38284 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2014–0905; FRL 9929–91– 

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: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of two 

adverse comments, the Environmental 

Protection Agency (EPA) is withdrawing 

the May 7, 2015 direct final rule to 

approve the request from Alabama to 

relax the Reid Vapor Pressure (RVP) 

standard applicable to gasoline 

introduced into commerce from June 1 

to September 15 of each year in 

Jefferson and Shelby counties, Alabama 

(‘‘the Birmingham area’’). The EPA is 

considering these comments and will 

address the comments in a separate 

action. The EPA will not institute a 

second comment period on this action. 

DATES: The direct final rule published at 

80 FR 26191 on May 7, 2015 is 

withdrawn, effective July 2, 2015. 

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: On May 7, 

2015 (80 FR 26191), the EPA published 

a direct final rule to approve a request 

from the state of Alabama to change the 

summertime gasoline RVP standard for 

Jefferson and Shelby counties (‘‘the 

Birmingham area’’) from 7.8 pounds per 

square inch (psi) to 9.0 psi by amending 

the EPA’s regulations at 40 CFR 

80.27(a)(2). In an April 17, 2015 final 

rule, 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). 

In the May 7, 2015 direct final rule, 

the EPA stated that if adverse comments 

were received by June 8, 2015, the rule 

would be withdrawn and not take effect. 

The EPA received two comments. The 

EPA is treating these comments as 

adverse. Therefore, the EPA is 

withdrawing the direct final rule. The 

EPA will address these comments in a 

separate final action based on the May 

7, 2015 proposed rulemaking (80 FR 

26212). The EPA will not institute a 

second comment period on this action. 

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: June 25, 2015. 

Gina McCarthy, 

Administrator. 

Accordingly, the amendment to 40 

CFR 80.27 which published in the 

Federal Register on May 7, 2015 at 80 

FR 26191 is withdrawn as of July 2, 

2015. 

[FR Doc. 2015–16390 Filed 7–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2014–0905; FRL 9929–90– 

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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking 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). 

Additionally, the EPA is responding to 

adverse comments received for this 

action. 

DATES: This final rule is effective on July 

2, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2014–0905. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

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. Response to Comments 

VII. Final Action 

VIII. Statutory and Executive Order Reviews 

IX. 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. The EPA is issuing 

this final rule under CAA section 

307(d)(1). CAA section 307(d)(1) 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. The EPA is nevertheless acting 

consistently with the policies 

underlying APA section 553(d) in 

making this rule effective on July 2, 

2015. APA section 553(d) allows an 

effective date less than 30 days after 


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Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 38285 

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 a RVP 

of greater than 7.8 psi sold in Jefferson 

and Shelby counties, Alabama (‘‘the 

Birmingham area’’) 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, the EPA is making this action 

effective on July 2, 2015. 

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 Alabama. 

Examples of potentially 

regulated entities 

NAICS1

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 

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, contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section of this preamble. 

B. What is the EPA’s authority for taking 

this action? 

The statutory authority for this action 

is granted to the EPA by Sections 211(h) 

and 301(a) of the Clean Air Act, as 

amended; 42 U.S.C. 7545(h) and 

7601(a). 

II. Action Being Taken 

This final rule approves a request 

from the state of Alabama to change the 

summertime RVP standard for 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. Section VI. provides 

the EPA’s response to the adverse 

comments received on the May 7, 2015 

notice of proposed rulemaking (80 FR 

26212). Finally, Section VII. 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 

evaporative emissions from gasolinepowered 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 groundlevel 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 twophase 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 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. 


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38286 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

2The 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). 

4The EPA also noted that an additional public 

comment period would not be instituted for the 

action. 

IV. The EPA’s Policy Regarding 

Relaxation of Volatility Standards in 

Ozone Nonattainment Areas That Are 

Redesignated as 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

On March 2, 2012, the state of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), submitted a 

proposed revision to Alabama’s SIP 

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-andcomment. 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 final action, the EPA is taking 

the second and final step in the process 

to approve Alabama’s request to relax 

the summertime ozone season RVP 

standard for the Birmingham area from 

7.8 psi to 9.0 psi. This final action to 

approve Alabama’s request to relax the 

summertime ozone season RVP standard 

for the Birmingham area from 7.8 psi to 

9.0 psi is based on the EPA’s April 18, 

2015 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. Response to Comments 

On May 7, 2015, the EPA published 

a direct final rule to approve a request 

from Alabama for the EPA to relax the 

RVP standard for the Birmingham Area. 

See 80 FR 26191. The EPA published a 

parallel proposal (See 80 FR 26212) in 

the event that adverse comments were 

received such that the direct final rule 

would need to be withdrawn. In the 

direct final rule, the EPA stated that the 

direct final rule would be withdrawn 

and would not take effect if adverse 

comments were received by June 8, 

2015. The EPA further stated that the 

corresponding proposed rule would 

remain in effect and that the EPA would 

respond to any adverse comments 

received in a subsequent final rule 

provided the EPA was able to address 

such comments.4 The EPA has received 

comments on the rulemaking. Although, 

for the reasons discussed below, these 

comments are outside of the scope of 

this action, the EPA is treating these 

comments as adverse. Therefore, the 

EPA has withdrawn the direct final rule 

in a separate Federal Register notice 

and is providing a summary of 

comments received and the EPA’s 

responses to the comments in this 

action. 

