[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Proposed Rules]
[Pages 17597-17601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07399]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2016-0631; FRL 9961-45-OAR]
RIN 2060-AT32


Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility 
Standard for Davidson, Rutherford, Sumner, Williamson, and Wilson 
Counties, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request from the state of Tennessee for EPA to relax the 
federal Reid Vapor Pressure (RVP) standard applicable to gasoline 
introduced into commerce from June 1 to September 15 of each year for 
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties 
(hereinafter referred to as the Middle Tennessee Area or Area). 
Specifically, EPA is proposing to amend the

[[Page 17598]]

regulations to allow the RVP standard for the Middle Tennessee Area to 
rise from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. EPA 
has preliminarily determined that this change to the federal RVP 
regulation is consistent with the applicable provisions of the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before May 12, 2017 
unless a public hearing is requested by April 27, 2017. If the EPA 
receives such a request, we will publish information related to the 
timing and location of the hearing and a new deadline for public 
comment.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0631, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. If you need to include CBI as part of your comment, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets for 
instructions. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make.
    For additional submission methods, the full EPA public comment 
policy, and general guidance on making effective comments, please visit 
https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of 
Transportation and Air Quality, Environmental Protection Agency, 1200 
Pennsylvania Avenue, Washington, DC 20460; telephone number: (202) 343-
9256; fax number: (202) 343-2804; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    The contents of this preamble are listed in the following outline:

I. General Information
II. Public Participation
III. Background and Proposal
IV. Statutory and Executive Order Reviews
V. Legal Authority

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this proposed rule are fuel 
producers and distributors involved in the supplying of gasoline to the 
Middle Tennessee Area.

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                                                             NAICS \1\
       Examples of potentially  regulated entities             codes
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Petroleum refineries....................................          324110
Gasoline Marketers and Distributors.....................          424710
                                                                  424720
Gasoline Retail Stations................................          447110
Gasoline Transporters...................................          484220
                                                                  484230
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    The above table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this action. The table lists the types of entities of which EPA is 
aware that potentially could be affected by this proposed rule. Other 
types of entities not listed on the table could also be affected. To 
determine whether your organization could be affected by this proposed 
rule, you should carefully examine the regulations in 40 CFR 80.27. If 
you have questions regarding the applicability of this action to a 
particular entity, call the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this preamble.
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    \1\ North American Industry Classification System.
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B. What is the agency's authority for taking this action?

    The statutory authority for this action is granted to the EPA by 
Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 
7545(h) and 7601(a).

II. Public Participation

    EPA will not hold a public hearing on this matter unless a request 
is received by the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble by April 27, 2017. If the EPA receives 
such a request, we will publish information related to the timing and 
location of the hearing and a new deadline for public comment.

III. Background and Proposal

A. Summary of the Proposal

    EPA is proposing to approve a request from the State of Tennessee 
to change the summertime federal RVP standard for Davidson, Rutherford, 
Sumner, Williamson, and Wilson Counties from 7.8 psi to 9.0 psi by 
amending EPA's regulations at 40 CFR 80.27(a)(2). In a separate, 
concurrent rulemaking noted below, EPA has already proposed to approve 
a maintenance plan revision for the Middle Tennessee Area for the 1997 
ozone national ambient air quality standard (NAAQS) and a CAA section 
110(l) non-interference demonstration that relaxing the federal RVP 
requirement from 7.8 psi to 9.0 psi for gasoline sold from June 1 to 
September 15 of each year in the Middle Tennessee Area would not 
interfere with maintenance of any NAAQS in the Middle Tennessee Area, 
including the 2008 and 2015 ozone NAAQS, or with any other applicable 
CAA requirement. For more information on Tennessee's maintenance plan 
revision request for the Middle Tennessee Area, please refer to the 
notice of proposed rulemaking for that action (82 FR 11517 (February 
24, 2017)). EPA intends to take final action on this rule as proposed 
only upon the finalization of the maintenance plan revision and non-
interference demonstration rulemaking.
    The preamble for this rulemaking is organized as follows: Section 
III.B. provides the history of the federal gasoline volatility 
regulation. Section III.C. describes the policy regarding relaxation of 
gasoline volatility standards in ozone nonattainment areas that are 
redesignated as attainment areas as well as maintenance areas. Section 
III.D. provides information specific to Tennessee's request for the 
Middle Tennessee Area.

B. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), EPA determined that gasoline 
nationwide was becoming increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOC), are precursors to the formation of tropospheric ozone 
and contribute to the nation's ground-level ozone problem. Exposure to 
ground-level ozone can reduce lung function, thereby aggravating asthma 
and other respiratory conditions, increase susceptibility to 
respiratory infection, and may contribute to premature death in people 
with heart and lung disease.
    The most common measure of fuel volatility that is useful in 
evaluating gasoline evaporative emissions is RVP. Under CAA section 
211(c), the EPA promulgated regulations on March 22, 1989 (54 FR 11868) 
that set maximum limits for the RVP of gasoline sold during the 
regulatory control periods that were established on a state-by-state 
basis in the final rule. The regulatory control periods addressed the 
portion of the year when peak ozone concentrations were expected. These

[[Page 17599]]

regulations constituted Phase I of a two-phase nationwide program, 
which was designed to reduce the volatility of gasoline during the high 
ozone season. On June 11, 1990 (55 FR 23658), EPA promulgated more 
stringent volatility controls as Phase II of the volatility control 
program. These requirements established maximum RVP standards of 9.0 
psi or 7.8 psi (depending on the state, the month, and the area's 
initial ozone attainment designation with respect to the 1-hour ozone 
NAAQS).
    The 1990 CAA Amendments established a new section 211(h) to address 
fuel volatility. CAA section 211(h) requires EPA to promulgate 
regulations making it unlawful to sell, offer for sale, dispense, 
supply, offer for supply, transport, or introduce into commerce 
gasoline with an RVP level in excess of 9.0 psi during the high ozone 
season. CAA section 211(h) also prohibits the EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that the EPA may impose a lower (more stringent) standard in any 
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), the EPA modified the Phase II 
volatility regulations to be consistent with CAA section 211(h). The 
modified regulations prohibited the sale of gasoline with an RVP above 
9.0 psi in all areas designated attainment for ozone, effective January 
13, 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658), which included the 7.8 psi ozone season limitation for 
certain areas. As stated in the preamble to the Phase II volatility 
controls and reiterated in the proposed change to the volatility 
standards published in 1991, EPA will rely on states to initiate 
changes to their respective volatility programs. EPA's policy for 
approving such changes is described below in Section III.C.
    The State of Tennessee has initiated this change by requesting that 
EPA relax the 7.8 psi gasoline RVP standard to 9.0 psi for Davidson, 
Rutherford, Sumner, Williamson, and Wilson Counties, which are subject 
to the 7.8 gasoline RVP requirement during the summertime ozone season. 
Accordingly, the TDEC provided a technical demonstration showing that 
relaxing the federal gasoline RVP requirements in the five counties 
from 7.8 psi to 9.0 psi would not interfere with maintenance of any 
NAAQS in the Middle Tennessee Area, including the 2015 ozone NAAQS, or 
with any other applicable CAA requirement.

