities.
E. 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 would
implement mandates that are specifically and explicitly set forth in
CAA section 211(h) without the exercise of any policy discretion by
EPA.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It would 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.
G. 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 would affect only those refiners, importers or blenders of
gasoline that choose to produce or import low RVP gasoline for sale in
the Atlanta RVP Area and gasoline distributers and retail stations in
the Area. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. EPA has no reason to believe that this action may
disproportionately affect children since Georgia has provided evidence
that a relaxation of the gasoline RVP will not interfere with its
attainment of the ozone NAAQS or any other applicable CAA requirement.
By separate action, EPA has approved Georgia's non-interference
demonstration regarding its maintenance plan for the 2008 ozone NAAQS
for the 15-county 2008 ozone NAAQS maintenance area, and that Georgia's
relaxation of the gasoline RVP standard in the Atlanta RVP Area to 9.0
RVP will not interfere with any other NAAQS (including attainment of
the 2015 ozone NAAQS) or CAA requirement.
I. 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.
J. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes the human health or environmental risk addressed by
this action would 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 (i.e., the 2008 and 2015 ozone NAAQS), which establish the
level of protection provided to human health or the environment.
Georgia has demonstrated in its non-interference demonstration that
this action will not interfere with maintenance of the 2008 ozone NAAQS
for the 15-county 2008 ozone NAAQS maintenance area, or with any other
applicable requirement of the CAA, including timely attainment of the
2015 ozone NAAQS. Therefore,
[[Page 21309]]
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
and final rules for Georgia's non-interference demonstration. A copy of
Georgia's August 15, 2018 letter requesting that EPA relax the gasoline
RVP standard, including the technical analysis demonstrating that the
less stringent gasoline RVP would not interfere with continued
maintenance of the 2008 ozone NAAQS or with any other applicable CAA
requirement, including timely attainment of the 2015 ozone NAAQS, has
been placed in the public docket for this action.
V. Legal Authority
The statutory authority for this action is granted to 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, Motor vehicle and
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting
and recordkeeping requirements.
Dated: May 7, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019-09929 Filed 5-13-19; 8:45 am]
BILLING CODE 6560-50-P