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[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23619-23622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9446]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0118; FRL-9662-4]

Approval and Promulgation of Implementation Plans; Alabama: 
Removal of State Low-Reid Vapor Pressure Requirement for the Birmingham 
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a revision to the 
Alabama State Implementation Plan (SIP), submitted by the Alabama 
Department of Environmental Management (ADEM), on January 10, 2012, for 
parallel processing. ADEM submitted the final version of the SIP 
revision on March 2, 2012. The revision modifies Alabama's SIP to move 
Chapter 335-3-20 ``Control of Fuels,'' which includes the regulation 
that governs the State's 7.0 pounds per square inch (psi) requirement 
for the low-Reid Vapor Pressure (RVP) fuel program in Jefferson and 
Shelby Counties (hereafter referred to as the ``Birmingham Area'') from 
the active measures portion of the Alabama SIP to the contingency 
measures portions of the maintenance plans for the Birmingham Area for 
the ozone national ambient air quality standards (NAAQS or standards), 
and of the proposed maintenance plans for the 1997 annual fine 
particulate matter (PM2.5) standards, and the 2006 24-hour 
PM2.5 standards, when those actions are finalized. The 
change to the SIP will result in the federal RVP requirement of 7.8 psi 
applying for the Birmingham Area. EPA is approving this SIP revision 
because the State has demonstrated that it is consistent with section 
110 of the Clean Air Act (CAA or Act).

DATES: This final rule is effective April 20, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R04-OAR-2012-0118. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business

[[Page 23620]]

information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy for public 
inspection during normal business hours at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9043. Mr. Lakeman can also be reached via electronic mail at 
lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for this final action?
II. What is the effect of this action?
III. What is EPA's final action?
IV. Statutory and Executive Order Reviews

I. What is the background for this final action?

    On March 2, 2012, ADEM submitted a revision to the Alabama SIP to 
move the state-level RVP requirement of 7.0 psi from the active 
measures portions of the SIP to the contingency measures portions of 
the SIP. The applicable RVP requirement would then be the federal 7.8 
psi requirement and the 7.0 psi state-level requirement would be a part 
of the maintenance plans as contingency measures for the NAAQS 
discussed above. The State is not seeking a change to the federal RVP 
requirements of 7.8 psi that are applicable to the Birmingham Area.
    Section 211(h) of the CAA requires EPA to set a maximum RVP 
standard of 9.0 psi during the high ozone season, which is defined as 
June 1st through September 15th of each year. See also 40 CFR 80.27. 
The CAA provides for more stringent requirements to be established for 
ozone nonattainment areas. In accordance with CAA section 211(h), EPA 
established a two-phase reduction in high ozone season commercial 
gasoline volatility. These rules focus on reducing gasoline emissions 
of volatile organic compounds (VOC). Phase I was applicable to calendar 
years 1989 through 1991. Depending on the state and month, gasoline RVP 
was not to exceed 10.5 psi, 9.5 psi, or 9.0 psi. See 54 FR 11868 (March 
22, 1989). Phase II was applicable to calendar years 1992 and later. 
Depending on the state and month, gasoline RVP may not exceed 9.0 psi 
or 7.8 psi. See 55 FR 23658 (June 11, 1990). 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.
    The Birmingham Area was originally classified 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 the 1-hour ozone NAAQS and added 
Shelby County to the nonattainment area (56 FR 56693). The 
nonattainment classification for the Birmingham marginal ozone area was 
based on ambient air sampling measurements for ozone made during 1987-
1989. As an ozone nonattainment area, the Birmingham Area was subject 
to the federal RVP requirements of 7.8 psi for both Jefferson and 
Shelby Counties.
    Section 211(c)(4)(C) of the CAA allows states to seek a waiver from 
EPA to adopt into the federally-approved SIP, a state fuel program that 
is more stringent than federal requirements. Subsequently, in 2001, EPA 
approved a state fuel program that imposed a 7.0 psi requirement for 
this area, under section 211(c)(4)(C) of the CAA. The low-RVP fuel 
program required that all gasoline sold during the control period (June 
1st through September 15th) in the Birmingham Area contain a maximum 
RVP of 7.0 psi.
    The Birmingham Area subsequently attained the 1-hour ozone NAAQS 
and was redesignated for that NAAQS on March 12, 2004. See 69 FR 11798. 
At that time, ADEM included the 7.0 psi RVP requirement in its 
maintenance plan. Thereafter, the Birmingham Area was designated as a 
nonattainment for the more stringent 1997 8-hour ozone NAAQS, effective 
June 15, 2004 (69 FR 23858). On May 12, 2006 (71 FR 27631), the 
Birmingham Area was redesignated to attainment for the 1997 8-hour 
ozone NAAQS.\1\ As part of the requirement to be redesignated to 
attainment, ADEM developed a maintenance plan pursuant to CAA section 
175A(a) that demonstrated the Area would maintain the 1997 8-hour ozone 
NAAQS for at least 10 years after redesignation. In that maintenance 
demonstration, ADEM, in its emissions projections, adopted a 
conservative approach to the fuel requirement in the Area by assuming a 
high ozone season RVP requirement of 9.0 psi as opposed to 7.0 psi.\2\ 
The State demonstrated that the Area could continue to maintain the 
ozone NAAQS with the 9.0 psi requirement.
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    \1\ On March 12, 2008, EPA promulgated a revised 8-hour ozone 
NAAQS--also known as the 2008 8-hour ozone NAAQS. Currently, the 
Agency is reviewing individual area's compliance with the revised 8-
hour ozone NAAQS and anticipates completing a designation process in 
the Spring of 2012. Today's rulemaking is not related to the 2008 8-
hour ozone NAAQS, however, EPA notes that 2008-2010 and preliminary 
2009-2011 monitoring data suggests that the Birmingham Area is 
attaining the 2008 8-hour ozone NAAQS.
    \2\ The Birmingham Area was also designated nonattainment for 
the 1997 PM2.5 and the 2006 PM2.5 NAAQS. In 
association with these redesignation requests, EPA proposed to 
approve maintenance plans which assume a high ozone season RVP 
requirement of 7.8 psi as opposed to the State requirement of 7.0 
psi. Throughout this rulemaking, EPA's reference to the maintenance 
plans for the 1997 PM2.5 and 2006 PM2.5 NAAQS 
is in reference to the proposed maintenance plans because these 
plans have been proposed for approval by EPA but have not yet been 
finalized.
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    EPA's primary consideration for determining the approvability of 
Alabama's SIP revision is whether this requested action complies with 
section 110(l) of the CAA. Section 110(l) of the CAA states:

    Plan Revision--Each revision to an implementation plan submitted 
by a State under this chapter shall be adopted by such State after 
reasonable notice and public hearing. The Administrator shall not 
approve a revision of a plan if the revision would interfere with 
any applicable requirement concerning attainment and reasonable 
further progress (as defined in section 7501 of this title), or any 
other applicable requirement of this chapter. 42 U.S.C. 7410(l).

    Alabama's March 2, 2012, SIP revision requested only that the 
state-level requirement of 7.0 psi be moved from the active measures 
portions of the Alabama SIP to the contingency measures portions of the 
maintenance plans for the ozone NAAQS, the annual 1997 PM2.5 
standards and the 2006 24-hour PM2.5 standards. Because the 
RVP requirements currently are a part of the SIP, the revision must 
meet the requirements of CAA section 110(l). Therefore, as part of 
Alabama's SIP revision request to change its RVP requirement, Alabama 
must demonstrate that the revision will not interfere with the 
attainment or maintenance of any of the NAAQS or any other applicable 
requirement of the CAA.
    Developing what is necessary for a SIP revision to comply with 
section

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110(l) is a case-by-case determination based upon the circumstances of 
each 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 specific elements of the SIP 
revision depend on the circumstances and emissions analyses. The 
State's request does not involve a modification of the 7.8 psi federal 
RVP requirement, which is separately applicable by federal regulation 
(40 CFR 80.27) to both Jefferson and Shelby Counties. On March 5, 2012, 
EPA published a proposed rulemaking to approve the January 10, 2012, 
SIP revision under parallel processing. See 77 FR 13055. The proposed 
rulemaking considered the potential impacts with regard to a difference 
in RVP requirements for the Birmingham Area between the state-level 
requirement of 7.0 psi and the federal-level requirement of 7.8 psi.
    Alabama's March 2, 2012, SIP revision included an evaluation of the 
impact that the removal of the 7.0 psi state-level RVP requirement 
would have on the applicable NAAQS. For the purposes of this change, 
EPA made the preliminary determination that the applicable NAAQS \3\ of 
interest for the noninterference demonstration required by section 
110(l) of the CAA are the ozone, particulate matter and nitrogen oxides 
(NO2) standards because the RVP requirements result 
primarily in emissions benefits for VOCs and nitrogen oxides 
(NOX). VOCs and NOX emissions are precursors for 
ozone and particulate matter, and NO2 is a component of 
NOX. Information regarding the State's analysis is provided 
in the EPA's March 5, 2012, proposed rulemaking. There are no emissions 
reductions attributable to the emissions of carbon monoxide (CO), lead 
and sulfur dioxide (SO2) from RVP requirements. As a result, 
there is no information indicating the revision would have any impact 
on those NAAQS. Additionally, the Birmingham Area is currently 
designated attainment for the CO, lead and SO2 NAAQS, and is 
continuing to attain these standards. Therefore, the analysis in the 
March 5, 2012, rulemaking focused on the impact of Alabama's changes to 
the RVP requirements on the ozone, particulate matter and 
NO2 NAAQS. See 77 FR 13055.
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    \3\ The six NAAQS that EPA establishes health and welfare based 
standards are CO, lead, NO2, ozone, particulate matter, 
and SO2.
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    EPA's March 5, 2012 (77 FR 13055), proposed approval was contingent 
upon Alabama providing EPA with a final SIP revision that was not 
changed significantly from the January 10, 2012, revision. Alabama 
provided its final SIP revision on March 2, 2012. There were no 
significant changes made to the final submittal. There are minor 
differences between the draft and final SIP submittals due to changes 
made by ADEM in response to comments made by EPA during the public 
comment period. EPA received no adverse comments on the March 5, 2012, 
proposed rulemaking.

