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[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Proposed Rules]
[Pages 13055-13061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5266]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0118; FRL-9642-9]

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: Proposed rule.

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SUMMARY: EPA is proposing to approve, through parallel processing, a 
draft revision to the Alabama State Implementation Plan (SIP), 
submitted by the Alabama Department of Environmental Management (ADEM), 
on January 10, 2012. The proposed 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, if 
finalized. If this change to the SIP is finalized, the federal RVP 
requirement of 7.8 psi will apply for the Birmingham Area. EPA is 
proposing to approve this SIP revision because the State has 
demonstrated that it is consistent with section 110 of the Clean Air 
Act (CAA or Act).

DATES: Comments must be received on or before April 4, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0118, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: benjamin.lynorae@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2012-0118, 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.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. 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 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0118. 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

[[Page 13056]]

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 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. 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 to 4:30, excluding 
federal holidays.

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 parallel processing?
II. What is the background of the RVP requirement?
III. What are the section 110(l) requirements?
IV. What is EPA's analysis of Alabama's submittal?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What is parallel processing?

    Consistent with EPA regulations found at 40 CFR part 51, Appendix 
V, section 2.3.1, for purposes of expediting review of a SIP submittal, 
parallel processing allows a state to submit a plan to EPA prior to 
actual adoption by the state. Generally, the state submits a copy of 
the proposed regulation or other revisions to EPA before conducting its 
public hearing. EPA reviews this proposed state action, and prepares a 
notice of proposed rulemaking. EPA's notice of proposed rulemaking is 
published in the Federal Register during the same time frame that the 
state is holding its public process. The state and EPA then provide for 
concurrent public comment periods on both the state action and federal 
action.
    If the revision that is finally adopted and submitted by the State 
is changed in aspects other than those identified in the proposed 
rulemaking on the parallel process submission, EPA will evaluate those 
changes and if necessary and appropriate, issue another notice of 
proposed rulemaking. The final rulemaking action by EPA will occur only 
after the SIP revision has been adopted by the state and submitted 
formally to EPA for incorporation into the SIP.
    On January 10, 2012, the State of Alabama, through ADEM, submitted 
a request for parallel processing of a draft SIP revision that the 
State had already taken through public comment. ADEM requested parallel 
processing so that EPA could begin to take action on its draft SIP 
revision in advance of the State's submission of the final SIP 
revision. As stated above, the final rulemaking action by EPA will 
occur only after the SIP revision has been: (1) Adopted by Alabama, (2) 
submitted formally to EPA for incorporation into the SIP; and (3) 
evaluated by EPA, including any changes made by the State after the 
January 10, 2012, draft was submitted to EPA.

II. What is the background of the RVP requirement?

    The following subsections of this proposed rulemaking summarize 
both the federal and state RVP requirements in the Birmingham Area. 
Volatility is the property of a liquid fuel that defines its 
evaporation characteristics. RVP is an abbreviation for ``Reid vapor 
pressure,'' a common measure of and generic term for gasoline 
volatility. Pursuant to the CAA, EPA regulates the vapor pressure of 
gasoline sold at retail stations during the high ozone season (June 1 
to September 15) to reduce evaporative emissions from gasoline that 
contribute to ground-level ozone and diminish the effects of ozone-
related health problems.

A. Background for the Federal Requirement for RVP for 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. Specifically, CAA section 211(h) states:

    Not later than 6 months after November 15, 1990, the 
Administrator shall promulgate regulations making it unlawful for 
any person during the high ozone season (as defined by the 
Administrator) to sell, offer for sale, dispense, supply, offer for 
supply, transport, or introduce into commerce gasoline with a Reid 
Vapor Pressure in excess of 9.0 pounds per square inch (psi). Such 
regulations shall also establish more stringent Reid Vapor Pressure 
standards in a nonattainment area as the Administrator finds 
necessary to generally achieve comparable evaporative emissions (on 
a per-vehicle basis) in nonattainment areas, taking into 
consideration the enforceability of such standards, the need of an 
area for emission control and economic factors.

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). VOC and nitrogen oxides (NOX) are 
precursors for ground-level ozone. 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 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. 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 action being proposed today

[[Page 13057]]

would move 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, 1997 PM2.5 and 2006 PM2.5 
NAAQS. Throughout this proposed 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 as these plans have been proposed for approval by EPA but have 
not yet been finalized.

