Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 26191 

amended by revising the entry for Part 

1 (20.11.1 NMAC) and adding in 

sequential order an entry for Part 47 

(20.11.47 NMAC) to read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

New Mexico Administrative Code (NMAC) Title 20—Environmental Protection Chapter 11—Albuquerque/Bernalillo County Air Quality 

Control Board 

Part 1 (20.11.1 NMAC) ............ General Provisions ................. 12/15/2010 5/7/2015 [Insert Federal Register citation].

* * * * * * * 

Part 47 (20.11.47 NMAC) ........ Emissions Inventory Requirements.10/18/2012 5/7/2015 [Insert Federal Register citation].

* * * * * * * 

[FR Doc. 2015–10481 Filed 5–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


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26192 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 

1North American Industry Classification System. 

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. 

Examples of potentially regulated 

entities 

NAICS1

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. 

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 


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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 26193 

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). 

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 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

On March 2, 2012, the state of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), submitted a 

proposed revision to Alabama’s SIP 


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26194 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 

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 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. 


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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 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 

■ 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). 

* * * * * * * 

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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