[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Proposed Rules]
[Pages 37184-37188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16691]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2016-0683; FRL 9965-88-OAR]
RIN 2060-AT61


Relaxation of the Federal Reid Vapor Pressure (RVP) Gasoline 
Volatility Standard for Several Parishes in Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve an April 10, 2017 request from the Louisiana Department of 
Environmental Quality (LDEQ) to relax the Federal Reid Vapor Pressure 
(RVP) volatility standard applicable to gasoline introduced into 
commerce from June 1 to September 15 of each year for the following 
parishes: Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, 
Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. 
Mary. For this action, EPA is proposing to amend the regulations to 
allow the RVP volatility standard for the 11 named parishes to increase 
from 7.8 pounds-per-square-inch (psi) to 9.0 psi for gasoline sold 
within those parishes. EPA has preliminarily determined that this 
change to the Federal gasoline RVP volatility regulation is consistent 
with the applicable provisions of the Clean Air Act (CAA). LDEQ has 
also requested that EPA relax summertime gasoline volatility 
requirements for the 5-parish Baton Rouge area, and EPA will address 
that request in a separate rulemaking at a later date.

DATES: Written comments must be received on or before September 8, 2017 
unless a public hearing is requested by August 24, 2017. If EPA 
receives such a request, we will publish information related to the 
timing and location of the hearing and announce a new deadline for 
public comment.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0683, 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 Once submitted, comments cannot be edited or withdrawn.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 by 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 consult the instructions available at http://www.epa.gov/dockets/comments.html. 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 see 
the information available at http://www.epa.gov/dockets/comments.html.

FOR FURTHER INFORMATION CONTACT: Dave Sosnowski, Office of 
Transportation and Air Quality, Environmental Protection Agency, 2000 
Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: (734) 
214-4823; fax number: (734) 214-4052; email address: 
[email protected]. You may also contact Rudolph Kapichak at the 
same address; telephone number: (734) 214-4574; fax number: (734) 214-
4052; 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. Proposal
V. Statutory and Executive Order Reviews
VI. Legal Authority

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this proposed rule are fuel 
producers and distributors who do business in Louisiana.

------------------------------------------------------------------------
                                                             NAICS \1\
       Examples of potentially regulated entities              Codes
------------------------------------------------------------------------
Petroleum refineries....................................          324110
Gasoline Marketers and Distributors.....................          424710
                                                                  424720
Gasoline Retail Stations................................          447110
Gasoline Transporters...................................          484220
                                                                  484230
------------------------------------------------------------------------
\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 affected 
by this action. The table lists the types of entities of which EPA is 
aware that 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 may 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 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 August 24, 2017. If EPA receives 
such a request, we will publish information related to the timing and 
location of the hearing and announce 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 Louisiana 
to change the summertime gasoline RVP volatility standard for the 
parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, 
Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. 
Mary from 7.8 psi to 9.0 psi by amending EPA's regulations at 40 CFR 
80.27(a)(2). EPA is deferring action on

[[Page 37185]]

the State's relaxation request for the Baton Rouge area (i.e., the 
parishes of Ascension, East Baton Rouge, Iberville, Livingston, and 
West Baton Rouge) pending a revision of Louisiana's SIP to address the 
requisite CAA section 110(l) non-interference demonstration that using 
the higher RVP fuel will not negatively impact air quality in the area 
or interfere with the area's ability to meet any applicable CAA 
requirements.
    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 Louisiana's request for the 11 parishes, and EPA's 
rationale for proposing approval without a CAA section 110(l) 
noninterference demonstration from the State.

