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[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38284-38289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16392]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2014-0905; FRL 9929-90-OAR]
RIN 2060-AS58

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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a request from the state of Alabama for the EPA to 
relax the Reid Vapor Pressure (RVP) standard applicable to gasoline 
introduced into commerce from June 1 to September 15 of each year for 
Jefferson and Shelby counties (``the Birmingham area''). Specifically, 
the EPA is approving amendments to the regulations to change the RVP 
standard for the Birmingham area from 7.8 pounds per square inch (psi) 
to 9.0 psi for gasoline. The EPA has determined that this change to the 
federal RVP regulation is consistent with the applicable provisions of 
the Clean Air Act (CAA). Additionally, the EPA is responding to adverse 
comments received for this action.

DATES: This final rule is effective on July 2, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2014-0905. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of Transportation 
and Air Quality, Environmental Protection Agency, 2000 Traverwood 
Drive, Ann Arbor, Michigan 48105; telephone number: (734) 214-4476; fax 
number: (734) 214-4052; email address: klavon.patty@epa.gov.

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in 
the following outline:

I. General Information
II. Action Being Taken
III. History of the Gasoline Volatility Requirement
IV. The EPA's Policy Regarding Relaxation of Volatility Standards in 
Ozone Nonattainment Areas That Are Redesignated as Attainment Areas
V. Alabama's Request To Relax the Federal RVP Requirement for the 
Birmingham Area
VI. Response to Comments
VII. Final Action
VIII. Statutory and Executive Order Reviews
IX. Legal Authority and Statutory Provisions

    Effective date. Section 553(d) of the Administrative Procedure Act 
(APA), 5 U.S.C. Chapter 5, generally provides that rules may not take 
effect earlier than 30 days after they are published in the Federal 
Register. The EPA is issuing this final rule under CAA section 
307(d)(1). CAA section 307(d)(1) states: ``The provisions of section 
553 through 557 . . . of Title 5 shall not, except as expressly 
provided in this subsection, apply to actions to which this subsection 
applies.'' Thus, section 553(d) of the APA does not apply to this rule. 
The EPA is nevertheless acting consistently with the policies 
underlying APA section 553(d) in making this rule effective on July 2, 
2015. APA section 553(d) allows an effective date less than 30 days 
after

[[Page 38285]]

publication for a rule ``that grants or recognizes an exemption or 
relieves a restriction.'' 5 U.S.C. 553(d)(1). This rule fits within 
that exception because it lifts a restriction on the introduction into 
commerce of gasoline with a RVP of greater than 7.8 psi sold in 
Jefferson and Shelby counties, Alabama (``the Birmingham area'') 
between June 1 and September 15 of each year. Because this action can 
be considered to relieve a restriction that would otherwise prevent the 
introduction into commerce of gasoline with an RVP of greater than 7.8 
psi, the EPA is making this action effective on July 2, 2015.

I. General Information

A. Does this action apply to me?

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

------------------------------------------------------------------------
                                                             NAICS \1\
       Examples of potentially regulated entities              Codes
------------------------------------------------------------------------
Petroleum refineries....................................          324110
Gasoline Marketers and Distributors.....................          424710
                                                                  424720
Gasoline Retail Stations................................          447110
Gasoline Transporters...................................          484220
                                                                  484230
------------------------------------------------------------------------
\1\ North American Industry Classification System

    The above table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this action. The table lists the types of entities of which the EPA 
is aware that potentially could be affected by this rule. Other types 
of entities not listed on the table could also be affected by this 
rule. To determine whether your organization could be affected by this 
rule, you should carefully examine the regulations in 40 CFR 80.27. If 
you have questions regarding the applicability of this action to a 
particular entity, contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this preamble.

