8018 Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Proposed Rules 

1A separate rulemaking is required for relaxation 

of the current requirement to use gasoline with an 

RVP of 7.8 psi in the Area. Today’s action proposes 

EPA’s evaluation of the approvability of Alabama’s 

noninterference demonstration pursuant to section 

110(l). The decision regarding removal of Federal 

RVP requirements pursuant to section 211(h) in the 

Area includes other considerations evaluated at the 

discretion of the Administrator. As such, the 

determination regarding whether to remove the 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0867; FRL–9922–95– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Alabama: Noninterference Demonstration for Federal 

Low-Reid Vapor Pressure Requirement 

for the Birmingham Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State of Alabama’s November 14, 

2014, State Implementation Plan (SIP) 

revision, submitted through the 

Alabama Department of Environmental 

Management (ADEM), in support of the 

State’s request that EPA change the 

Federal Reid Vapor Pressure (RVP) 

requirements for Jefferson and Shelby 

Counties (hereinafter referred to as the 

‘‘Birmingham Area’’ or ‘‘Area’’). 

Alabama’s November 14, 2014, SIP 

revision evaluates whether changing the 

Federal RVP requirements in this Area 

would interfere with the Area’s ability 

to meet the requirements of the Clean 

Air Act (CAA or Act). Specifically, 

Alabama’s SIP revision concludes that 

relaxing the Federal RVP requirement 

from 7.8 pounds per square inch (psi) to 

9.0 psi for gasoline sold between June 1 

and September 15 of each year in the 

Area would not interfere with 

attainment or maintenance of the 

national ambient air quality standards 

(NAAQS) or with any other CAA 

requirement. EPA has preliminarily 

determined that Alabama’s November 

14, 2014, SIP revision is consistent with 

the applicable provisions of the CAA. 

DATES: Written comments must be 

received on or before March 6, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2014–0867 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2014–0867, 

Air Regulatory Managment Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2014– 

0867. 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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means 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 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, 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 EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, 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 EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy at the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong of the Air Regulatory 

Management Section, in the Air 

Planning and Implementation Branch, 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Mr. 

Wong may be reached by phone at (404) 

562–8726 or via electronic mail at 

wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is being proposed? 

II. What is the background of the Birmingham 

area? 

III. What is the history of the gasoline 

volatility requirement? 

IV. What are the Section 110(l) requirements? 

V. What is EPA’s analysis of Alabama’s 

submittal? 

VI. Proposed Action 

VII. Statutory and Executive Order Reviews 

I. What is being proposed? 

This rulemaking proposes to approve 

Alabama’s noninterference 

demonstration, submitted on November 

14, 2014, in support of the State’s 

request that EPA relax the Federal RVP 

requirement from 7.8 psi to 9.0 psi for 

gasoline sold between June 1 and 

September 15 of each year (i.e., during 

high ozone season) in the Area. 

Specifically, EPA is proposing to 

approve Alabama’s November 14, 2014, 

SIP revision which includes a technical 

demonstration that changing the federal 

RVP requirements in this Area from 7.8 

psi to 9.0 psi will not interfere with 

attainment or maintenance of any 

NAAQS or with any other applicable 

requirement of the CAA.1 It should be 


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Area from those areas subject to the section 211(h) 

requirements is made through a separate 

rulemaking action. 

noted that when Alabama requested that 

EPA redesignate the Birmingham Area 

to attainment for the 1997 8-hour ozone 

NAAQS, the 1997 annual fine 

particulate matter (PM2.5) NAAQS, and 

the 2006 24-hour PM2.5 NAAQS, the 

State took a conservative approach for 

the associated maintenance 

demonstrations and modeled the 9.0 psi 

RVP requirement for this Area rather 

than the 7.8 psi RVP requirement 

currently in place. While the State had 

already accounted for the use of fuel 

with an RVP of 9.0 psi in the 

maintenance plans to support those 

redesignation requests, the State did 

not, at that time, request the removal of 

the 7.8 psi RVP requirement for the 

Birmingham Area. Alabama is now 

requesting the removal of the 7.8 psi 

RVP requirement for this Area and, as 

part of that request, has reevaluated 

whether removal of this requirement 

would interfere with air quality in the 

Area. To make this demonstration, 

Alabama completed a technical analysis 

to estimate the change in emissions that 

would result from a switch to 9.0 psi 

RVP fuel based on current conditions. 