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, which is measured in 
pounds-per-square-inch or psi. 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 the 
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 a 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 
requests to change volatility requirements applicable to them. EPA's 
policy for approving such changes is described below in Section III.C.
    Because these 11 parishes are no longer within the timeframe 
covered by any approved maintenance plan for ozone the State does not 
need to submit and EPA does not need to approve either a revision to an 
approved maintenance plan or a non-interference demonstration under CAA 
section 110(l). CAA section 110(l) states that the ``Administrator 
shall not approve a revision of a plan, if the revision would interfere 
with any applicable requirement concerning attainment and reasonable 
further progress (as defined in section 7501 of this title), or any 
other applicable requirement of this chapter'' [emphasis added]. CAA 
section 110(l) applies when the Administrator approves a revision to a 
plan. In the case of the 11 parishes and the request to relax the 
federal summertime gasoline volatility limit, there is no plan to 
revise and the action, if finalized, would result in a change to the 
Federal gasoline volatility regulation as opposed to a change to any 
approved state plan. EPA's reasons for proposing to approve the State's 
request are discussed in Section III.D.

C. EPA's Policy Regarding Relaxation of Federal Gasoline Volatility 
Standards

    As stated in the preamble for EPA's amended Phase II volatility 
standards (See 56 FR 64706, December 12, 1991), 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 summertime 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 summertime gasoline RVP volatility 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 summertime gasoline 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 summertime volatility 
standard.
    Some former 1-hour ozone nonattainment areas that remain subject to 
the federal summertime RVP limit of 7.8 psi have been designated as 
attainment areas for both the 1997 and 2008 ozone NAAQS and based on 
the latest available air quality data are also attaining the more 
stringent 2015 ozone NAAQS.

[[Page 37186]]

    As required by the Phase 1 implementation rule for the 1997 ozone 
NAAQS, states submitted, and EPA approved, CAA section 110(a)(1) 
maintenance plans for these areas. These CAA section 110(a)(1) 
maintenance plans were required to provide for maintenance of the 1997 
ozone NAAQS for a period of 10 years after areas were designated for 
that NAAQS in 2004. (See 69 FR 23951, April 30, 2004.) Such areas were 
not required by the implementation rule for the 2008 ozone NAAQS to 
submit a maintenance plan for that NAAQS. (See 80 FR 12264, March 6, 
2015.) These areas are not currently within the timeframe addressed by 
any maintenance plans for any ozone NAAQS.
    EPA has concluded that there is neither an implementation plan 
revision nor a CAA section 110(l) demonstration required in order for 
EPA to approve a state's request to relax the federal summertime 
gasoline RVP limit under the circumstances described above for such 
areas including the 11 parishes that are the subject of this proposal. 
In order for EPA to approve a request to relax the federal RVP limit 
for such areas, the Governor or his/her designee must request that the 
Administrator revise the federal gasoline RVP regulations to remove the 
subject areas from the list of required areas in 40 CFR 80.27(a)(2). 
The state may provide any relevant supporting information such as 
recent air quality data, designation status for ozone and information 
on previously approved ozone maintenance plans. The Administrator's 
decision on whether to grant a state's request to revise the federal 
gasoline RVP regulations in such cases would be documented through 
notice and comment rulemaking.

D. Louisiana's Request To Relax the Federal Summertime Gasoline RVP 
Volatility Requirement for Several Parishes in the State

    On April 10, 2017, LDEQ requested that EPA relax the current 
summertime gasoline RVP volatility standard of 7.8 psi to 9.0 psi for 
16 Louisiana parishes, the 5 parishes of the Baton Rouge area, and 11 
other parishes: Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, 
Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. 
Mary. These other 11 parishes attained the 1-hour ozone NAAQS and were 
redesignated to attainment with approved CAA section 175A maintenance 
plans. They were then designated as attainment for the 1997 ozone 
NAAQS. As such, the State was required by EPA's Phase 1 rule, which 
implemented the 1997 ozone NAAQS, to submit CAA section 110(a)(1) 
maintenance plans for these parishes that addressed the 10-year period 
from 2004 to 2014.\2\ (See 69 FR 23951, April 30, 2004.) For more 
information on Louisiana's section 110(a)(1) maintenance plans for the 
1997 ozone NAAQS, please refer to the following Federal Register 
notices approving the maintenance plans for the parishes listed 
parenthetically after the citation: 72 FR 62579 (Beauregard and St. 
Mary Parishes); 73 FR 15411 (Lafayette and Lafourche Parishes); 78 FR 
57058 (Pointe Coupee Parish); 73 FR 53403 (New Orleans Parish); and 73 
FR 59518 (Calcasieu and St. James Parishes). Louisiana was not required 
to submit second 10-year CAA section 175A maintenance plans for the 1-
hour ozone NAAQS for these parishes. In 2012, all 11 parishes were 
designated as attainment for the 2008 ozone NAAQS. Because they were 
designated as attainment for both the 2008 and 1997 ozone NAAQS, they 
were not required to submit a CAA section 110(a)(1) maintenance plan 
for the 2008 ozone NAAQS. Therefore, these parishes are no longer 
within the timeframe that was addressed by any approved maintenance 
plan for any ozone NAAQS. The 11 parishes that are the subject of 
today's proposal are all attaining the more stringent 2015 ozone NAAQS, 
and the State did not recommend that any of these 11 parishes be 
designated as nonattainment for the 2015 ozone NAAQS.\3\
---------------------------------------------------------------------------

