[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 [email protected].

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]
------------------------------------------------------------------------
                      9.0 psi RVP                          7.8 psi RVP
------------------------------------------------------------------------
       2017               2020              2027              2012
------------------------------------------------------------------------
      11.22               8.75               5.81             19.01
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                           Design value
                          Years                                (ppm)
------------------------------------------------------------------------
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