EPA has reviewed this technical 

analysis and is proposing to find that 

Alabama’s technical demonstration 

supports the conclusion that the use of 

gasoline with an RVP of 9.0 psi 

throughout the Birmingham Area will 

not interfere with attainment or 

maintenance of any NAAQS or with any 

other applicable requirement of the 

CAA. 

This preamble is hereinafter 

organized into five parts. Section II 

provides the background of the 

Birmingham Area designation status 

with respect to the various ozone 

NAAQS. Section III describes the 

applicable history of federal gasoline 

regulation. Section IV provides the 

Agency’s policy regarding relaxation of 

the volatility standards. Section V 

provides EPA’s analysis of the 

information submitted by Alabama to 

support a change for the conventional 

gasoline volatility standard in the 

Birmingham Area. 

II. What is the background of the 

Birmingham Area? 

The Birmingham Area was originally 

designated as a 1-hour ozone 

nonattainment area by EPA on March 3, 

1978 (43 FR 8962). The Birmingham 

nonattainment area at that time was 

geographically defined as Jefferson 

County, Alabama. On November 6, 

1991, by operation of law under section 

181(a) of the CAA, EPA classified the 

Birmingham nonattainment area as a 

marginal nonattainment area for ozone 

and added Shelby County to the 

nonattainment area. See 56 FR 56693. 

Among the requirements applicable to 

nonattainment areas for the 1-hour 

ozone NAAQS was the requirement to 

meet certain volatility standards (known 

as Reid Vapor Pressure or RVP) for 

gasoline sold commercially. See 55 FR 

23658 (June 11, 1990). As discussed in 

section III, below, a 7.8 psi Federal RVP 

requirement first applied to the Area 

during the high ozone season given its 

status as a marginal nonattainment area 

for the 1-hour ozone standard. 

Subsequently, in order to comply with 

the 1-hour ozone NAAQS, Alabama 

opted to implement a state RVP 

requirement of 7.0 psi for gasoline sold 

in the Birmingham Area during the high 

ozone season. EPA incorporated the 

state RVP requirement of 7.0 psi for 

gasoline sold in the Birmingham Area 

into the Alabama SIP on November 7, 

2001. See 66 FR 56218. 

ADEM originally requested a 

redesignation of the Birmingham Area 

to attainment for the 1-hour ozone 

NAAQS in 1997. EPA disapproved this 

request on September 19, 1997, due to 

a violation of the ozone NAAQS. See 62 

FR 49154. Subsequently, the Area 

attained the 1-hour ozone NAAQS and 

was redesignated to attainment for the 

1-hour ozone on March 12, 2004, based 

on 2001–2003 ambient air quality 

monitoring data. See 69 FR 11798. 

Alabama’s 1-hour ozone redesignation 

request did not include a request to 

remove the 7.0 psi state RVP 

requirement for the Birmingham Area 

from the SIP nor a request to relax the 

7.8 psi Federal RVP standard. 

On April 30, 2004, EPA designated 

and classified areas for the 8-hour ozone 

NAAQS that was promulgated on July 

18, 1997, as unclassifiable/attainment or 

nonattainment for the new 8-hour ozone 

NAAQS. See 69 FR 23857. The 

Birmingham Area was designated as 

nonattainment for the 1997 8-hour 

ozone NAAQS with a design value of 

0.087 parts per million (ppm). 

Subsequently, the Area attained the 

1997 8-hour ozone NAAQS with a 

design value of 0.084 ppm using three 

years of quality assured data for the 

years of 2003–2005. The Area was 

redesignated to attainment for the 1997 

8-hour ozone NAAQS in a final 

rulemaking on May 12, 2006. See 71 FR 

27631. Alabama’s 1997 8-hour ozone 

redesignation request did not include a 

request for the removal of the 7.8 psi 

Federal RVP standard, nor did it include 

a request to change the 7.0 psi state RVP 

requirement for the Birmingham Area. 

