
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26354-26359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11700]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2016-0631; FRL-9963-54-OAR]


Approval of Tennessee's Request To Relax the Federal Reid Vapor 
Pressure Gasoline Volatility Standard for Davidson, Rutherford, Sumner, 
Williamson, and Wilson Counties; and Minor Technical Corrections for 
Federal Reid Vapor Pressure Gasoline Volatility Standards in Other 
Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a request from the state of Tennessee for EPA to 
relax the Reid Vapor Pressure (RVP) standard applicable to gasoline 
introduced into commerce from June 1 to September 15 of each year in 
Davidson, Rutherford, Sumner, Williamson, and Wilson Counties (the 
Middle Tennessee Area). Specifically, EPA is approving amendments to 
the regulations to allow the gasoline RVP standard for the five 
counties to rise from 7.8 pounds per square inch (psi) to 9.0 psi. EPA 
has determined that this change to the federal RVP regulation is 
consistent with the applicable provisions of the Clean Air Act (CAA). 
Finally, EPA is making several minor technical corrections to address 
clerical errors made in prior rulemakings that relaxed the gasoline RVP 
standard in other areas.

DATES: This final rule is effective on June 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2016-0631. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information may not be publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available 
electronically through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of 
Transportation and Air Quality, U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202) 
343-9256; email address: dickinson.david@epa.gov, or Rudolph Kapichak, 
Office of Transportation and Air Quality, U.S. Environmental Protection 
Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 
(734) 214-4574; email address: kapichak.rudolph@epa.gov.

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

I. General Information
II. Action Being Taken
III. History of the Gasoline Volatility Requirement

[[Page 26355]]

IV. EPA's Policy Regarding Relaxation of Gasoline Volatility 
Standards in Ozone Nonattainment Areas That Are Redesignated as 
Attainment Areas
V. Tennessee's Request to Relax the Federal Gasoline RVP Requirement 
for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties
VI. Response to Comments
VII. Final Action
VIII. Technical Corrections
IX. Statutory and Executive Order Reviews
X. Legal Authority and Statutory Provisions

    Effective date. Section 553(d) of the Administrative Procedure Act 
(APA), 5 U.S.C. Chapter 5, generally provides that rules may not take 
effect earlier than 30 days after they are published in the Federal 
Register. EPA is issuing this final rule under CAA section 307(d)(1) 
which states: ``The provisions of section 553 through 557 . . . of 
Title 5 shall not, except as expressly provided in this subsection, 
apply to actions to which this subsection applies.'' Thus, section 
553(d) of the APA does not apply to this rule. EPA is nevertheless 
acting consistently with the policies underlying APA section 553(d) in 
making this rule effective June 7, 2017. APA section 553(d) allows an 
effective date less than 30 days after publication for a rule ``that 
grants or recognizes an exemption or relieves a restriction.'' 5 U.S.C. 
553(d)(1). This rule fits within that exception because it lifts a 
restriction on the introduction into commerce of gasoline with an RVP 
of greater than 7.8 psi sold in Davidson, Rutherford, Sumner, 
Williamson, and Wilson Counties between June 1 and September 15 of each 
year. Because this action can be considered to relieve a restriction 
that would otherwise prevent the introduction into commerce of gasoline 
with an RVP of greater than 7.8 psi, EPA is making this action 
effective on June 7, 2017.

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule are fuel producers and 
distributors who do business in 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 rule. Other types of 
entities not listed on the table could also be affected by this rule. 
To determine whether your organization could be affected by this 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, see 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 EPA'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. Action Being Taken