B. Background for the State Requirement for RVP in the Birmingham Area

    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. Specifically, CAA section 
211(c)(4)(C)(i) states:

    A State may prescribe and enforce, for purposes of motor vehicle 
emission control, a control or prohibition respecting the use of a 
fuel or fuel additive in a motor vehicle or motor vehicle engine if 
an applicable implementation plan for such State under section 7410 
of this title so provides The Administrator may approve such 
provision in an implementation plan, or promulgate an implementation 
containing such a provision, only if he finds that the State control 
or prohibition is necessary to achieve the national primary or 
secondary ambient air quality standard which the plan implements. 
The Administrator may find that a State control or prohibition is 
necessary to achieve that standard if no other measure that would 
bring about timely attainment exist, or if other measures exist and 
are technically possible to implement, but are unreasonable or 
impracticable. The Administrator may make a finding of necessity 
under this subparagraph even if the plan for the area does not 
contain an approved demonstration of timely attainment.

    As mentioned above, the Birmingham Area was designated as a 
marginal 1-hour ozone nonattainment area on November 6, 1991. See 56 FR 
56693. Marginal 1-hour ozone nonattainment areas such as the Birmingham 
Area were required to attain the 1-hour ozone NAAQS no later than 
November 15, 1993. However, the Birmingham Area did not attain the 1-
hour ozone NAAQS by the required deadline and thus, EPA issued a SIP 
Call for Alabama to develop and submit a plan on how the Area would 
comply with the 1-hour ozone NAAQS as expeditiously as practicable. 
This plan, also known as an attainment demonstration, contained the 
control strategies and underlying regulations that Alabama would use to 
come into compliance with the 1-hour ozone NAAQS. On November 1, 2000, 
ADEM submitted the 1-hour ozone attainment demonstration for the 
Birmingham Area as a revision to the Alabama SIP. Among other control 
strategies and regulations, this attainment demonstration included a 
request for EPA to approve Alabama's regulation to establish 
requirements for low sulfur and low-RVP requirements for the Birmingham 
Area pursuant to 211(c)(4)(C)(i).
    In a final rulemaking on November 7, 2001 (66 FR 56218), EPA 
determined that Alabama's November 1, 2000, SIP revision contained the 
necessary data and analyses to support a finding under section 
211(c)(4)(C)(i) that the State's low sulfur and low-RVP requirements 
were necessary for the Birmingham Area to achieve the 1-hour ozone 
NAAQS. In summary, Alabama's low sulfur/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 
and maximum sulfur levels of 150 parts per million volume-weighted 
average. Alabama's control on sulfur applied only through the summer of 
2003. After that time, federal controls on sulfur in gasoline went into 
effect. There was no termination date for the low-RVP portion of 
Alabama's fuel regulation.
    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. Nonetheless, the State's RVP 
requirement of 7.0 psi remains in the active portion of the SIP, and 
the federal RVP requirement of 7.8 psi also remains applicable through 
40 CFR 80.27.
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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 request, 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.
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    On January 10, 2012, ADEM submitted a draft revision to Alabama's 
SIP to move Chapter 335-3-20 ``Control of Fuels'' from the active 
measures portion of the Alabama SIP to the contingency measures 
portions of the maintenance plans for the applicable ozone and 
PM2.5 NAAQS. ADEM explained that the 7.0 psi requirement 
would be moved to the maintenance plans as a contingency measure for 
the ozone NAAQS, the annual 1997 PM2.5 standard and the 2006 
24-hour PM2.5 standards; however, it would be removed from 
the SIP as an active requirement. The applicable RVP would then be the 
federal standard of 7.8 psi. Because the state RVP requirement of 7.0 
psi is a part of the federally-approved SIP for Alabama, the State must 
meet the requirements of CAA section 110(l) to move this state-level 
RVP requirement from the active measures portions of the SIP to the 
contingency measures portions of the affected maintenance plans. More 
details on CAA section 110(l) requirements are provided below.

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

    EPA's primary consideration for determining the approvability of 
Alabama's January 10, 2012, draft 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 adapted 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).

    Because the RVP requirements currently are a part of the SIP, the 
revision must meet the requirements of CAA section 110(l). Alabama's 
January 10, 2012, draft SIP revision is requesting

[[Page 13058]]

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. 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 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. Thus, EPA's proposed approval action considers 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. EPA's analysis of Alabama's 
January 10, 2012, draft SIP revision is provided below.