However, to support its request for 

redesignation to attainment for the 1997 

8-hour ozone NAAQS, Alabama took a 

conservative approach and estimated 

emissions using a 9.0 psi RVP in its 

modeling supporting the State’s 

maintenance demonstration. 

On March 2, 2012, Alabama 

submitted a SIP revision requesting that 

EPA remove the State’s 7.0 psi RVP 

requirement for the Area from the SIP. 

EPA approved Alabama’s March 2, 

2012, SIP revision on April 20, 2012. 

See 77 FR 23619. In EPA’s final 

rulemaking to remove the State RVP 

requirement, EPA noted that the action 

did not remove the 7.8 psi Federal RVP 

requirement for the Birmingham Area. 

Effective July 20, 2012, EPA 

designated the Birmingham Area as 

unclassifiable/attainment for the 2008 8- 

hour ozone NAAQS. See 77 FR 30088 

(April 30, 2012). Although the 

Birmingham Area is designated as 

attainment, the federal 7.8 psi RVP 

requirement remains in place. 

Alabama is now requesting that EPA 

remove the federal 7.8 psi RVP 

requirement for the Birmingham Area, 

and it submitted a SIP revision on 

November 14, 2014, containing a 

noninterference demonstration to 

support its request. 

III. What is the history of the gasoline 

volatility requirement? 

On August 19, 1987 (52 FR 31274), 

EPA determined that gasoline 

nationwide had become increasingly 

volatile, causing an increase in 

evaporative emissions from gasolinepowered 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 groundlevel ozone can reduce lung function 

(thereby aggravating asthma or other 

respiratory conditions), increase 

susceptibility to respiratory infection, 

and may contribute to premature death 

in people with heart and lung disease. 

The most common measure of fuel 

volatility that is useful in evaluating 

gasoline evaporative emissions is RVP. 

Under section 211(c) of CAA, EPA 

promulgated regulations on March 22, 

1989 (54 FR 11868), that set maximum 

limits for the RVP of gasoline sold 

during the high ozone season. These 

regulations constituted Phase I of a twophase nationwide program, which was 

designed to reduce the volatility of 

commercial gasoline during the summer 

ozone control season. On June 11, 1990 

(55 FR 23658), EPA promulgated more 

stringent volatility controls as Phase II 


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2The six NAAQS for which EPA establishes 

health and welfare based standards are CO, lead, 

NO2, ozone, PM, and SO2. 

3PM is composed of PM2.5 and PM10. 

4EPA notes that the Birmingham Area is located 

within a NOX-limited region. A NOX-limited region 

is one in which the concentration of ozone is 

limited by the amount of NOX emissions. NOX and 

VOC are precursors to the formation of ozone in the 

atmosphere. In a NOX-limited area, high prevailing 

concentrations of VOC from naturally-occurring 

sources are present in the atmosphere to contribute 

to ozone formation. Consequently, reduction of 

manmade, or anthropogenic, sources of VOC 

emissions generally do not generally result in 

reduced ozone formation. Instead, reductions of 

NOX emissions provide a more effective ozone 

reduction strategy because reduced emissions of 

manmade NOX emissions limit the amount of NOX

available in the atmosphere for ozone formation. 

See, e.g., The State of the Southern Oxidants Study 

(SOS) Policy Relevant Findings in Ozone and PM2.5

Pollution Research 1995–2003 (June 30, 2004), 

http://www.ncsu.edu/sos/pubs/sos3/State_of_SOS_

3.pdf. 

of the volatility control program. These 

requirements established maximum 

RVP standards of 9.0 psi or 7.8 psi 

(depending on the State, the month, and 

the area’s initial ozone attainment 

designation with respect to the 1-hour 

ozone NAAQS during the high ozone 

season). 

The 1990 CAA Amendments 

established a new section, 211(h), to 

address fuel volatility. Section 211(h) 

requires EPA to promulgate regulations 

making it unlawful to sell, offer for sale, 

dispense, supply, offer for supply, 

transport, or introduce into commerce 

gasoline with an RVP level in excess of 

9.0 psi during the high ozone season. 