    This final rule approves a request from the state of Tennessee to 
change the summertime gasoline 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 previous 
rulemaking, EPA approved 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 gasoline requirement from 7.8 psi to 9.0 psi 
for gasoline sold from June 1 to September 15 of each year would not 
interfere with maintenance of the NAAQS in the Middle Tennessee Area. 
For more information on EPA's approval of Tennessee's maintenance plan 
revision for the Middle Tennessee Area and the CAA section 110(l) non-
interference demonstration, please refer to the May 1, 2017 rulemaking. 
(82 FR 20260).
    The preamble for this rulemaking is organized as follows: Section 
III. provides the history of the federal gasoline volatility 
regulation. Section IV. describes the policy regarding relaxation of 
volatility standards in ozone nonattainment areas that are redesignated 
as attainment areas. Section V. provides information specific to 
Tennessee's request for Davidson, Rutherford, Sumner, Williamson, and 
Wilson Counties. Section VI. provides a response to the comments EPA 
received. Section VII. presents the final action in response to 
Tennessee's request. Finally, Section VIII. provides an explanation of 
the minor technical corrections being made to 40 CFR 80.27(a)(2)(ii).

III. History of the Gasoline Volatility Requirement

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

[[Page 26356]]

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 IV. of this action.
    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 state of Tennessee 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 the NAAQS in the Middle Tennessee Area or with any other applicable 
CAA requirement. See Section V. of this action for information specific 
to Tennessee's request for the Middle Tennessee Area.

IV. EPA's Policy Regarding Relaxation of Gasoline Volatility Standards 
in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas

    As stated in the rulemaking for EPA's amended Phase II volatility 
standards (56 FR 64706), any change in the 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 
RVP gasoline requirement remains in effect, even after such an area is 
redesignated to attainment, until a separate rulemaking is completed 
that relaxes the federal RVP gasoline 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(a), 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 
gasoline volatility standard or that the more stringent gasoline 
volatility standard may be necessary for the area to maintain 
attainment of 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 to the satisfaction of EPA that the area will maintain 
attainment for ten years without the need for the more stringent 
volatility standard.

V. Tennessee's Request To Relax the Federal Gasoline RVP Requirement 
for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties

    On November 21, 2016, the state of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC), submitted a request 
to revise its CAA section 110(a)(1) maintenance plan for the 1997 ozone 
NAAQS for the Middle Tennessee Area. The revised maintenance plan 
adjusts the on-road emissions inventory and maintenance demonstration 
so that they account for removal of the federal requirement to sell 7.8 
psi gasoline and instead sell gasoline with an RVP of 9.0 psi during 
the summer ozone season. As part of its request, TDEC also submitted 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 for the Middle Tennessee Area would not interfere with 
maintenance of any NAAQS, including the 1997 and 2015 ozone NAAQS. 
Specifically, the State provided a technical demonstration showing that 
relaxing the federal gasoline RVP requirement in the five counties, 
from 7.8 psi to 9.0 psi, would not interfere with maintenance of the 
ozone NAAQS or with any other applicable requirement of the CAA.
    On February 24, 2017, EPA proposed to approve the revised 
maintenance plan and section 110(l) non-interference demonstration. The 
proposal provided an opportunity for the public to comment on the 
action. (82 FR 11517). EPA received no comments on the proposal to 
approve the revised maintenance plan request and the non-interference 
demonstration for the Middle Tennessee Area. In a May 1, 2017 final 
rule, EPA approved Tennessee's November 21, 2016 revised maintenance 
plan for the Middle Tennessee Area. (82 FR 20260). The revised CAA 
section 110(a)(1) maintenance plan provides for continued attainment 
and maintenance of the 1997 ozone NAAQS. In this final rule, EPA also 
approved Tennessee's non-interference demonstration for the Middle 
Tennessee Area.
    In today's action, EPA is taking the final step in the process to 
approve Tennessee's request to relax the summertime ozone season 
gasoline RVP standard for Davidson, Rutherford, Sumner, Williamson, and 
Wilson Counties from 7.8 psi to 9.0 psi. Specifically, EPA is amending 
the applicable gasoline RVP standard from 7.8 psi to 9.0 psi provided 
at 40 CFR 80.27(a)(2) for the five counties. This action is based on 
EPA's May 1, 2017 approval of Tennessee's November 21, 2016 revised 
maintenance plan request and the non-interference demonstration.
    EPA's proposal to amend the applicable gasoline RVP standard from 
7.8 psi to 9.0 psi (April 12, 2017, 82 FR 17597) was subject to public 
notice-and-comment. EPA received seven comments on its proposal. These 
comments are discussed in Section VI. below.
    Finally, EPA is approving this change to 40 CFR part 80 based on a 
request from the State and because EPA made a final determination in 
its May 1, 2017 final rule (82 FR 20260) that the State made an 
adequate demonstration to show that removal of this federal requirement 
would not interfere with air quality in the Middle Tennessee Area. 
Further, this final action is consistent with CAA requirements. Based 
upon these factors, EPA is approving Tennessee's request to relax the 
federal RVP gasoline requirements in the Middle Tennessee Area from 7.8 
psi to 9.0 psi.