IV. What is EPA's analysis of Alabama's submittal?

    ADEM submitted a draft revision to the Alabama SIP on January 10, 
2012, for parallel processing. The purpose of Alabama's January 10, 
2012, draft SIP revision is 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.
    Alabama's January 10, 2012, draft SIP revision includes 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 is making 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 results primarily in emissions benefits for VOCs and 
NOX. VOCs and NOX emissions are precursors for 
ozone and particulate matter, and NO2 is a component of 
NOX. 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 proposed 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 below focuses on the 
impact of Alabama's changes to the RVP requirements on the ozone, 
particulate matter and NO2 NAAQS.
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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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a. Overall Preliminary Conclusions for Non-Interference Analyses for 
Alabama's RVP Change

    In Alabama's January 10, 2012, draft SIP revision, the State 
provided a technical demonstration to support the request to move 
Alabama's 7.0 psi RVP requirement from the active measures portions of 
the Alabama SIP to the contingency measures portions of the affected 
maintenance plans. In that technical demonstration, Alabama provided 
information regarding the emissions trends from the maintenance plans 
for the ozone and PM2.5 NAAQS. To determine these emissions, 
Alabama took a conservative approach and assumed a high ozone season 
RVP requirement for the Birmingham Area of 9.0 psi in the ozone 
maintenance plan and 7.8 psi in the maintenance plans for the 1997 
annual and 2006 24-hour PM2.5 standards. All of these 
maintenance plans, which included modeling, indicated future emissions 
projections under the baseline ``attainment'' level emissions without 
the emissions reductions associated with the state-level 7.0 psi RVP 
requirements.
    In Alabama's January 10, 2012, draft SIP revision, ADEM also 
provided an updated analysis utilizing the Motor Vehicle Emissions 
Simulator (MOVES) modeling to evaluate the potential impacts for the 
ozone NAAQS that might result exclusively from changing the high ozone 
season RVP requirements from the state-level requirement of 7.0 psi to 
the federal requirement of 7.8 psi. Specifically, ADEM compared what 
the projected emissions in the year 2012 (the year the program is 
requested to be rescinded), would be, assuming a RVP level of 7.0 psi 
and 7.8 psi. The comparison revealed a slight increase in emissions of 
25 tons for NOX and 60 tons for VOC (cumulative over the 
entire season) would result from the change to the federal requirement 
from June 1st through September 15th. While the modeling showed a 
slight increase in NOX and VOC emissions resulting from the 
use of 7.8 psi RVP as opposed to 7.0 psi, the most appropriate analysis 
for purposes of evaluating non-interference is whether total area 
emissions in the future years would remain at or below the level 
determined to be consistent with maintenance of the NAAQS. To provide 
this full evaluation, the State compared emissions generated for the 
year 2011, using a RVP of 7.0 psi to emissions generated for the years 
2012 and 2015, using a RVP of 7.8 psi. Table 1 below provides the 
results of this analysis.

            Table 1--Comparative Emissions for Change to RVP
------------------------------------------------------------------------
                                          2011 7.0   2012 7.8   2015 7.8
                                          psi RVP    psi RVP    psi RVP
                                           (tons)     (tons)     (tons)
------------------------------------------------------------------------
NOX....................................     * 6511     * 5819     * 4429
VOC....................................     * 2764     * 2593     * 2081
------------------------------------------------------------------------
* Emissions are total from June 1 through September 15.

    As Table 1 clearly indicates, NOX and VOC emissions in 
the Birmingham Area will continue to decrease, even with the increase 
in high ozone season fuel RVP to 7.8 psi. The slight increase in 
emissions is being mitigated area-wide by a steady decrease in tailpipe 
emissions, which is the result of cleaner new vehicle fleet replacing 
the older fleet. As discussed below, based on this data, together with 
air quality data, and maintenance demonstrations and attainment 
designations for the NAAQS, EPA is making the preliminary determination 
that the slight increase in NOX and VOC emissions resulting 
from this change will not interfere with the Area's ability to attain 
and maintain the NAAQS, or any other applicable requirement. More 
details on the individual non-interference analyses for the ozone, 
PM2.5 and NO2 NAAQS are provided below.

b. Non-Interference Analysis for the Ozone NAAQS

    Effective June 15, 2004, the Birmingham Area was designated as 
nonattainment for the 1997 8-hour