Section 211(h) prohibits EPA from 

establishing a volatility standard more 

stringent than 9.0 psi in an attainment 

area, except that EPA may impose a 

lower (more stringent) standard in any 

former ozone nonattainment area 

redesignated to attainment. 

On December 12, 1991 (56 FR 64704), 

EPA modified the Phase II volatility 

regulations to be consistent with section 

211(h) of the CAA. The modified 

regulations prohibited the sale of 

gasoline with an RVP above 9.0 psi in 

all areas designated attainment for 

ozone, beginning in 1992. For areas 

designated as nonattainment, the 

regulations retained the original Phase II 

standards published on June 11, 1990 

(55 FR 23658). A current listing of the 

RVP requirements for states can be 

found on EPA’s Web site at: http://

www.epa.gov/otaq/fuels/gasolinefuels/

volatility/standards.htm. 

As explained in the December 12, 

1991 (56 FR 64704), Phase II 

rulemaking, EPA believes that 

relaxation of an applicable RVP 

standard is best accomplished in 

conjunction with the redesignation 

process. In order for an ozone 

nonattainment area to be redesignated 

as an attainment area, section 107(d)(3) 

of the Act requires the state to make a 

showing, pursuant to section 175A of 

the Act, that the area is capable of 

maintaining attainment for the ozone 

NAAQS for ten years after 

redesignation. Depending on the area’s 

circumstances, this maintenance plan 

will either demonstrate that the area is 

capable of maintaining attainment for 

ten years without the more stringent 

volatility standard or that the more 

stringent volatility standard may be 

necessary for the area to maintain its 

attainment with the ozone NAAQS. 

Therefore, in the context of a request for 

redesignation, EPA will not relax the 

volatility standard unless the state 

requests a relaxation and the 

maintenance plan demonstrates, to the 

satisfaction of EPA, that the area will 

maintain attainment for ten years 

without the need for the more stringent 

volatility standard. 

As noted above, Alabama did not 

request relaxation of the applicable 7.8 

psi federal RVP standard when the 

Birmingham Area was redesignated to 

attainment for the either the 1-hour or 

the 1997 8-hour ozone NAAQS but did 

take a conservative approach in 

estimating emissions for the 

maintenance plan associated with its 

redesignation request for the 1997 8- 

hour ozone NAAQS by using a level of 

9.0 psi. 

IV. What are the Section 110(l) 

requirements? 

To support Alabama’s request to relax 

the federal RVP requirement in the 

Birmingham Area, the State must 

demonstrate that the requested change 

will satisfy section 110(l) of the CAA. 

Section 110(l) requires that a revision to 

the SIP not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in section 171), or any other applicable 

requirement of the Act. EPA’s criterion 

for determining the approvability of 

Alabama’s November 14, 2014, SIP 

revision is whether the noninterference 

demonstration associated with the 

relaxation request satisfies section 

110(l). Although the modeling 

associated with Alabama’s maintenance 

plans for the 1997 8-hour ozone NAAQS 

and the 1997 Annual PM2.5 and 2006 24- 

hour PM2.5 NAAQS are premised upon 

the 9.0 psi RVP requirements, no 

requests for a change in the federal RVP 

requirement were made at the time that 

EPA approved these plans. EPA’s 

approval of the maintenance plans was 

based on an evaluation of the air quality 

monitoring data at the time of the EPA 

actions, the information provided in the 

individual maintenance plans, and the 

maintenance plan requirements in the 

CAA. 

EPA evaluates each section 110(l) 

noninterference demonstration on a 

case-by-case basis considering the 

circumstances of each SIP revision. EPA 

interprets 110(l) as applying to all 

NAAQS that are in effect, including 

those that have been promulgated but 

for which the EPA has not yet made 

designations. The degree of analysis 

focused on any particular NAAQS in a 

noninterference demonstration varies 

depending on the nature of the 

emissions associated with the proposed 

SIP revision. EPA’s analysis of 

Alabama’s November 14, 2014, SIP 

revision pursuant to section 110(l) is 

provided below. 