VI. Response to Comments

    EPA received seven comments on its April 12, 2017 proposal to relax 
the gasoline standard from 7.8 psi to 9.0 psi. EPA believes that all of 
these comments are outside the scope of today's action as discussed 
further below.
    Comment: EPA received six comments that expressed a general concern 
that the relaxation of the RVP gasoline standard would result in a 
negative impact on air quality.
    Response: These comments, which are outside the scope of today's 
final rule, pertain to issues that have already been addressed in the 
May 1, 2017 rulemaking that evaluated the State's

[[Page 26357]]

demonstration of potential air quality impacts of changing the 
summertime gasoline standard in the Middle Tennessee Area. (82 FR 
20260). At proposal, EPA evaluated the impacts on air quality 
associated with the change in RVP requirements and determined that any 
such impacts will not interfere with attainment or maintenance of any 
NAAQS or with any other applicable requirement of the CAA as required 
by CAA section 110(l). (82 FR 11517, 11520-11522, February 24, 2017). 
EPA received no adverse comments on that proposal, which was subject to 
a 30-day notice and comment opportunity for the public. Further, in the 
April 12, 2017 proposal to this action, EPA did not reopen the May 1, 
2017 rulemaking for public comments.
    Comment: EPA received another comment concerning the impact of the 
1.0 psi RVP waiver that is provided to gasoline containing 10 percent 
ethanol.\2\ The commenter expressed several concerns with the 1.0 psi 
waiver, as well as a concern with the potential impacts of relaxing the 
summertime gasoline standard on the ability of the area to attain the 
2015 ozone NAAQS. The commenter also asked for clarification of how 
Tennessee calculated emissions changes resulting from increasing the 
RVP of gasoline sold in the Area.
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    \2\ See CAA section 211(h)(4).
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    Response: The commenter's general concern with the national 1.0 psi 
waiver for gasoline containing 10 percent ethanol are beyond the scope 
of this rulemaking. Moreover, CAA section 211(h)(4) specifically allows 
the RVP limits for fuel blends containing gasoline and 10 percent 
ethanol to be 1.0 psi greater than the applicable regulatory RVP limits 
established in accordance with CAA section 211(h)(1). In this 
rulemaking, EPA is merely revising the summertime RVP limit for the 
Middle Tennessee Area pursuant to a request from the State, which the 
State supported with the demonstration that the area will continue to 
maintain the 1997 ozone NAAQS, and that the RVP increase will not 
interfere with the Area's ability to attain other NAAQS including the 
2015 ozone NAAQS or interfere with any other CAA requirement.
    With regard to the possibility that the summertime gasoline RVP 
increase could jeopardize the area's ability to remain in attainment 
with the 2015 ozone NAAQS of 70 ppb, as previously explained, this 
comment is beyond the scope of this rulemaking. Further, as also 
previously explained, the proposal for the May 1, 2017 rulemaking 
contained an evaluation of the air quality impacts associated with the 
change in RVP requirements and determined that any such impacts will 
not interfere with attainment or maintenance of any NAAQS or with any 
other applicable requirement of the CAA as required by CAA section 
110(l). Thus, EPA, in a prior rulemaking, which included extensive 
information and data from the State, such as the projection of the 
design values and the effect of slight increases in emissions 
associated with the RVP relaxation, has concluded that the Area would 
continue to attain any ozone NAAQS, including the 2015 ozone NAAQS, 
after the RVP relaxation. (82 FR 20260, May 1, 2017). In the February 
24, 2017 proposal, EPA had also provided adequate opportunity for 
public comments on the CAA section 110(l) non-interference 
demonstration as well as the extensive information that supported the 
demonstration. No adverse comments were received on that proposal. The 
proposed notice for today's action did not re-open the previous 
rulemaking.
    Similarly, EPA believes that the comment on Tennessee's 
calculations of the emissions change due to the RVP relaxation is also 
beyond the scope of this rulemaking. As previously explained, EPA 
provided adequate opportunity for public comment on the previous 
rulemaking that approved the State's maintenance plan revision and CAA 
section 110(l) non-interference demonstration. (82 FR 20260, May 1, 
2017). No adverse comments were received on the proposal for the May 1, 
2017 rulemaking. Notwithstanding that this comment is outside of the 
scope of this rulemaking, Tennessee did properly quantify the emissions 
change attributed to the increase of the summertime RVP standard of 7.8 
psi (effectively 8.8 psi with the 1.0 psi ethanol waiver) to 9.0 psi 
(effectively 10.0 psi with the 1.0 psi ethanol waiver). (82 FR 11517, 
11520-11523, February 24, 2017). As noted above, the proposed notice 
for today's action did not re-open the previous rulemaking. Based on 
the evidence in the record, EPA is granting the State's request to 
relax the summertime RVP standard from 7.8 psi to 9.0 psi.