Comment: One commenter contends 

that fleet turnover cannot be used to 

offset the emissions increases from RVP 

relaxation because ‘‘fleet turnover was 

already considered in the maintenance 

plan’’ and its use as an offset measure 

would therefore ‘‘double count’’ the 

associated emissions decreases. The 


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Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 38287 

commenter also believes that Alabama 

used inaccurate information in 

calculating fleet turnover unless it used 

fleet emission data from the actual fleet 

in 2015 in the area and that ‘‘using 

inaccurate information to make a 

decision to approve a SIP revision is 

arbitrary and capricious.’’ Additionally, 

the commenter states that the CAA 

section ‘‘110(l) analysis must include 

photochemical grid modeling to 

determine if the increased emissions 

from weakening the RVP standard 

adversely impacts 2008 ozone 

nonattainment areas including MetroAtlanta, Metro-Memphis, MetroKnoxville and other nearby areas.’’ 

Response: These comments are 

beyond the scope of this action. CAA 

section 110(l) applies to revisions to a 

SIP submitted by a state. However, this 

rulemaking does not approve any SIP 

revisions. Rather, it revises the federal 

regulations at 40 CFR part 80 applicable 

to gasoline introduced into commerce in 

certain areas. 

The EPA evaluated the impacts of 

RVP relaxation in the Birmingham area 

pursuant to CAA section 110(l) in a 

previous rulemaking. See 80 FR 21170 

(April 17, 2015). The EPA’s evaluation, 

including its analysis of fleet turnover, 

was subject to public notice-andcomment. The EPA received two 

comments on its proposed approval of 

the state’s CAA section 110(l) 

noninterference demonstration and 

responded to those comments in the 

final rulemaking notice. The EPA’s 

approval of the noninterference 

demonstration into the SIP was effective 

on April 17, 2015. The opportunity for 

the commenter to express concerns 

regarding the EPA’s analyses of whether 

the change to the federal RVP 

requirements for the Birmingham area 

would interfere with attainment or 

maintenance of the NAAQS or any other 

applicable CAA requirement was during 

the earlier public notice-and-comment 

period. The EPA’s rulemaking to revise 

its regulations in 40 CFR part 80 did not 

reopen the EPA’s action on Alabama’s 

CAA section 110(l) demonstration. 

Comment: The other commenter 

contends that the EPA should not relax 

the RVP requirement in Birmingham 

because public health will suffer and 

Alabama has acknowledged that air 

pollution will increase. The commenter 

opines that the EPA should not relax the 

RVP limit because the EPA has 

proposed to revise the ozone NAAQS. 

Finally, the commenter asserts that the 

EPA is taking this action in order to 

accommodate the ethanol industry and 

allow for increased ethanol use in the 

Birmingham area. 

Response: These comments are 

beyond the scope of this action. The 

EPA is taking this action to revise the 

RVP limit applicable to the Birmingham 

area pursuant to a request from the state 

of Alabama. To support its request for 

the RVP relaxation, Alabama submitted 

a demonstration that the change would 

not interfere with the maintenance of 

any applicable NAAQS. The EPA 

approved that demonstration through 

notice-and comment rulemaking on 

April 17, 2015. See 80 FR 21170. The 

opportunity for the commenter to 

express concerns regarding the EPA’s 

analyses of whether the change to the 

federal RVP requirements for the 

Birmingham area would result in 

increased emissions and interfere with 

attainment or maintenance of any 

applicable NAAQS or any other 

applicable CAA requirement was during 

the earlier public notice-and-comment 

period. The EPA’s rulemaking to revise 

its regulations in 40 CFR part 80 did not 

reopen the EPA’s action on Alabama’s 

CAA section 110(l) demonstration. 

With regard to EPA’s proposal to 

tighten the ozone NAAQS, the CAA 

does not require that a state address a 

potential future NAAQS when 

conducting a CAA section 110(l) 

analysis, and the EPA does not believe 

that it is appropriate to delay action in 

response to a state’s request until a final 

decision is made on the ozone NAAQS. 

If the EPA revises the ozone NAAQS 

and if the Birmingham area is 

eventually designated nonattainment, 

the state will have the opportunity to 

submit a SIP that contains control 

measures to bring the area into 

attainment as expeditiously as 

practicable. This action does not remove 

any tools available to the state for 

compliance with a future NAAQS. 

Finally, the EPA is approving this 

change to 40 CFR part 80 based on a 

request from the state and because the 

EPA made a final determination that the 

state made an adequate demonstration 

to show that removal of this Federal 

requirement would not interfere with air 

quality in the Birmingham area. Further, 

this final action is consistent with CAA 

requirements. Based upon these factors 

alone, the EPA is approving Alabama’s 

request to relax the federal RVP gasoline 

requirements in the Birmingham area 

from 7.8 psi to 9.0 psi. 

VII. Final Action 

The EPA is taking 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. 

VIII. 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 


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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. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act (NTTAA) 

This action does not involve technical 

standards, and therefore, is not subject 

to the NTTAA. 

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 relaxes 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 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 may be filed only in the 

United States Court of Appeals for the 

appropriate circuit by August 31, 2015. 

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 

enforce its requirements. See CAA 

section 307(b)(2). 

IX. 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: June 25, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons set forth in the 

preamble, the EPA amends 40 CFR part 

80 as follows: 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521, 7542, 

7545, and 7601(a). 

■ 2. In § 80.27(a)(2)(ii), the table is 

amended by: 

■ a. Revising the entry for Alabama; and 

■ b. Adding footnote 8. 

The revisions and additions read as 

follows: 

§ 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 

*******

1Standards are expressed in pounds per square inch (psi). 

* * * * * 

8The standard for Jefferson and Shelby Counties from June 1 until September 15 in 1992 through July 2, 2015 was 7.8 psi. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 38289 

* * * * * 

[FR Doc. 2015–16392 Filed 7–1–15; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSK5VPTVN1PROD with RULES