[[Page 13059]]

ozone NAAQS. The primary precursors for ozone are VOCs and 
NOX emissions. As a previous 1-hour ozone nonattainment 
area, the Birmingham Area was already subject to the federal RVP 
requirements for high ozone season gasoline, and as mentioned above, 
the State opted to implement a state-level RVP requirement for high 
ozone season gasoline to aid the Area with compliance with the ozone 
NAAQS. Although originally implemented for the 1-hour ozone NAAQS, 
these federal and state RVP requirements continued to apply to the 
Birmingham Area for the 1997 8-hour ozone NAAQS, and are still 
applicable for the Birmingham Area.
    On January 27, 2006, ADEM submitted a redesignation request and 
maintenance plan for the 1997 8-hour ozone NAAQS. As part of the 
State's ozone maintenance plan, Alabama took a conservative approach to 
projecting its emissions inventories for the future projection years of 
2009, 2015 and 2017 by assuming a level of 9.0 psi for RVP for high 
ozone season gasoline in the Birmingham Area. The intent of this 
conservative approach to developing the future projection year 
emissions was to demonstrate that the Birmingham Area could maintain 
the 1997 8-hour ozone standard without relying on the 7.0 psi state-
level requirement for RVP in high ozone season gasoline. ADEM used the 
MOBILE6.2 mobile source emissions model to estimate the emissions. In 
the years 2015 and 2017, ADEM projected a reduction from the 2002 base 
year inventory of approximately 45 percent in NOX emissions 
(in tons per summer day). The projected reduction of VOC emissions (in 
tons per summer day) for the years 2015 and 2017 is approximately a 20 
percent from the 2002 base year emissions inventory.
    There is an overall downward trend in ozone concentration in the 
Birmingham Area that can be attributed to regional and local programs/
controls enacted in the Birmingham Area that have led to significant 
emissions reductions. On May 12, 2006 (71 FR 27631), EPA approved 
Alabama's 1997 8-hour ozone maintenance plan for the Birmingham Area 
and redesignated the Area to attainment for the 1997 8-hour ozone 
NAAQS. The Birmingham Area is continuing to meet the 1-hour and 1997 8-
hour ozone NAAQS,\4\ and is meeting the new 2008 8-hour ozone NAAQS, 
based on the 2008-2010 design value of 75 parts per billion (ppb). The 
2008 ozone NAAQS is met when the annual fourth-highest daily maximum 8-
hour average concentration, averaged over 3 years is 75 ppb or less. 
Based on preliminary monitoring data from 2009-2011, the Birmingham 
Area is continuing to meet the 2008 8-hour ozone NAAQS. More detail on 
the 2008 8-hour ozone NAAQS is provided below.
---------------------------------------------------------------------------

    \4\ The air quality design value for the 8-hour ozone NAAQS is 
the 3-year average of the annual 4th highest daily maximum 8-hour 
ozone concentration. The level of the 1997 8-hour ozone NAAQS is 
0.08 parts per million (ppm). The 1997 8-hour ozone NAAQS is not met 
when the design value is greater than 0.08 ppm (0.085 ppm rounds 
up).
---------------------------------------------------------------------------

    EPA established a more stringent 8-hour ozone NAAQS of 75 ppb on 
March 12, 2008. The Agency is currently in the process of determining 
areas' compliance with the 2008 8-hour ozone NAAQS, and has not yet 
completed the formal designation process. However, on December 9, 2011, 
EPA announced its preliminary intention regarding designations for 
nonattainment areas for the 2008 8-hour ozone NAAQS. EPA did not 
indicate the Birmingham Area as a potential nonattainment area for the 
2008 8-hour ozone NAAQS. As stated above, although the Agency has not 
yet completed the designation process, EPA must still consider 
compliance with section 110(l) of the CAA. EPA, therefore, evaluated 
whether or not Alabama's requested change to its RVP requirements would 
interfere with attainment or maintenance of the 2008 8-hour ozone 
NAAQS. In doing so, EPA reviewed current monitoring data, which suggest 
that the Birmingham Area appears to be attaining the 2008 8-hour ozone 
NAAQS. The current design value for ozone for the Birmingham Area is 
2008-2010 is 75ppb, while the preliminary 2009-2011 design value is 75 
ppb for this Area. EPA also evaluated the potential increase in the VOC 
and NOX precursor emissions, and whether it is reasonable to 
conclude that the requested change to Alabama's high ozone season RVP 
requirement (which would have the effect in the Area of reverting to 
the federal RVP requirement for high ozone season fuel) would cause the 
Area to be out of compliance with the 2008 8-hour ozone NAAQS.
    In light of the current designations, monitoring data and the 
submitted modeling, including the fact that the VOC and NOX 
emissions inventories are projected to continue to significantly 
decrease,\5\ EPA has preliminarily determined that Alabama's change to 
its RVP requirements for the Birmingham Area will not interfere with 
attainment or maintenance of the ozone NAAQS.
---------------------------------------------------------------------------

