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[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26191-26195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10616]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2014-0905; FRL 9927-16-OAR]
RIN 2060-AS58

Approval of Alabama's Request To Relax the Federal Reid Vapor 
Pressure Gasoline Volatility Standard for Birmingham, Alabama

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a request from the state of Alabama for the EPA 
to relax the Reid Vapor Pressure (RVP) standard applicable to gasoline 
introduced into commerce from June 1 to September 15 of each year for 
Jefferson and Shelby counties (``the Birmingham area''). Specifically, 
the EPA is approving amendments to the regulations to change the RVP 
standard for the Birmingham area from 7.8 pounds per square inch (psi) 
to 9.0 psi for gasoline. The EPA has determined that this change to the 
federal RVP regulation is consistent with the applicable provisions of 
the Clean Air Act (CAA). This action is being taken without prior 
proposal because the EPA believes that this rulemaking is 
noncontroversial for the reasons set forth in this preamble, and due to 
the limited scope of this action.

DATES: This rule is effective on July 6, 2015 without further notice 
unless the EPA receives adverse comment by June 8, 2015. If the EPA 
receives such comments, the EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0905, by one of the following methods:
    www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: a-and-r-Docket@epa.gov.
     Mail: Air Docket, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Ave. NW., Washington, DC, 20460, 
Attention Docket ID No. EPA-HQ-OAR-2014-0905. Please include a total of 
two copies.
     Hand Delivery: Air and Radiation Docket, EPA Docket 
Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW., 
Washington, DC 20004. Attention Docket ID No. EPA-HQ-OAR-2014-0905. 
Please include two copies. Such deliveries are accepted only during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2014-0905. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means that the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses. For additional information about the EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at

[[Page 26192]]

the Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. 
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of Transportation 
and Air Quality, Environmental Protection Agency, 2000 Traverwood 
Drive, Ann Arbor, Michigan, 48105; telephone number: (734) 214-4476; 
fax number: (734) 214-4052; email address: klavon.patty@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
IV. The EPA's Policy Regarding Relaxation of Volatility Standards in 
Ozone Nonattainment Areas That Are Redesignated as Attainment Areas
V. Alabama's Request To Relax the Federal RVP Requirement for the 
Birmingham Area
VI. Final Action
VII. Statutory and Executive Order Reviews
VIII. Legal Authority and Statutory Provisions

I. General Information

A. Why is the EPA issuing a direct final rule?

    The EPA is making this revision as a direct final rule without 
prior proposal because the EPA views this revision as noncontroversial 
and anticipates no adverse comment. The rationale for this rulemaking 
is described in detail below. In the Proposed Rules section of this 
Federal Register, the EPA is publishing a separate document that will 
serve as the proposal to approve this revision to the RVP standard that 
applies in the Birmingham area should adverse comments be filed. If the 
EPA receives no adverse comment, the EPA will not take further action 
on the proposed rule. If the EPA receives adverse comment on this rule 
or any portion of this rule, the EPA will withdraw the direct final 
rule or the portion of the rule that received adverse comment. All 
public comments received will then be addressed in a subsequent final 
rule based on the proposed rule. The EPA will not institute a second 
comment period on this rulemaking. Any parties interested in commenting 
must do so at this time.

B. Does this action apply to me?

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

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

    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 the 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, call the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this preamble.
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    \1\ North American Industry Classification System.
---------------------------------------------------------------------------

C. What should I consider as I prepare my comments?

1. Submitting CBI
    Do not submit CBI to the EPA through www.regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD ROM that you mail to the EPA, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The EPA may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
3. Docket Copying Costs
    You may be required to pay a reasonable fee for copying docket 
materials.

II. Action Being Taken

    This direct final rule approves a request from the state of Alabama 
to change the summertime RVP standard for Jefferson and Shelby counties 
(``the Birmingham area'') from 7.8 psi to 9.0 psi by amending the EPA's 
regulations at 40 CFR 80.27(a)(2). In a previous rulemaking, the EPA 
approved a state implementation plan (SIP) revision from the state of 
Alabama which provided a technical demonstration that relaxing the 
federal RVP requirement from 7.8 psi to 9.0 psi for gasoline sold from 
June 1 to September 15 of each year in the Birmingham area would not 
interfere with maintenance of the national ambient air quality 
standards (NAAQS) in the Birmingham area. For more information on 
Alabama's SIP revision, please refer to the April 17, 2015 rulemaking 
(80 FR 21170).
    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 
Alabama's request for the Birmingham area. Finally, Section VI. 
presents the final action in response to Alabama's request.

III. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), the EPA determined that gasoline 
nationwide was becoming increasingly volatile, causing an increase in

[[Page 26193]]

evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOC), are precursors to the formation of tropospheric ozone 
and contribute to the nation's ground-level ozone problem. Exposure to 
ground-level ozone can reduce lung function, thereby aggravating asthma 
and other respiratory conditions, increase susceptibility to 
respiratory infection, and may contribute to premature death in people 
with heart and lung disease.
    The most common measure of fuel volatility that is useful in 
evaluating gasoline evaporative emissions is RVP. Under CAA section 
211(c), the EPA promulgated regulations on March 22, 1989 (54 FR 11868) 
that set maximum limits for the RVP of gasoline sold during the 
regulatory control periods that were established on a state-by-state 
basis in the final rule. The regulatory control periods addressed the 
portion of the year when peak ozone concentrations were expected. These 
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), the EPA promulgated more 
stringent volatility controls as Phase II of the volatility control 
program. These requirements established maximum RVP standards of 9.0 
psi or 7.8 psi (depending on the state, the month, and the area's 
initial ozone attainment designation with respect to the 1-hour ozone 
NAAQS).
    The 1990 CAA Amendments established a new section 211(h) to address 
fuel volatility. CAA section 211(h) requires the EPA to promulgate 
regulations making it unlawful to sell, offer for sale, dispense, 
supply, offer for supply, transport, or introduce into commerce 
gasoline with an RVP level in excess of 9.0 psi during the high ozone 
season. CAA section 211(h) also prohibits the EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that the EPA may impose a lower (more stringent) standard in any 
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), the EPA modified the Phase II 
volatility regulations to be consistent with CAA section 211(h). The 
modified regulations prohibited the sale of gasoline with an RVP above 
9.0 psi in all areas designated attainment for ozone, effective January 
13, 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658), which included the 7.8 psi ozone season limitation for 
certain areas. As stated in the preamble to the Phase II volatility 
controls and reiterated in the proposed change to the volatility 
standards published in 1991, the EPA will rely on states to initiate 
changes to their respective volatility programs. The EPA's policy for 
approving such changes is described below in Section IV. of this 
action.
    The state of Alabama has initiated this change by requesting that 
the EPA relax the 7.8 psi RVP standard to 9.0 psi for the Birmingham 
area, which is subject to the 7.8 psi RVP requirement during the 
summertime ozone season. Accordingly, the state of Alabama provided a 
technical demonstration showing that relaxing the federal RVP 
requirement in the Birmingham area from 7.8 psi to 9.0 psi would not 
interfere with maintenance of the NAAQS or any other applicable 
requirement of the CAA. See Section V. of this action for information 
specific to Alabama's request for the Birmingham area.

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

    As stated in the preamble for the 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 the EPA mandated a Phase II volatility 
standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the 
federal 7.8 psi RVP requirement remains in effect, even after such an 
area is redesignated to attainment, until a separate rulemaking is 
completed that relaxes the federal RVP standard in that area from 7.8 
psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, the 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, 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, the 
EPA will not relax the volatility standard unless the state requests a 
relaxation and the maintenance plan demonstrates to the satisfaction of 
the EPA that the area will maintain attainment for ten years without 
the need for the more stringent volatility standard.
    Alabama did not request relaxation of the federal RVP standard from 
7.8 psi to 9.0 psi when the Birmingham area was redesignated to 
attainment for either the 1-hour ozone NAAQS or the 1997 ozone NAAQS. 
However, Alabama took a conservative approach in developing maintenance 
plans associated with those redesignation requests by estimating 
emissions using a federal RVP requirement of 9.0 psi.

V. Alabama's Request To Relax the Federal RVP Requirement for the 
Birmingham Area

    In a May 12, 2006 final rule, the EPA approved the Birmingham 
area's redesignation request and maintenance plan for the 1997 ozone 
NAAQS. See 71 FR 27631 (May 12, 2006).\2\ As required, the CAA section 
175A maintenance plan provides for continued attainment and maintenance 
of the 1997 ozone NAAQS for at least ten years from the effective date 
of the Birmingham area's redesignation to attainment for the 1997 ozone 
NAAQS. This maintenance plan also includes components demonstrating how 
the Birmingham area will continue to attain the 1997 ozone NAAQS, and 
provides contingency measures should the Birmingham area violate that 
NAAQS. The state of Alabama's ozone redesignation request and 
maintenance plan for the Birmingham area did not remove the state-level 
7.0 psi RVP requirement that was in place for the Birmingham area.\3\
---------------------------------------------------------------------------

    \2\ The Birmingham area (i.e., Jefferson and Shelby counties) 
was designated as unclassifiable/attainment for the 2008 ozone NAAQS 
effective July 20, 2012. See 77 FR 30088 (May 21, 2012).
    \3\ In 2001, the EPA approved a state fuel program that imposed 
a more stringent 7.0 psi requirement for the Birmingham area, per 
CAA section 211(c)(4)(C). The low-RVP fuel program required that all 
gasoline sold during the summertime ozone season (June 1-September 
15 of each year) in the Birmingham area contain a maximum RVP of 7.0 
psi. See 66 FR 56218 (November 7, 2001).
---------------------------------------------------------------------------

    On March 2, 2012, the state of Alabama, through the Alabama 
Department of Environmental Management (ADEM), submitted a proposed 
revision to Alabama's SIP