B. What is the EPA's authority for taking this action?

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

II. Action Being Taken

    This final rule approves a request from the state of Alabama to 
change the summertime RVP standard for the Birmingham area from 7.8 psi 
to 9.0 psi by amending the EPA's regulations at 40 CFR 80.27(a)(2). In 
a previous rulemaking, the EPA approved a state implementation plan 
(SIP) revision from the state of Alabama which provided a technical 
demonstration that relaxing the federal RVP requirement from 7.8 psi to 
9.0 psi for gasoline sold from June 1 to September 15 of each year in 
the Birmingham area would not interfere with maintenance of the 
national ambient air quality standards (NAAQS) in the Birmingham area. 
For more information on Alabama's SIP revision, please refer to the 
April 17, 2015 rulemaking (80 FR 21170).
    The preamble for this rulemaking is organized as follows: Section 
III. provides the history of the federal gasoline volatility 
regulation. Section IV. describes the policy regarding relaxation of 
volatility standards in ozone nonattainment areas that are redesignated 
as attainment areas. Section V. provides information specific to 
Alabama's request for the Birmingham area. Section VI. provides the 
EPA's response to the adverse comments received on the May 7, 2015 
notice of proposed rulemaking (80 FR 26212). Finally, Section VII. 
presents the final action in response to Alabama's request.

III. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), the EPA determined that gasoline 
nationwide was becoming increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOC), are precursors to the formation of tropospheric ozone 
and contribute to the nation's ground-level ozone problem. Exposure to 
ground-level ozone can reduce lung function, thereby aggravating asthma 
and other respiratory conditions, increase susceptibility to 
respiratory infection, and may contribute to premature death in people 
with heart and lung disease.
    The most common measure of fuel volatility that is useful in 
evaluating gasoline evaporative emissions is RVP. Under CAA section 
211(c), the EPA promulgated regulations on March 22, 1989 (54 FR 11868) 
that set maximum limits for the RVP of gasoline sold during the 
regulatory control periods that were established on a state-by-state 
basis in the final rule. The regulatory control periods addressed the 
portion of the year when peak ozone concentrations were expected. These 
regulations constituted Phase I of a two-phase nationwide program, 
which was designed to reduce the volatility of gasoline during the high 
ozone season. On June 11, 1990 (55 FR 23658), the EPA promulgated more 
stringent volatility controls as Phase II of the volatility control 
program. These requirements established maximum RVP standards of 9.0 
psi or 7.8 psi (depending on the state, the month, and the area's 
initial ozone attainment designation with respect to the 1-hour ozone 
NAAQS.)
    The 1990 CAA Amendments established a new section 211(h) to address 
fuel volatility. CAA section 211(h) requires the EPA to promulgate 
regulations making it unlawful to sell, offer for sale, dispense, 
supply, offer for supply, transport, or introduce into commerce 
gasoline with an RVP level in excess of 9.0 psi during the high ozone 
season. CAA section 211(h) also prohibits the EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that the EPA may impose a lower (more stringent) standard in any 
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), the EPA modified the Phase II 
volatility regulations to be consistent with CAA section 211(h). The 
modified regulations prohibited the sale of gasoline with an RVP above 
9.0 psi in all areas designated attainment for ozone, effective January 
13, 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658), which included the 7.8 psi ozone season limitation for 
certain areas. As stated in the preamble to the Phase II volatility 
controls and reiterated in the proposed change to the volatility 
standards published in 1991, the EPA will rely on states to initiate 
changes to their respective volatility programs. The EPA's policy for 
approving such changes is described below in Section IV. of this 
action.
    The state of Alabama 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.