C. Relaxation of Gasoline Volatility Standards in Ozone Nonattainment 
Areas That Are Redesignated to Attainment Areas

    As stated in the preamble for EPA's amended Phase II volatility 
standards (56 FR 64706), any change in the gasoline volatility standard 
for a nonattainment area that was subsequently redesignated as an 
attainment area must be accomplished through a separate rulemaking that 
revises the applicable standard for that area. Thus, for former 1-hour 
ozone nonattainment areas where the EPA mandated a Phase II volatility 
standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the 
federal 7.8 psi gasoline RVP requirement remains in effect, even after 
such an area is redesignated to attainment, until a separate rulemaking 
is completed that relaxes the federal gasoline RVP standard in that 
area from 7.8 psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, EPA believes that 
relaxation of an applicable gasoline RVP standard is best accomplished 
in conjunction with the redesignation process. In order for an ozone 
nonattainment area to be redesignated as an attainment area, CAA 
section 107(d)(3) requires the state to make a showing, pursuant to CAA 
section 175A, that the area is capable of maintaining attainment for 
the ozone NAAQS for ten years. Depending on the area's circumstances, 
this maintenance plan will either demonstrate that the area is capable 
of maintaining attainment for ten years without the more stringent 
volatility standard or that the more stringent volatility standard may 
be necessary for the area to maintain its attainment with the ozone 
NAAQS. Therefore, in the context of a request for redesignation, EPA 
will not relax the gasoline volatility standard unless the state 
requests a relaxation and the maintenance plan demonstrates that the 
area will maintain attainment for ten years without the need for the 
more stringent volatility standard. Similarly, a maintenance plan may 
be revised to relax the gasoline volatility standard if the state 
requests a relaxation and the maintenance plan demonstrates that the 
area will maintain attainment for the duration of the maintenance plan.
    Tennessee is requesting relaxation of the federal gasoline RVP 
standard from 7.8 psi to 9.0 psi for the Middle Tennessee Area 
concurrent with its request that the EPA approve a maintenance plan 
revision for the Area for the 1997 ozone NAAQS.

D. Tennessee's Request To Relax the Federal Gasoline RVP Requirement 
for the Middle Tennessee Area

    On November 21, 2016, the State of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC or State), submitted a 
revised maintenance plan for the Middle Tennessee Area to EPA for 
approval, and this maintenance plan revision included a request to 
relax the federal gasoline RVP requirement. The Middle Tennessee Area 
is designated as attainment for the 1997 and 2008 ozone NAAQS. 
Tennessee did not request relaxation of the federal RVP standard from 
7.8 psi to 9.0 psi when TDEC originally submitted a CAA section 
110(a)(1) maintenance plan (for the 1997 ozone NAAQS) that was approved 
on January 28, 2011 (76 FR 5078). In addition to the State's November 
21, 2016 request to relax the federal gasoline RVP requirement, the 
State's request includes a CAA section 110(l) non-interference 
demonstration that removal of the federal RVP requirement of 7.8 psi 
for gasoline during the summertime ozone season in the Middle Tennessee 
Area would not interfere with maintenance of any NAAQS, or with any 
other applicable CAA requirement. Specifically, the State provided a 
technical demonstration showing that relaxing the federal gasoline RVP 
requirement in the Middle Tennessee Area from 7.8 psi to 9.0 psi for 
gasoline sold between June 1 and September 15 of each year would not 
interfere with maintenance of any NAAQS in the Area, including the 2015 
ozone NAAQS, or with any other applicable CAA requirement.
    On February 24, 2017, EPA proposed the approval of Tennessee's 
November 21, 2016 request for a maintenance plan revision for the 
Middle Tennessee Area. In that proposed rulemaking, EPA included an 
initial evaluation of Tennessee's non-interference demonstration for 
the Area.\2\
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    \2\ 82 FR 11517 (February 24, 2017).
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    The maintenance plan revision and non-interference demonstration 
rulemaking is subject to public notice and comment. EPA will evaluate 
any comments on the request for a maintenance plan revision and 
associated non-interference demonstration rulemaking, and any comments 
will be addressed in the final rule for that rulemaking. Further 
information on that rulemaking, including any comments received, can be 
found in the docket for that rulemaking (EPA-R04-OAR-2016-0615).