    \2\ The Phase 1 implementation rule for the 1997 ozone NAAQS did 
not require the submission of a second 10-year maintenance plan for 
the 1997 ozone NAAQS.
    \3\ On September 29, 2015 Louisiana submitted a letter to EPA 
recommending designations for the 2015 ozone NAAQS. The State 
recommended that all of the 11 parishes addressed in this proposed 
action be designated as unclassifiable/attainment. The letter is 
available at: https://www.epa.gov/ozone-designations/ozone-designations-2015-standards-louisiana-state-recommendations.
---------------------------------------------------------------------------

    The current ozone design values for the parishes in question, based 
upon 2013-2015 air quality data are well below the 2015 ozone NAAQS of 
70 parts-per-billion (ppb) as shown in Table 1 below.
---------------------------------------------------------------------------

    \4\ Beauregard and St. Mary Parishes were allowed to discontinue 
their ozone monitors in 2006. Beauregard Parish sits just north of 
Calcasieu Parish and Calcasieu Parish is meeting the 2015 ozone 
NAAQS with a 2013-2015 ozone design value of 68 ppb. St. Mary Parish 
sits between Lafayette and Lafourche Parishes, which both are 
currently meeting the 2015 ozone NAAQS. Lafayette has a 2013-2015 
ozone design value of 67 ppb and Lafourche Parish has a 2013-2015 
ozone design value of 65 ppb. Orleans and St. Charles Parishes were 
allowed to discontinue their ozone monitors at the end of 2014. 
Thus, the design values in the table for these two parishes are 
based on data from 2012-2014. Orleans and St. Charles Parishes are 
in the New Orleans metropolitan area. Jefferson and St. Bernard 
Parishes are also in the New Orleans area. Both of these parishes 
are meeting the 2015 ozone NAAQS with design values of 68 ppb and 65 
ppb, respectively.

                     Table 1--Ozone Design Values 4
------------------------------------------------------------------------
                                                             2013-2015
                         Parish                            Ozone design
                                                            value (ppb)
------------------------------------------------------------------------
Beauregard..............................................             N/A
Calcasieu...............................................              68
Jefferson...............................................              68
Lafayette...............................................              67
Lafourche...............................................              65
Orleans.................................................              67
Pointe Coupee...........................................              68
St. Bernard.............................................              65
St. Charles.............................................              65
St. James...............................................              65
St. Mary................................................             N/A
------------------------------------------------------------------------

    As previously explained, because these 11 parishes are no longer 
within the timeframe addressed by any ozone maintenance plan and are 
not subject to any additional ozone planning requirement under the Act, 
the proposed change from the more stringent federal RVP gasoline 
volatility requirement of 7.8 psi to the less stringent 9.0 psi 
gasoline RVP requirement in these areas does not trigger a requirement 
that the State provide a non-interference demonstration under CAA 
section 110(l) for these parishes, as would otherwise be required if 
the areas in question were still within the time period addressed by a 
CAA section 175A or CAA section 110(a) maintenance plan or were 
currently designated as nonattainment for any ozone NAAQS. Moreover, 
the projections for VOC emissions (i.e., the ozone precursor controlled 
through RVP limitations) from the previously approved CAA section 
110(a)(1) maintenance plans for the 1997 ozone NAAQS for the areas 
covered by the State's request show relatively flat or downward trends 
through 2014, as illustrated in Table 2 below.