[[Page 38286]]

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

    As stated in the preamble for the EPA's amended Phase II volatility 
standards (56 FR 64706), any change in the volatility standard for a 
nonattainment area that was subsequently redesignated as an attainment 
area must be accomplished through a separate rulemaking that revises 
the applicable standard for that area. Thus, for former 1-hour ozone 
nonattainment areas where the EPA mandated a Phase II volatility 
standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the 
federal 7.8 psi RVP requirement remains in effect, even after such an 
area is redesignated to attainment, until a separate rulemaking is 
completed that relaxes the federal RVP standard in that area from 7.8 
psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, the EPA believes 
that relaxation of an applicable RVP standard is best accomplished in 
conjunction with the redesignation process. In order for an ozone 
nonattainment area to be redesignated as an attainment area, CAA 
section 107(d)(3) requires the state to make a showing, pursuant to CAA 
section 175A, that the area is capable of maintaining attainment for 
the ozone NAAQS for ten years. Depending on the area's circumstances, 
this maintenance plan will either demonstrate that the area is capable 
of maintaining attainment for ten years without the more stringent 
volatility standard or that the more stringent volatility standard may 
be necessary for the area to maintain its attainment with the ozone 
NAAQS. Therefore, in the context of a request for redesignation, the 
EPA will not relax the volatility standard unless the state requests a 
relaxation and the maintenance plan demonstrates to the satisfaction of 
the EPA that the area will maintain attainment for ten years without 
the need for the more stringent volatility standard.
    Alabama did not request relaxation of the federal RVP standard from 
7.8 psi to 9.0 psi when the Birmingham area was redesignated to 
attainment for either the 1-hour ozone NAAQS or the 1997 ozone NAAQS. 
However, Alabama took a conservative approach in developing maintenance 
plans associated with those redesignation requests by estimating 
emissions using a federal RVP requirement of 9.0 psi.

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

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

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

    On March 2, 2012, the state of Alabama, through the Alabama 
Department of Environmental Management (ADEM), submitted a proposed 
revision to Alabama's SIP removing the state-level RVP requirement to 
use 7.0 psi RVP gasoline in the Birmingham area during the summertime 
ozone season. The EPA approved the revision in an April 20, 2012 final 
rule. See 77 FR 23619. The revision to the Alabama SIP resulted in the 
federal RVP requirement of 7.8 psi applying to the Birmingham area.
    On November 14, 2014, the state of Alabama submitted a proposed 
revision to its SIP demonstrating that removal of the federal RVP 
requirement of 7.8 psi for gasoline during the summer ozone season in 
the Birmingham area would not interfere with maintenance of any NAAQS. 
Specifically, the state provided a technical demonstration showing that 
relaxing the federal RVP requirements in the Birmingham area from 7.8 
psi to 9.0 psi would not interfere with maintenance of the NAAQS or 
with any other applicable requirement of the CAA.
    The EPA evaluated and approved Alabama's November 14, 2014 SIP 
revision in a previous rulemaking that was subject to public notice-
and-comment. The EPA received two comments on that rulemaking, and 
those comments were addressed in the final rule for that rulemaking. 
See 80 FR 21170 (April 17, 2015). The comments received can be found in 
the docket for that rulemaking (EPA-R04-OAR-2014-0867).
    In this final action, the EPA is taking the second and final step 
in the process to approve Alabama's request to relax the summertime 
ozone season RVP standard for the Birmingham area from 7.8 psi to 9.0 
psi. This final action to approve Alabama's request to relax the 
summertime ozone season RVP standard for the Birmingham area from 7.8 
psi to 9.0 psi is based on the EPA's April 18, 2015 approval of 
Alabama's November 14, 2014 SIP revision, and the fact that the 
Birmingham area is currently in attainment for all ozone NAAQS.