    \5\ Indeed, the future decreases in the inventory are an order 
of magnitude greater than the increases associated with the change 
in RVP.
---------------------------------------------------------------------------

c. Non-Interference Analysis for the Particulate Matter NAAQS

    Effective April 5, 2005, the Birmingham Area was designated as 
nonattainment for the 1997 PM2.5 Annual NAAQS. The primary 
precursors for PM2.5 are NOX and sulfur oxides. 
VOC and ammonia can be determined to be precursors to PM2.5 
formation on a case-by-case basis. For the Birmingham Area, neither the 
State of Alabama or EPA have made a determination that VOC and ammonia 
are significant precursors to the formation of PM2.5 in the 
Birmingham Area thus NOX and sulfur oxides are the 
precursors of interests in addition to direct PM2.5 
emissions. In 2005 ADEM and Jefferson County Department of Health 
contracted with Envair to study the nature and potential causes of 
PM2.5 concentrations in the Birmingham Area. The study 
investigated the sources of particulate matter pollution in and around 
the North Birmingham and Wylam monitors. The study gave insight into 
the sources of particulate matter pollution in and around the North 
Birmingham and Wylam monitors. According to the findings of the study, 
sulfate and primary organic matter are the most important contributors 
to PM2.5 in the Birmingham Area. The results of the study 
indicate that the most effective control strategies to reduce 
PM2.5 concentrations in the Birmingham area include the 
reduction of regional and urban/local emissions of SO2. As 
mentioned earlier in this rulemaking, the RVP requirements result in 
emissions benefits for VOC and NOX so EPA focused on these 
precursors for the analysis of the potential impact of Alabama's SIP 
change.
    On May 13, 2009, ADEM submitted a redesignation request and 
maintenance plan for the 1997 PM2.5 Annual standards. As 
part of the State's 1997 Annual PM2.5 maintenance plan, 
Alabama took a conservative approach for developing its emissions 
inventory for the future projection years of 2009, 2015 and 2017 by 
assuming a level of 7.8 psi for RVP for high ozone season gasoline in 
the Birmingham Area. The intent of this conservative approach to 
developing the future projection year emissions was to demonstrate that 
the Birmingham Area could maintain the 1997 Annual PM2.5 
standard without relying on the 7.0 psi state-level requirement for RVP 
in high ozone season gasoline. ADEM originally used the MOBILE6.2 
mobile source emissions model to estimate the emissions but later 
updated these emissions with the MOVES mobile source emissions model. 
As discussed earlier the most effective

[[Page 13060]]

way to reduce PM2.5 concentrations in the Birmingham area is 
to control SO2 emissions. The projected reduction of 
SO2 emissions (in tons per day) for the years 2012, 2015, 
2018, 2021 and 2024 is approximately 58 percent from the 2009 base year 
emissions inventory. As Table 2 indicates the PM2.5 annual 
design value has been decreasing. The overall downward trend in 
PM2.5 concentration in the Birmingham area can be attributed 
to regional and local programs/controls enacted in the Birmingham area 
that have led to significant emission reductions.

                                       Table 2--PM2.5 Annual Design Values
----------------------------------------------------------------------------------------------------------------
                Year                      2005-2007          2006-2008          2007-2009          2008-2010
----------------------------------------------------------------------------------------------------------------
Design Value *......................              18.7               17.3               15.1               13.7
----------------------------------------------------------------------------------------------------------------
* The air quality design value for the PM2.5 1997 annual standard is 15.0 micrograms per cubic meter ([mu]g/
  m\3\).

