Relaxation of the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for Shelby County (Memphis), Tennessee |
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E. Scott Pruitt
Environmental Protection Agency
17 August 2017
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39098-39101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17420]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2017-0146; FRL-9966-61-OAR]
Relaxation of the Federal Reid Vapor Pressure (RVP) Gasoline
Volatility Standard for Shelby County (Memphis), 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 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 Shelby County,
Tennessee (Memphis or Area). Specifically, EPA is proposing to amend
the regulations to allow the RVP standard for Shelby County 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 September 18,
2017 unless a public hearing is requested by September 1, 2017. 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-2017-0146, 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 Once submitted, comments cannot be edited or withdrawn.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, TN.
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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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\1\ North American Industry Classification System.
The above table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be
[[Page 39099]]
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.
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 September 1, 2017. 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 Tennessee to change the
summertime Federal RVP standard for Shelby County from 7.8 psi to 9.0
psi by amending EPA's regulations at 40 CFR 80.27(a)(2). In a separate
rulemaking, noted below, EPA has already approved a CAA section 110(l)
non-interference demonstration which concludes 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 Shelby County 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. When Tennessee previously
requested that Shelby County be redesignated to attainment for the 2008
ozone standard, Tennessee took a conservative approach for the
maintenance plan demonstration by modeling 9.0 psi for the RVP
requirements as opposed to 7.8 psi. Tennessee did not, at that time,
request the relaxation of the Federal RVP requirements for Shelby
County. More recently, Tennessee 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 Shelby County 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 Tennessee's
non-interference demonstration for its already approved maintenance
plan for the 2008 ozone NAAQS.\2\
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\2\ EPA approved the redesignation request and maintenance plan
for the portion of Tennessee that is within the Memphis, Tennessee-
Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 ozone nonattainment
area on June 23, 2016 (81 FR 40816). EPA approved Tennessee's non-
interference demonstration on July 7, 2017 (82 FR 31462).
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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 in ozone nonattainment areas that are
redesignated as attainment areas. Section III.D. provides information
specific to Tennessee's request for Shelby County.
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), 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 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 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 in Ozone Nonattainment
Areas That Are Redesignated to Attainment
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 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
[[Page 39100]]
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.
D. Tennessee's Request To Relax the Federal Gasoline RVP Requirement
for Shelby County
On April 12, 2017, Tennessee, through the Tennessee Department of
Environment and Conservation (TDEC or State), submitted a request to
relax the Federal gasoline RVP requirement in Shelby County. The State
also submitted a CAA section 110(l) non-interference demonstration for
approval by EPA. The non-interference demonstration shows that the
relaxation would not interfere with maintenance of the 2008 ozone NAAQS
or any other applicable CAA requirement including the 2015 ozone NAAQS.
Tennessee did not request relaxation of the Federal RVP standard from
7.8 psi to 9.0 psi when TDEC originally submitted the CAA section 175A
maintenance plan for the 2008 ozone NAAQS that was approved on June 23,
2016 (81 FR 40816).
On July 7, 2017, EPA approved Tennessee's April 12, 2017 request
for approval of the CAA section 110(l) non-interference demonstration.
In that rulemaking, EPA included an evaluation of Tennessee's CAA
section 110(l) non-interference demonstration for Shelby County.\3\
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\3\ 82 FR 31462 (July 7, 2017).
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In this action, EPA is proposing to approve Tennessee's request to
relax the summertime ozone season gasoline RVP standard for Shelby
County 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 at 40 CFR 80.27(a)(2) for Shelby County to change from 7.8
psi to 9.0 psi. This proposal is based on EPA's separate approval of
Tennessee's April 12, 2017 request for a non-interference demonstration
approval and EPA's June 23, 2016 approval of the redesignation request
and maintenance plan for the 2008 ozone NAAQS as described above.
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 Regulations and Controlling
Regulatory Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
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
Tennessee, and gasoline distributers and retail stations in Tennessee.
This action, if finalized, would relax the Federal RVP standard for
gasoline sold in Shelby County, Tennessee during the summertime ozone
season (June 1 to September 15 of each year) to allow the RVP for
gasoline sold in this county 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 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
Shelby County 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
[[Page 39101]]
Executive Order. EPA has no reason to believe that this action may
disproportionately affect children since Tennessee has provided
evidence that a relaxation of the gasoline RVP will not interfere with
its attainment of the ozone NAAQS for Shelby County, or any other
applicable CAA requirement. By separate action, EPA has approved
Tennessee's non-interference demonstration regarding its maintenance
plan for the 2008 ozone NAAQS, and that Tennessee's relaxation of the
gasoline RVP standard in Shelby County to 9.0 RVP will not interfere
with any other 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 which establish the level of protection provided to human
health or the environment. This rule would relax the applicable
volatility standard of gasoline during the summer, possibly resulting
in slightly higher mobile source emissions. However, Tennessee has
demonstrated in its non-interference demonstration that this action
will not interfere with maintenance of the ozone NAAQS in Shelby County
for the 2008 ozone NAAQS, or with any other applicable requirement of
the CAA. 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 and final rules for Tennessee's non-interference
demonstration. A copy of Tennessee's April 12, 2017 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 in Shelby
County, 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 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: August 11, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-17420 Filed 8-16-17; 8:45 am]
BILLING CODE 6560-50-P