EPA notes that in today’s action, it is 

only proposing to approve the State’s 

technical demonstration that the Area 

can continue to attain and maintain the 

NAAQS and meet other CAA 

requirements after switching to the sale 

of gasoline with an RVP of 9.0 psi in the 

Birmingham Area during the high ozone 

season and to amend the SIP to include 

this demonstration. Consistent with 

CAA section 211(h) and the Phase II 

volatility regulations, EPA will initiate a 

separate rulemaking to relax the current 

federal requirement to use gasoline with 

an RVP of 7.8 psi in the Birmingham 

Area. 

V. What is EPA’s analysis of Alabama’s 

submittal? 

a. Overall Preliminary Conclusions 

Regarding Alabama’s Noninterference 

Analyses 

On November 14, 2014, ADEM 

submitted a noninterference 

demonstration to support the State’s 

request to modify the RVP summertime 

gasoline requirement from 7.8 psi to 9.0 

psi for the Birmingham Area. This 

demonstration includes an evaluation of 

the impact that the removal of the 7.8 

psi RVP requirement would have on 

maintenance of the 1997 and 2008 

ozone standards and on the 

maintenance of the other NAAQS.2

Alabama focused its analysis on the 

impact of the change in RVP to 

attainment and maintenance of the 

ozone, PM,3 and NO2 NAAQS because 

RVP requirements do not affect lead, 

sulfur dioxide (SO2), or carbon 

monoxide (CO) emissions; because VOC 

and NOX emissions are precursors for 

ozone 4 and PM; and because NO2 is a 

component of NOX. 

ADEM’s noninterference analysis 

utilized EPA’s 2010b Motor Vehicle 

Emissions Simulator (MOVES) emission 

modeling system to estimate emissions 


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5The 2010b MOVES model was the latest EPA 

mobile source model available to the State at the 

time that it developed its SIP revision. ADEM’s 

modeling using 2010b MOVES conforms with 

EPA’s modeling guidance. 

6Fleet turnover refers to the phenomenon where 

older vehicles built to less stringent emission 

standards are replaced in the fleet by newer 

vehicles built in compliance with more stringent 

standards. ADEM estimated mobile source 

emissions using the fleet turnover assumptions 

included in EPA’s 2010b MOVES model. 

7EPA redesignated the Area to attainment for the 

1-hour ozone standard on March 12, 2004 (69 FR 

11798), and revoked the 1-hour ozone standard on 

April 30, 2004 (69 FR 23858). 

8The Pinson and Providence monitors shut down 

after the 2012 monitoring season. There was not 

enough data at these locations to calculate a 3-year 

average design value. 

for mobile sources.5 These mobile 

source emissions are used as part of the 

evaluation of the potential impacts to 

the NAAQS that might result 

exclusively from changing the high 

ozone season RVP requirement from 7.8 

psi to 9.0 psi. As summarized in Table 

1, below, the MOVES model predicted 

minor increases in mobile source NOX

and VOC emissions from the switch to 

9.0 psi RVP fuel and much larger 

decreases in emissions resulting from 

fleet turnover.6 When considered 

together, these changes are projected to 

decrease mobile source NOX and VOC 

emissions. The modeling results 

summarized in Table 1 also demonstrate 

that the projected increase in mobile 

source NOX and VOC emissions due to 

relaxation of the RVP requirement is 

negligible when compared with total 

NOX and VOC emissions in the Area 

projected for 2015 (approximately 0.1% 

and 0.7%, respectively). 

TABLE 1—EFFECTS ON NOX AND VOC EMISSIONS FROM RVP RELAXATION AND FLEET TURNOVER FOR JEFFERSON AND

SHELBY COUNTIES

Mobile emissions increase 

(2015) with 

RVP change 

of 7.8 to 9.0 

(tons) * 

Mobile emissions decrease from 

2014 to 2015 

fleet turnover 

(tons) * 

Net mobile 

emissions 

(tons) * 

2015 

Emissions 

from all 

sources 

(tons) 

Percent emissions from 

RVP change 

compared 

from all emissions sources 

NOX ...................................................................................... 24 ¥489 ¥465 16,857 0.14 

VOC ..................................................................................... 80 ¥156 ¥76 11,791 0.68 

* Emissions increases with RVP change are estimated for the period June 1 through September 15, 2015. 