[[Page 37187]]



                               Table 2--Maintenance Plan VOC Emission Projections
----------------------------------------------------------------------------------------------------------------
                             Parish                               2002 (tpd) \5\    2014 (tpd)     Change (tpd)
----------------------------------------------------------------------------------------------------------------
Beauregard......................................................           13.91           14.02            0.11
Calcasieu.......................................................           49.59           48.93           -0.66
Lafayette.......................................................           27.23           19.75           -7.48
Lafourche.......................................................            24.2           17.95           -6.25
New Orleans.....................................................          161.83          129.71          -32.12
Pointe Coupee...................................................            8.63            7.66           -0.97
St. James.......................................................            7.81            8.28            0.47
St. Mary........................................................           18.74           15.01           -3.73
----------------------------------------------------------------------------------------------------------------

    There are several reasons why these trends are expected to continue 
regardless of EPA's proposed approval of the State's request to relax 
federal summertime gasoline RVP volatility requirements in these 11 
parishes. For example, the maintenance plan projections listed in Table 
2 do not include the emissions impacts from several national rules that 
will reduce actual VOC and/or oxides of nitrogen (NOX) 
emissions from point sources, area sources, as well as on-road and 
nonroad mobile sources. The national rules that result in VOC and/or 
NOX emission reductions not included in the above projection 
include: EPA's national rules for VOC emission standards for Consumer 
and Commercial Products (71 FR 58745, 72 FR 57215, 73 FR 40230, 73 FR 
58481); Locomotive and Marine Compression-Ignition Engines rule (73 FR 
16435); Control of Hazardous Air Pollutants from Mobile Sources (72 FR 
8428); Control of Emissions from Non-road Spark-Ignition Engines and 
Equipment (73 FR 59034); Control of Air Pollution From Aircraft and 
Aircraft Engines; Emission Standards and Test Procedures (77 FR 36342); 
and Control of Emissions from New Marine Compression-Ignition Engines 
at or Above 30 Liters per Cylinder (75 FR 22896). Each of these rules 
was adopted either at the time that Louisiana submitted the CAA section 
110(a) maintenance plans for the 11 parishes or after those plans were 
submitted to EPA for approval. These rules all result in reductions of 
VOCs and/or NOX that will ensure the downward trends seen in 
the maintenance plans for the covered areas continue into the future 
and that the parishes continue to maintain all of the ozone NAAQS 
including the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \5\ tpd = tons per day.
---------------------------------------------------------------------------

    VOC and NOX emissions from on-road mobile sources are 
also projected to decrease as the in-use fleet turns over to newer, 
cleaner vehicles. In this vein, it is worth noting that the 
implementation of EPA's Tier 3 Vehicle and Fuel Standards should also 
help to continue the downward trend in ozone precursors well into the 
future. (See 79 FR 23414, April 28, 2014.) The Tier 3 motor vehicle 
emissions standards and gasoline standards went into effect on January 
1, 2017. The rule is designed to produce an immediate decrease in 
emissions of VOCs and NOX due to both the cleaner new 
vehicles but also because the gasoline required under the Tier 3 rule 
contains less sulfur. Gasoline sulfur controls like those included in 
the Tier 3 fuel standards are necessary for the introduction of 
advanced clean technologies on vehicles, which emit at very low levels. 
Less sulfur in the gasoline allows the catalytic converters on vehicles 
in the existing fleet to function better for a longer period of time 
providing a reduction in NOX and VOC emissions from the 
existing fleet that starts immediately.
    Lastly, while relaxing the federal gasoline RVP volatility 
requirement in the areas covered by the State's request could, if 
considered in isolation, result in a slight increase in VOCs, it is not 
appropriate to consider the relaxation in these parishes in isolation. 
The RVP relaxation must be considered in context with the emissions 
reductions that are attributable to recent regulations on a wide range 
of sources including the Tier 3 vehicle emission and fuel regulations, 
which have been implemented since the State last submitted maintenance 
plans for these areas. When considered with those other recent 
regulations, the RVP relaxation is not likely to interfere with the 11 
parishes' ability to continue meeting the applicable ozone standards. 
For the reasons cited above, EPA does not believe that the RVP 
relaxation will translate into measurable ground-level ozone 
concentration changes.
    Therefore and given that: (1) The design values for the areas 
covered by the request are already well below even the most recent and 
stringent 2015 ozone NAAQS of 70 ppb, and (2) any increase in VOC 
emissions are expected to be offset by continued fleet turnover and 
national rules aimed at reducing VOC and NOX emissions from 
numerous sources, EPA has concluded that a relaxation of the federal 
RVP fuel requirement will not have an appreciable impact on ozone 
levels and that these 11 parishes will remain in attainment of the 
ozone NAAQS. EPA is therefore proposing to approve Louisiana's 
relaxation request for the 11 parishes included in the State's request.