VII. Final Action

    EPA is taking final action to approve the request from Tennessee 
for EPA to relax the RVP applicable to gasoline introduced into 
commerce from June 1 to September 15 of each year in Davidson, 
Rutherford, Sumner, Williamson, and Wilson Counties. Specifically, this 
action amends the applicable gasoline RVP standard from 7.8 psi to 9.0 
psi provided at 40 CFR 80.27(a)(2) for the Middle Tennessee Area.

VIII. Technical Corrections

    We are taking this opportunity to make several minor technical 
corrections to 40 CFR 80.27(a)(2)(ii) in order to accurately reflect 
the regulatory changes to this subparagraph that occurred as the result 
of prior rulemakings. These prior rulemakings concerned the relaxation 
of the gasoline RVP standard in other areas of the country. The changes 
are specified in the following paragraph. These corrections have no 
effect on the stringency or applicability of the regulations.\3\
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    \3\ 40 CFR 80.27(a)(2)(ii) had not accurately reflected that the 
North Carolina entry in the table also included footnotes 6 and 9. 
As a result of today's rulemaking, the table will include the 
addition of Middle Tennessee and a new footnote 10 associated with 
it. The footnotes below the table were also inaccurate in that 
incorrect counties or areas were associated with the wrong footnote 
numbers. Therefore, the preexisting language in footnote 6 is 
retained but is renumbered as footnote 8. Similarly, the preexisting 
language in footnote 7 is retained but is renumbered as footnote 9. 
The correct version of footnotes 6 and 7 were not included in the 
preexisting language and thus new footnotes 6 and 7 are added in 
this final rule.
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    The amendments are as follows:
    1. In 40 CFR 80.27(a)(2)(ii), the table is amended by:
    a. Adding footnote numbers 6 and 9 in the table for North Carolina;
    b. Adding the ``Middle Tennessee Area'' in the table for Tennessee 
and adding footnote number 10 next to it;
    2. In 40 CFR 80.27(a)(2)(ii), the footnotes below the table are 
amended by:
    a. Renumbering the existing footnote 6 below the table to a new 
footnote 8. Footnote 8 will read: ``The standard for Jefferson and 
Shelby Counties from June 1 until September 15 in 1992 through July 2, 
2015 was 7.8 psi.'';
    b. Renumbering the existing footnote 7 below the table to a new 
footnote 9. Footnote 9 will read: ``The standard for Mecklenburg and 
Gaston Counties from June 1 until September 15 in 1992 through 2015 was 
7.8 psi.'';
    c. Adding a new footnote 6 below the table. Footnote 6 will read: 
``The standard for Davidson, Forsyth and Guilford Counties and a 
portion of Davie County from June 1 until September 15 in 1992 through 
2013 was 7.8 psi.'';
    d. Adding a new footnote 7 below the table. Footnote 7 will read: 
``The standard for Durham and Wake Counties, and a portion of 
Dutchville Township in Granville County from June 1 until September 15 
in 1992 through 2013 was 7.8 psi.''