Tables 2 and 3, below, show that 

overall 24-hour and annual mobile 

emissions of NOX and VOC are 

projected to continue to decrease in the 

Birmingham Area using a 9.0 psi RVP 

for years 2015 through 2024 and the 

fleet turnover assumptions contained in 

EPA’s 2010b MOVES model. 

TABLE 2—24-HOUR NOX AND VOC MOBILE EMISSIONS

[tons per year (tpy)] 

County 2009 2012 2015 2018 2021 2024 

Jefferson: 

NOX ................................................... 59.26 46.31 35.62 28.05 23.46 20.75 

VOC .................................................. 25.94 20.82 16.92 13.97 12.25 10.76 

Shelby: 

NOX ................................................... 12.72 10.14 7.60 5.98 5.01 4.40 

VOC .................................................. 4.85 3.97 3.15 2.60 2.28 1.99 

TABLE 3—ANNUAL MOBILE NOX AND VOC EMISSIONS

[(tpy)] 

County 2009 2012 2015 2018 2021 2024 

Jefferson: 

NOX ................................................... 20364.40 15957.15 12237.62 9631.63 8053.95 7140.21 

VOC .................................................. 8974.65 7243.40 5882.42 4869.55 4232.64 3771.41 

Shelby: 

NOX ................................................... 4428.17 3518.57 2641.41 2079.50 1741.02 1532.55 

VOC .................................................. 1687.59 1382.34 1100.43 909.52 789.92 701.11 

b. Noninterference Analysis for the 

Ozone NAAQS 

As discussed above, the Birmingham 

Area is currently designated as 

attainment for both the 1997 8-hour 

ozone NAAQS and the 2008 8-hour 

ozone NAAQS.7 Although the Area was 

previously designated as nonattainment 

for the 1997 8-hour ozone NAAQS, the 

Birmingham Area was redesignated to 

attainment for that NAAQS on May 12, 

2006. See 71 FR 27631. Because the 

2008 8-hour ozone NAAQS is more 

stringent than the 1997 8-hour standard, 

Alabama’s November 14, 2014, 

noninterference demonstration for the 

ozone NAAQS is focused on the 2008 8- 

hour standard. The 2008 8-hour ozone 

NAAQS is met when the annual fourthhighest daily maximum 8-hour average 

concentration, averaged over 3 years is 

0.075 ppm or less. As shown in Table 

4, all ozone monitors in the Birmingham 

Area are currently well below the 2008 

8-hour ozone standard. 


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9Walker County is not subject to the Federal RVP 

requirement because it is not part of the ozone Area. 

10 In anticipation of a future request to change the 

Federal RVP requirement, Alabama used an RVP of 

9.0 psi in its modeling to support the maintenance 

plans for the 1997 Annual PM2.5 NAAQS and the 

2006 24-hour PM2.5 NAAQS. 

TABLE 4—BIRMINGHAM AREA OZONE DESIGN VALUES

Monitor 2007–2009 DV 2008–2010 DV 2009–2011 DV 2010–2012 DV 2011–2013 DV 2012–2014 DV 

Corner ...................................................... 0.076 0.070 0.070 0.073 0.070 0.065 

Fairfield .................................................... 0.074 0.069 0.070 0.075 0.071 0.068 

Helena ...................................................... 0.081 0.074 0.072 0.075 0.073 0.068 

Hoover ...................................................... 0.080 0.075 0.075 0.077 0.073 0.067 

Leeds ....................................................... 0.072 0.069 0.071 0.076 0.074 0.069 

McAdory ................................................... 0.078 0.073 0.075 0.077 0.074 0.068 

North Birmingham .................................... 0.079 0.072 0.071 0.075 0.071 0.067 

Pinson ...................................................... 0.074 0.072 0.070 0.074 8— — 

Providence ............................................... 0.074 0.070 0.070 0.074 — — 

Tarrant ...................................................... 0.079 0.073 0.074 0.080 0.076 0.070 

— indicates no data available. 

Table 4 also shows that there is an 

overall downward trend in ozone 

concentrations in the Birmingham Area. 