IV. Proposal

    In this action, EPA is proposing to approve Louisiana's request to 
relax the summertime ozone season gasoline RVP volatility standard for 
Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe 
Coupee, St. Bernard, St. Charles, St. James, and St. Mary parishes 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 as provided for at 40 CFR 80.27(a)(2) 
for the 11 named parishes. This proposal to approve Louisiana's request 
to relax the summertime ozone season gasoline RVP volatility standard 
for the 11 parishes from 7.8 psi to 9.0 psi is based on the 
redesignation of the named areas to attainment of the 1-hour ozone 
standard and their designation as attainment for the 1997 and 2008 
ozone NAAQS. Additionally, the recent air quality data from monitors in 
the parishes demonstrates that they are attaining the 2015 ozone NAAQS 
of 70 ppb. And lastly, emission reductions from national rules aimed at 
reducing VOCs and NOX that were not previously claimed or 
accounted for in the State's projection of VOC trends for its 
maintenance plans will ensure continued attainment of the 2015 ozone 
NAAQS. EPA intends to examine whether there is ``good cause,'' under 5 
U.S.C. 553(d)(3), to designate the publication date of the final rule 
(based on today's proposal) as the effective date for implementation of 
the final rule.

[[Page 37188]]

V. 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 is 
therefore not subject to review under Executive Orders 12866 and 13563. 
(76 FR 3821, January 21, 2011).

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 
Louisiana and gasoline distributers and retail stations in Louisiana. 
This action relaxes the federal RVP standard for gasoline sold in the 
Louisiana parishes of Beauregard, Calcasieu, Jefferson, Lafayette, 
Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, 
and St. Mary during the summertime ozone season (June 1 to September 15 
of each year) to allow the RVP for gasoline sold in the named parishes 
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. We have therefore concluded that this action will have 
no net regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This final 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 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 proposal 
affects only those refiners, importers or blenders of gasoline that 
choose to produce or import low RVP gasoline for sale in Louisiana and 
gasoline distributers and retail stations in Louisiana. Thus, Executive 
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health 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 based on available ozone air quality 
data and VOC and NOX emissions information. EPA has 
preliminarily concluded that a relaxation of the gasoline RVP will not 
interfere with the attainment of the ozone NAAQS, or any other 
applicable CAA requirement in these 11 Louisiana parishes.

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

    This action does not involve technical standards.

J. 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 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 would relax the applicable volatility 
standard of gasoline during the summer, though it is unlikely that the 
relaxation would cause a measurable increase in ozone concentrations 
and therefore it would not result in the named parishes exceeding 
either the original ozone standard that triggered the low RVP 
requirement or any subsequent ozone standard, including the most recent 
ozone standard promulgated in 2015 based upon EPA's previous 
experiences with ozone attainment areas that have relaxed fuel RVP 
requirements.

VI. 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 1, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-16691 Filed 8-8-17; 8:45 am]
 BILLING CODE 6560-50-P