[[Page 26358]]

IX. 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 
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 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 the 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 final 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 
Middle Tennessee Area. Thus, Executive Order 13175 does not apply to 
this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order. EPA has no reason to believe that this action may 
disproportionately affect children since Tennessee has demonstrated 
that a relaxation of the gasoline RVP will not interfere with its 
attainment of the ozone NAAQS for the Middle Tennessee Area, or any 
other applicable CAA requirement.

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 relaxes the applicable volatility 
standard of gasoline during the summer, possibly resulting in slightly 
higher mobile source emissions. However, the state of Tennessee's non-
interference demonstration that this action will not interfere with 
maintenance of the ozone NAAQS in the Middle Tennessee Area, or with 
any other applicable CAA requirement. 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 described in Section V. of this final rule. A copy 
of Tennessee's November 21, 2016 SIP revision requesting that EPA relax 
the gasoline RVP standard, including the technical analysis 
demonstrating that the less stringent gasoline RVP in the Davidson, 
Rutherford, Sumner, Williamson, and Wilson Counties would not interfere 
with continued maintenance of the 2008 ozone NAAQS, or with any other 
applicable CAA requirement, has been placed in the public docket for 
this action.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 7, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to

[[Page 26359]]

enforce its requirements. See CAA section 307(b)(2).

X. Legal Authority and Statutory Provisions

    The statutory authority for this action is granted to EPA by CAA 
sections 211(h) and 301(a), as amended; 42 U.S.C. 7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

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

    Dated: May 31, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons discussed in the preamble, the Environmental 
Protection Agency is amending 40 CFR part 80 as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

0
2. Section 80.27 is amended in the table in paragraph (a)(2)(ii) by:
0
a. Revising the entries for North Carolina and Tennessee.
0
b. Revising footnotes 6 and 7.
0
c. Adding new footnotes 8, 9, and 10.
    The revisions and additions read as follows:


Sec.  80.27  Controls and prohibitions on gasoline volatility.

    (a) * * *
    (2) * * *
    (ii) * * *

                                Applicable Standards 1 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
              State                     May            June            July           August         September
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
North Carolina 6 7 9............             9.0             9.0             9.0             9.0             9.0
 
                                                  * * * * * * *
Tennessee:
    Knox County.................             9.0             9.0             9.0             9.0             9.0
    Middle Tennessee Area \10\..             9.0             9.0             9.0             9.0             9.0
    All volatility nonattainment             9.0             7.8             7.8             7.8             7.8
     areas......................
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
 * * * * * * *
\6\ The standard for Davidson, Forsyth and Guilford Counties and a portion of Davie County from June 1 until
  September 15 in 1992 through 2013 was 7.8 psi.
\7\ The standard for Durham and Wake Counties, and a portion of Dutchville Township in Granville County from
  June 1 until September 15 in 1992 through 2013 was 7.8 psi.
\8\ The standard for Jefferson and Shelby Counties from June 1 until September 15 in 1992 through July 2, 2015
  was 7.8 psi.
\9\ The standard for Mecklenburg and Gaston Counties from June 1 until September 15 in 1992 through 2015 was 7.8
  psi.
\10\ The standard for the Middle Tennessee Area (Davidson, Rutherford, Sumner, Williamson, and Wilson Counties)
  from June 1 until September 15 in 1992 through June 7, 2017 was 7.8 psi.

* * * * *
[FR Doc. 2017-11700 Filed 6-6-17; 8:45 am]
 BILLING CODE 6560-50-P