This decline can be attributed to federal 

and State programs that have led to 

significant emissions reductions in 

ozone precursors. Given this downward 

trend, the current ozone concentrations 

in the Area, and the results of Alabama’s 

mobile source modeling, EPA has 

preliminarily determined that a change 

to 9.0 psi RVP fuel in the Birmingham 

Area would not interfere with 

maintenance of the 1997 or 2008 ozone 

NAAQS in the Area. 

c. Noninterference Analysis for the PM 

NAAQS 

Over the course of several years, EPA 

has reviewed and revised the PM2.5

NAAQS a number of times. On July 16, 

1997, EPA established an annual PM2.5

NAAQS of 15.0 micrograms per cubic 

meter (mg/m3), based on a 3-year average 

of annual mean PM2.5 concentrations, 

and a 24-hour PM2.5 NAAQS of 65 mg/ 

m3, based on a 3-year average of the 

98th percentile of 24-hour 

concentrations. See 62 FR 36852 (July 

18, 1997). On September 21, 2006, EPA 

retained the 1997 Annual PM2.5 NAAQS 

of 15.0 mg/m3 but revised the 24-hour 

PM2.5 NAAQS to 35 mg/m3, based again 

on a 3-year average of the 98th 

percentile of 24-hour concentrations. 

See 71 FR 61144 (October 17, 2006). On 

December 14, 2012, EPA retained the 

2006 24-hour PM2.5 NAAQS of 35 mg/m3

but revised the annual primary PM2.5

NAAQS to 12.0 mg/m3, based again on 

a 3-year average of annual mean PM2.5

concentrations. See 78 FR 3086 (January 

15, 2013). 

EPA promulgated designations for the 

1997 Annual PM2.5 NAAQS on January 

5, 2005 (70 FR 944), and April 14, 2005 

(70 FR 19844). Jefferson and Shelby 

Counties in their entireties, and a 

portion of Walker County (hereinafter 

referred to as the ‘‘1997 Annual PM2.5

Birmingham Area’’) were designated 

nonattainment for the 1997 Annual 

PM2.5 standards, and all other counties 

(or portions thereof) in Alabama were 

designated unclassifiable/attainment.9

On November 13, 2009 (74 FR 58688), 

EPA designated the same counties (or 

portions thereof) in the State that were 

nonattainment for the 1997 Annual 

PM2.5 standards as nonattainment for 

the 2006 24-hour PM2.5 standards 

(hereinafter referred to as the ‘‘2006 24- 

hour PM2.5 Birmingham Area’’). On 

January 22, 2013, EPA redesignated the 

1997 Annual PM2.5 Birmingham Area to 

attainment for the 1997 Annual PM2.5

NAAQS.10 See 78 FR 4341. Additionally, 

on January 25, 2013, EPA redesignated 

the 2006 24-hour PM2.5 Birmingham 

Area to attainment for the 2006 24-hour 

PM2.5 NAAQS. See 78 FR 5306. 

As mentioned above, EPA revised the 

Annual PM2.5 NAAQS in December 

2012. EPA completed designations for 

the 2012 Annual PM2.5 NAAQS for most 

areas on December 14, 2015, and 

designated the Birmingham Area as 

unclassifiable/attainment. See 80 FR 

2206 (January 15, 2015). 

The main precursor pollutants for 

PM2.5 are NOX, SO2, VOC, and 

ammonia. As mentioned earlier in this 

rulemaking, the Federal RVP 

requirements only result in emissions 

benefits for VOC and NOX. Therefore, 

Alabama focused on these two PM2.5

precursors in its analysis of the 

potential impact of changing the RVP 

requirements for the Birmingham Area 

on the PM2.5 NAAQS. 

The PM2.5 monitoring data 

summarized in Table 5 shows that the 

PM2.5 annual and 24-hour design values 

are well below the NAAQS and have 

been decreasing overall since 2008. 