VI. Response to Comments

    On May 7, 2015, the EPA published a direct final rule to approve a 
request from Alabama for the EPA to relax the RVP standard for the 
Birmingham Area. See 80 FR 26191. The EPA published a parallel proposal 
(See 80 FR 26212) in the event that adverse comments were received such 
that the direct final rule would need to be withdrawn. In the direct 
final rule, the EPA stated that the direct final rule would be 
withdrawn and would not take effect if adverse comments were received 
by June 8, 2015. The EPA further stated that the corresponding proposed 
rule would remain in effect and that the EPA would respond to any 
adverse comments received in a subsequent final rule provided the EPA 
was able to address such comments.\4\ The EPA has received comments on 
the rulemaking. Although, for the reasons discussed below, these 
comments are outside of the scope of this action, the EPA is treating 
these comments as adverse. Therefore, the EPA has withdrawn the direct 
final rule in a separate Federal Register notice and is providing a 
summary of comments received and the EPA's responses to the comments in 
this action.
---------------------------------------------------------------------------

    \4\ The EPA also noted that an additional public comment period 
would not be instituted for the action.
---------------------------------------------------------------------------

    Comment: One commenter contends that fleet turnover cannot be used 
to offset the emissions increases from RVP relaxation because ``fleet 
turnover was already considered in the maintenance plan'' and its use 
as an offset measure would therefore ``double count'' the associated 
emissions decreases. The

[[Page 38287]]

commenter also believes that Alabama used inaccurate information in 
calculating fleet turnover unless it used fleet emission data from the 
actual fleet in 2015 in the area and that ``using inaccurate 
information to make a decision to approve a SIP revision is arbitrary 
and capricious.'' Additionally, the commenter states that the CAA 
section ``110(l) analysis must include photochemical grid modeling to 
determine if the increased emissions from weakening the RVP standard 
adversely impacts 2008 ozone nonattainment areas including Metro-
Atlanta, Metro-Memphis, Metro-Knoxville and other nearby areas.''
    Response: These comments are beyond the scope of this action. CAA 
section 110(l) applies to revisions to a SIP submitted by a state. 
However, this rulemaking does not approve any SIP revisions. Rather, it 
revises the federal regulations at 40 CFR part 80 applicable to 
gasoline introduced into commerce in certain areas.
    The EPA evaluated the impacts of RVP relaxation in the Birmingham 
area pursuant to CAA section 110(l) in a previous rulemaking. See 80 FR 
21170 (April 17, 2015). The EPA's evaluation, including its analysis of 
fleet turnover, was subject to public notice-and-comment. The EPA 
received two comments on its proposed approval of the state's CAA 
section 110(l) noninterference demonstration and responded to those 
comments in the final rulemaking notice. The EPA's approval of the 
noninterference demonstration into the SIP was effective on April 17, 
2015. The opportunity for the commenter to express concerns regarding 
the EPA's analyses of whether the change to the federal RVP 
requirements for the Birmingham area would interfere with attainment or 
maintenance of the NAAQS or any other applicable CAA requirement was 
during the earlier public notice-and-comment period. The EPA's 
rulemaking to revise its regulations in 40 CFR part 80 did not reopen 
the EPA's action on Alabama's CAA section 110(l) demonstration.
    Comment: The other commenter contends that the EPA should not relax 
the RVP requirement in Birmingham because public health will suffer and 
Alabama has acknowledged that air pollution will increase. The 
commenter opines that the EPA should not relax the RVP limit because 
the EPA has proposed to revise the ozone NAAQS. Finally, the commenter 
asserts that the EPA is taking this action in order to accommodate the 
ethanol industry and allow for increased ethanol use in the Birmingham 
area.
    Response: These comments are beyond the scope of this action. The 
EPA is taking this action to revise the RVP limit applicable to the 
Birmingham area pursuant to a request from the state of Alabama. To 
support its request for the RVP relaxation, Alabama submitted a 
demonstration that the change would not interfere with the maintenance 
of any applicable NAAQS. The EPA approved that demonstration through 
notice-and comment rulemaking on April 17, 2015. See 80 FR 21170. The 
opportunity for the commenter to express concerns regarding the EPA's 
analyses of whether the change to the federal RVP requirements for the 
Birmingham area would result in increased emissions and interfere with 
attainment or maintenance of any applicable NAAQS or any other 
applicable CAA requirement was during the earlier public notice-and-
comment period. The EPA's rulemaking to revise its regulations in 40 
CFR part 80 did not reopen the EPA's action on Alabama's CAA section 
110(l) demonstration.
    With regard to EPA's proposal to tighten the ozone NAAQS, the CAA 
does not require that a state address a potential future NAAQS when 
conducting a CAA section 110(l) analysis, and the EPA does not believe 
that it is appropriate to delay action in response to a state's request 
until a final decision is made on the ozone NAAQS. If the EPA revises 
the ozone NAAQS and if the Birmingham area is eventually designated 
nonattainment, the state will have the opportunity to submit a SIP that 
contains control measures to bring the area into attainment as 
expeditiously as practicable. This action does not remove any tools 
available to the state for compliance with a future NAAQS.
    Finally, the EPA is approving this change to 40 CFR part 80 based 
on a request from the state and because the EPA made a final 
determination that the state made an adequate demonstration to show 
that removal of this Federal requirement would not interfere with air 
quality in the Birmingham area. Further, this final action is 
consistent with CAA requirements. Based upon these factors alone, the 
EPA is approving Alabama's request to relax the federal RVP gasoline 
requirements in the Birmingham area from 7.8 psi to 9.0 psi.