On June 29, 2011 (76 FR 38023), EPA made a determination that the 
Birmingham PM2.5 nonattainment area has attained the 1997 
annual PM2.5 standard and on November 10, 2011 (76 FR 
70078), EPA proposed to approve Alabama's 1997 Annual PM2.5 
maintenance plan for the Birmingham Area and redesignate the Area to 
attainment for the 1997 Annual PM2.5 NAAQS. EPA did not 
receive any comments on the proposed rulemaking to redesignate this 
Area to attainment for the 1997 Annual PM2.5 standards.
    On June 17, 2010, ADEM submitted a redesignation request and 
maintenance plan for the 2006 24-hour PM2.5 standards. As 
part of the State's 2006 24-hour PM2.5 maintenance plan, 
Alabama took a conservative approach for developing its emissions 
inventory for the future projection years of 2012, 2015, 2018, 2021 and 
2024 by assuming a level of 7.8 psi for RVP for high ozone season 
gasoline in the Birmingham Area. The intent of this conservative 
approach to developing the future projection year emissions was to 
demonstrate that the Birmingham Area could maintain the 2006 24-hour 
PM2.5 standards without relying on the 7.0 psi state-level 
requirement for RVP in high ozone season gasoline. ADEM used the MOVES 
mobile source emissions model to estimate the emissions. As Table 3 
indicates the PM2.5 24-hour design value has been 
decreasing. The overall downward trend in PM2.5 
concentration in the Birmingham Area can be attributed to regional and 
local programs/controls enacted in the Birmingham Area that have led to 
significant emission reductions.

                                      Table 3--PM2.5 24-Hour Design Values
----------------------------------------------------------------------------------------------------------------
                Year                      2005-2007          2006-2008          2007-2009          2008-2010
----------------------------------------------------------------------------------------------------------------
Design Value........................                44                 39                 34                 29
----------------------------------------------------------------------------------------------------------------

On September 20, 2010 (75 FR 57186), EPA made a determination that the 
Birmingham PM2.5 nonattainment area has attained the 2006 
24-hour PM2.5 standard and on November 10, 2011 (76 FR 
70091), EPA proposed to approve Alabama's 2006 24-hour PM2.5 
maintenance plan for the Birmingham Area and redesignate the Area to 
attainment for the 2006 24-hour PM2.5 standards. EPA did not 
receive any comments on the proposed rulemaking to redesignate this 
Area to attainment for the 2006 24-hour PM2.5 NAAQS.
    In light of the proposed designation, monitoring data and the 
submitted modeling, including the fact that the VOC and NOX 
emissions inventories are projected to continue to significantly 
decrease, EPA has preliminarily determined that Alabama's change to its 
RVP requirements for the Birmingham Area will not interfere with 
attainment or maintenance of the 1997 PM2.5 annual or the 
2006 24-hour PM2.5 standards.

d. Non-Interference Analysis for the 2010 NO2 NAAQS

    On January 20, 2012, EPA finalized designations for 2010 
NO2 NAAQS. Alabama was designated unclassifiable/attainment, 
including the Birmingham Area, for the 2010 NO2 NAAQS. Also, 
EPA evaluated the potential increase in the NOX emissions 
(approximately a quarter of a ton per day between June 1st and 
September 15th) and whether it is reasonable to believe that Alabama's 
change for its high ozone season RVP requirement (which has the effect 
of reverting the Area to the federal RVP requirement for high ozone 
season fuel) would cause the Area to be out of compliance with the 2010 
NO2 NAAQS. The slight increase in NOX emissions 
is being mitigated by a steady decrease in tailpipe emissions, which is 
the result of cleaner new vehicle fleet replacing the older fleet. In 
light of the current designation, monitoring data and the submitted 
modeling, including the fact that NOX emissions inventories 
are projected to continue to significantly decrease, EPA has 
preliminarily determined that Alabama's change to its RVP requirements 
for the Birmingham Area will not interfere with the continued decline 
in NOX emissions, nor with attainment or maintenance of the 
2010 NO2 NAAQS.

V. Proposed Action

    EPA is proposing to approve Alabama's January 10, 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 January 10, 2012, proposed 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, the annual 1997 PM2.5 standard and the 2006 24-
hour PM2.5 standard. This action, if finalized, would result 
in applicability of the federal RVP requirement of 7.8 psi for the 
Birmingham Area.

VI. 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,

[[Page 13061]]

provided that they meet the criteria of the CAA. Accordingly, this 
proposed 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 proposed 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
     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 proposed 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.

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 Sulfur oxides, 
Volatile organic compounds.

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

    Dated: February 24, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-5266 Filed 3-2-12; 8:45 am]
BILLING CODE 6560-50-P
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