TABLE 5—PM2.5 DESIGN VALUES

Year 2008–2010 2009–2011 2010–2012 2011–2013 

Annual Design Values 

Jersey .............................................................................................................. 12.7 12.0 12.0 11.1 

Leeds ............................................................................................................... 11.9 11.6 11.6 11.0 

McAdory ........................................................................................................... 11.5 11.3 11.2 10.5 

North Birmingham ............................................................................................ 13.7 12.9 13.0 11.9

24-Hour Design Values 

Jersey .............................................................................................................. 28 26 25 23

Leeds ............................................................................................................... 22 23 23 22

McAdory ........................................................................................................... 23 23 23 22 


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Federal Register / Vol. 80, No. 30 / Friday, February 13, 2015 / Proposed Rules 8023 

11EPA has also preliminarily determined that a 

change to 9.0 psi RVP fuel in the Birmingham Area 

would not interfere with maintenance of the 

Annual PM10 NAAQS of 150 mg/m3 given the 

results of Alabama’s mobile source modeling and 

the fact that the Area is currently attaining the PM10

standard. Because PM2.5 is a component of PM10, 

this preliminary determination is further supported 

by the downward trend in PM2.5 identified above. 

TABLE 5—PM2.5 DESIGN VALUES—Continued 

Year 2008–2010 2009–2011 2010–2012 2011–2013 

North Birmingham ............................................................................................ 29 27 26 24 

1997 Annual PM2.5 NAAQS: 15 μg/m3. 

2006 24-hour PM2.5 NAAQS: 35 μg/m3. 

Given the current PM2.5

concentrations and downward trend of 

these concentrations in the Area and the 

results of Alabama’s mobile source 

modeling, EPA has preliminarily 

determined that a change to 9.0 psi RVP 

fuel in the Birmingham Area would not 

interfere with maintenance of the 1997 

Annual PM2.5 NAAQS or the 2006 24- 

hour PM2.5 NAAQS in the Area.11

d. Noninterference Analysis for the 2010 

NO2 NAAQS 

On February 17, 2012, EPA 

designated all counties in Alabama as 

unclassifiable/attainment for the 2010 

NO2 NAAQS. See 77 FR 9532. Based on 

the technical analysis in Alabama’s 

November 14, 2014, SIP revision, the 

potential increase in NOX emissions 

associated with the change to 9.0 psi 

RVP fuel in the Birmingham Area is 

approximately 24 tons during high 

ozone season. As discussed in section 

V.a, above, the slight projected increase 

in mobile source NOX emissions due to 

the fuel switch will be negated by a 

decrease in tailpipe emissions due to 

fleet turnover. Given the current 

unclassifiable/attainment designation 

and the results of Alabama’s mobile 

source modeling, EPA has preliminarily 

determined that a change to 9.0 psi RVP 

fuel in the Birmingham Area would not 

interfere with maintenance of the 2010 

NO2 NAAQS in the Area. 

VI. Proposed Action 

EPA is proposing to approve the State 

of Alabama’s noninterference 

demonstration, submitted on November 

14, 2014, in support of the State’s 

request that EPA change the Federal 

RVP requirements for the Birmingham 

Area from 7.8 psi to 9.0 psi. 

Specifically, EPA is proposing to find 

that this change in the RVP 

requirements for the Birmingham Area 

will not interfere with attainment or 

maintenance of any NAAQS or with any 

other applicable requirement of the 

CAA. 

EPA has preliminarily determined 

that Alabama’s November 14, 2014, SIP 

revision, containing the noninterference 

demonstration associated with the 

State’s request for the change of the 

Federal RVP requirements is consistent 

with the applicable provisions of the 

CAA. EPA is not proposing action today 

to remove the Birmingham Area from 

the Federal 7.8 psi RVP requirement. 

Any such proposal will occur in a 

separate and subsequent rulemaking. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submittal that 

complies with the provisions of the Act 

and applicable federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely proposes to approve state 

law as meeting Federal requirements 

and does not propose to impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, October 7, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements and Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 4, 2015. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2015–02942 Filed 2–12–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 61, and 63 

[EPA–HQ–OAR–2014–0738; FRL 9922–91– 

OAR] 

Receipt of Approval Requests for the 

Operation of Pressure-Assisted MultiPoint Ground Flare Technology 

AGENCY: Environmental Protection 

Agency. 

ACTION: Request for comments. 


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