VII. Final Action

    The EPA is taking final action to approve the request from Alabama 
for the EPA to relax the RVP applicable to gasoline introduced into 
commerce from June 1 to September 15 of each year in the Birmingham 
area. Specifically, this action amends the applicable RVP standard from 
7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the Birmingham 
area.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563. 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq., and therefore is not subject to these requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. The small entities subject to the 
requirements of this action are refiners, importers or blenders of 
gasoline that choose to produce or import low RVP gasoline for sale in 
the Birmingham area and gasoline distributers and retail stations in 
the Birmingham area. This action relaxes the federal RVP standard for 
gasoline sold in the Birmingham area during the summertime ozone season 
(June 1 to September 15 of each year) from 7.8 psi to 9.0 psi. This 
rule does not impose any requirements or create impacts on small 
entities beyond those, if any, already required by or resulting from 
the CAA section 211(h) Volatility Control program. We have therefore 
concluded that this action will have no net regulatory burden for all 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This final rule does not contain an unfunded mandate of $100 
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The

[[Page 38288]]

action implements mandates specifically and explicitly set forth in CAA 
section 211(h) without the exercise of any policy discretion by the 
EPA.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule 
affects only those refiners, importers or blenders of gasoline that 
choose to produce or import low RVP gasoline for sale in the Birmingham 
area and gasoline distributers and retail stations in the Birmingham 
area. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it approves a state program.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act (NTTAA)

    This action does not involve technical standards, and therefore, is 
not subject to the NTTAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

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

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action may be filed only in the United States 
Court of Appeals for the appropriate circuit by August 31, 2015. Filing 
a petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. See CAA section 307(b)(2).

IX. Legal Authority and Statutory Provisions

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

List of Subjects in 40 CFR Part 80

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

    Dated: June 25, 2015.
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
part 80 as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

0
2. In Sec.  80.27(a)(2)(ii), the table is amended by:
0
a. Revising the entry for Alabama; and
0
b. Adding footnote 8.
    The revisions and additions read as follows:

Sec.  80.27  Controls and prohibitions on gasoline volatility.

    (a) * * *
    (2) * * *
    (ii) * * *

                               Applicable Standards \1\ 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
                     State                           May          June         July        August     September
----------------------------------------------------------------------------------------------------------------
Alabama \8\....................................          9.0          9.0          9.0          9.0          9.0
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
* * * * *
\8\ The standard for Jefferson and Shelby Counties from June 1 until September 15 in 1992 through July 2, 2015
  was 7.8 psi.

[[Page 38289]]

 
* * * * *

[FR Doc. 2015-16392 Filed 7-1-15; 8:45 am]
 BILLING CODE 6560-50-P
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