II. What is the effect of this action?

    The action being finalized today will remove the 7.0 psi 
requirement from the active portion of the Alabama SIP to the 
contingency measures portion of the maintenance plans for the ozone, 
and the proposed maintenance plans for the 1997 PM2.5 and 
2006 PM2.5 NAAQS, if finalized. This change will result in 
the federal RVP requirement of 7.8 psi applying for the Birmingham 
Area.

III. What is EPA's final action?

    EPA is taking final action to approve Alabama's March 2, 2012, SIP 
revision regarding the State's regulation at Chapter 335-3-20 ``Control 
of Fuels'' which identifies Alabama's 7.0 psi requirement for the low-
RVP fuel program in the Birmingham Area (i.e., Jefferson and Shelby 
Counties). Specifically, Alabama's March 2, 2012, SIP revision moves 
the State's 7.0 psi requirement for low-RVP fuel program in the 
Birmingham Area from the active measures portion to the contingency 
measures portions of the maintenance plans for ozone standards, and the 
proposed maintenance plans for the annual 1997 PM2.5 
standard and the 2006 24-hour PM2.5 standard, if finalized. 
This final will result in applicability of the federal RVP requirement 
of 7.8 psi for the Birmingham Area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. This 
is because a delayed effective date is unnecessary and will eliminate 
any uncertainty as to which fuel requirement refiners that supply fuel 
to the Area must adhere to for the summer of 2012. The immediate 
effective date for this action is authorized under both 5 U.S.C. 
553(d)(1), which provides that rulemaking actions may become effective 
less than 30 days after publication if the rule grants or recognizes an 
exemption or relieves a restriction, and section 553(d)(3), which 
allows an effective date less than 30 days after publication as 
otherwise provided by the agency for good cause found and published 
with the rule. The purpose of the 30-day waiting period prescribed in 
section 553(d) is to give affected parties a reasonable time to adjust 
their behavior and prepare before the final rule takes effect. Today's 
rule, however, does not create any new regulatory requirements such 
that affected parties would need time to prepare before the rule takes 
effect. Rather, today's rule will provide refiners time to plan for and 
supply fuel to the area. For these reasons, EPA finds good cause under 
5 U.S.C. 553(d)(3) for this action to become effective on the date of 
publication of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission 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 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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, August 10, 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

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     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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 19, 2012. 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements and Volatile organic 
compounds.

    Dated: April 11, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart B--Alabama

0
2. Section 52.50(c) is amended by revising the heading for ``Chapter 
No. 335-3-20,'' and the entries for ``Section 335-3-20-.01,'' ``Section 
335-3-20-.02,'' and ``Section 335-3-20-.03'' to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Alabama Regulations
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                                                                State
          State citation                Title/subject      effective date    EPA approval date      Explanation
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                                                  * * * * * * *
                                          Chapter No. 335-3-20 Reserved
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Section 335-3-20-.01..............  Reserved.............          4/3/12  4/20/12 [Insert        ..............
                                                                            citation of
                                                                            publication].
Section 335-3-20-.02..............  Reserved.............          4/3/12  4/20/12 [Insert        ..............
                                                                            citation of
                                                                            publication].
Section 335-3-20-.03..............  Reserved.............          4/3/12  4/20/12 [Insert        ..............
                                                                            citation of
                                                                            publication].
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[FR Doc. 2012-9446 Filed 4-19-12; 8:45 am]
BILLING CODE 6560-50-P
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