[[Page 26194]]

removing the state-level RVP requirement to use 7.0 psi RVP gasoline in 
the Birmingham area during the summertime ozone season. The EPA 
approved the revision in an April 20, 2012 final rule. See 77 FR 23619. 
The revision to the Alabama SIP resulted in the federal RVP requirement 
of 7.8 psi applying to the Birmingham area.
    On November 14, 2014, the state of Alabama submitted a proposed 
revision to its SIP demonstrating that removal of the federal RVP 
requirement of 7.8 psi for gasoline during the summer ozone season in 
the Birmingham area would not interfere with maintenance of any NAAQS. 
Specifically, the state provided a technical demonstration showing that 
relaxing the federal RVP requirements in the Birmingham area from 7.8 
psi to 9.0 psi would not interfere with maintenance of the NAAQS or 
with any other applicable requirement of the CAA.
    The EPA evaluated and approved Alabama's November 14, 2014 SIP 
revision in a previous rulemaking that was subject to public notice-
and-comment. The EPA received two comments on that rulemaking, and 
those comments were addressed in the final rule for that rulemaking. 
See 80 FR 21170 (April 17, 2015). The comments received can be found in 
the docket for that rulemaking (EPA-R04-OAR-2014-0867).
    In this action, the EPA is approving Alabama's request to relax the 
summertime ozone season RVP standard for the Birmingham area from 7.8 
psi to 9.0 psi. This is based on the previous approval of Alabama's 
November 14, 2014 SIP revision, and the fact that the Birmingham area 
is currently in attainment for all ozone NAAQS.

VI. Final Action

    The EPA is taking direct final action to approve the request from 
Alabama for the EPA to relax the RVP applicable to gasoline introduced 
into commerce from June 1 to September 15 of each year in the 
Birmingham area. Specifically, this action amends the applicable RVP 
standard from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the 
Birmingham area (i.e., Jefferson and Shelby counties, Alabama).
    The EPA is making this revision without prior proposal because the 
EPA views the revision as noncontroversial and anticipates no adverse 
comment. However, in the Proposed Rules section of this Federal 
Register, the EPA is publishing a separate document that will serve as 
the proposal to approve this revision to the RVP standard that applies 
in the Birmingham area should adverse comments be filed. This rule will 
become effective July 6, 2015 without further notice unless the EPA 
receives adverse comments by June 8, 2015.
    If the EPA receives adverse comments on the rule or any portion of 
the rule, the EPA will withdraw the direct final rule or the portion of 
the rule that received adverse comment. The EPA will publish a timely 
withdrawal in the Federal Register indicating which provisions will 
become effective and which provisions are being withdrawn. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed rule. The EPA will not institute a second comment 
period on the subsequent final action. Any parties interested in 
commenting must do so at this time. If no such comments are received, 
the public is advised that this rule will become effective on July 6, 
2015 and no further action will be taken on the proposed rule.

VII. 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 
the Birmingham area and gasoline distributers and retail stations in 
the Birmingham area. This action relaxes the federal RVP standard for 
gasoline sold in the Birmingham area during the summertime ozone season 
(June 1 to September 15 of each year) 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 the 
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 Birmingham 
area and gasoline distributers and retail stations in the Birmingham 
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 the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it approves a state program.

[[Page 26195]]

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the applicable 
ozone NAAQS which establish the level of protection provided to human 
health or the environment. This rule will relax the applicable 
volatility standard of gasoline during the summer, possibly resulting 
in slightly higher mobile source emissions. However, the state of 
Alabama has demonstrated in the Birmingham area's approved maintenance 
plan that this action will not interfere with attainment of the ozone 
NAAQS. Therefore, disproportionately high and adverse human health or 
environmental effects on minority or low-income populations are not an 
anticipated result. The results of this evaluation are contained in 
Section V. of this direct final rule. A copy of Alabama's November 14, 
2014 letter requesting that the EPA relax the RVP standard, including 
the technical analysis demonstrating that the less stringent RVP in the 
Birmingham area would not interfere with continued maintenance of the 
1997 ozone NAAQS or any other applicable standard, has been placed in 
the public docket for this action.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 8, 2015. Filing a 
petition for reconsideration by the Administrator of this direct 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
document of proposed rulemaking for this action published in the 
Proposed Rules section of this Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. This action may not be challenged 
later in proceedings to enforce its requirements. See CAA section 
307(b)(2).

VIII. Legal Authority and Statutory Provisions

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

List of Subjects in 40 CFR Part 80

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

    Dated: April 30, 2015.
Gina McCarthy,
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. In Sec.  80.27(a)(2)(ii), the table is amended by:
0
a. Revising the entry for Alabama; and
0
b. Adding footnote 8.
    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
----------------------------------------------------------------------------------------------------------------
Alabama \8\....................................          9.0          9.0          9.0          9.0          9.0
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
* * * * * * *
\8\ The standard for Jefferson and Shelby Counties from June 1 until September 15 in 1992 through July 6, 2015
  was 7.8 psi.
* * * * * * *

[FR Doc. 2015-10616 Filed 5-6-15; 8:45 am]
 BILLING CODE 6560-50-P
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