[[Page 17600]]

    In this action, the EPA is taking the second step in the process by 
proposing to approve Tennessee's request to relax the summertime ozone 
season gasoline RVP standard for the Middle Tennessee Area from 7.8 psi 
to 9.0 psi. Specifically, EPA is proposing to amend the applicable 
gasoline RVP standard to allow the gasoline RVP requirements to rise 
from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the Area. 
This proposal to approve Tennessee's request to relax the summertime 
ozone season gasoline RVP standard for the Middle Tennessee Area from 
7.8 psi to 9.0 psi is contingent on EPA's separate approval of 
Tennessee's November 21, 2016 request for a maintenance plan revision 
and non-interference demonstration. It is also based on the fact that 
the Middle Tennessee Area is currently in attainment for both the 2008 
ozone NAAQS and the 2015 ozone NAAQS.
    If EPA finalizes the approval of the revised maintenance plan for 
Middle Tennessee and the section 110(l) non-interference demonstration 
as separately proposed, EPA may issue its final action (based on this 
proposal) as soon as the date of publication of such final rule. EPA 
believes that a final rule that raises the RVP standard for gasoline 
from 7.8 psi to 9.0 psi would be a ``a substantive rule which . . . 
relieves a restriction'' within the meaning of 5 U.S.C. 553(d)(1). 
Accordingly, EPA may decide to make a final rule based on this proposal 
effective upon publication.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq., and therefore is not subject to these requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. The small entities subject to the 
requirements of this action are refiners, importers or blenders of 
gasoline that choose to produce or import low RVP gasoline for sale in 
Tennessee and gasoline distributers and retail stations in Tennessee. 
This action relaxes the federal RVP standard for gasoline sold in 
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties during 
the summertime ozone season (June 1 to September 15 of each year) to 
allow the RVP for gasoline sold in those counties to rise from 7.8 psi 
to 9.0 psi. This rule does not impose any requirements or create 
impacts on small entities beyond those, if any, already required by or 
resulting from the CAA section 211(h) Volatility Control program. 
Therefore, this action will have no net regulatory burden for all 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This proposed rule does not contain an unfunded mandate of $100 
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action 
implements mandates that are specifically and explicitly set forth in 
CAA section 211(h) without the exercise of any policy discretion by 
EPA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed 
rule affects only those refiners, importers or blenders of gasoline 
that choose to produce or import low RVP gasoline for sale in the 
Middle Tennessee Area and gasoline distributers and retail stations in 
the Area. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it approves a state program.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the applicable 
ozone NAAQS which establish the level of protection provided to human 
health or the environment. This rule will relax the applicable 
volatility standard of gasoline during the summer, possibly resulting 
in slightly higher mobile source emissions. However, the State of 
Tennessee has demonstrated in its non-interference demonstration that 
this action will not interfere with maintenance of the ozone NAAQS in 
the Middle Tennessee Area for the 1997 ozone NAAQS, or with any other 
applicable requirement of the CAA including the 2008 and 2015 ozone 
NAAQS. Therefore, disproportionately high and adverse human health or 
environmental effects on minority or low-income populations are not an 
anticipated result. The results of this evaluation are contained in 
EPA's proposed rule for Tennessee's maintenance plan revision. A copy 
of Tennessee's November 23, 2016 letter requesting that the EPA relax 
the gasoline RVP standard, including the technical analysis 
demonstrating that the less stringent gasoline RVP would

[[Page 17601]]

not interfere with continued maintenance of the 1997 ozone NAAQS in the 
Area Middle Tennessee Area, or with any other applicable CAA 
requirement, has been placed in the public docket for this action.

V. Legal Authority

    The statutory authority for this action is granted to the EPA by 
Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 
7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Fuel additives, Gasoline, Incorporation by 
reference, Motor vehicle and motor vehicle engines, Motor vehicle 
pollution, Penalties, Reporting and recordkeeping requirements.

    Dated: April 4, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-07399 Filed 4-11-17; 8:45 am]
 BILLING CODE 6560-50-P