80 FR 38283 - Approval of Alabama's Request To Relax the Federal Reid Vapor Pressure Gasoline Volatility Standard for Birmingham, Alabama

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range		38283-38284
FR Document		2015-16390

Due to the receipt of two adverse comments, the Environmental Protection Agency (EPA) is withdrawing the May 7, 2015 direct final rule to approve the request from Alabama to relax the Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year in Jefferson and Shelby counties, Alabama (``the Birmingham area''). The EPA is considering these comments and will address the comments in a separate action. The EPA will not institute a second comment period on this action.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38283-38284]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16390]



[[Page 38283]]

Vol. 80

Thursday,

No. 127

July 2, 2015

Part II





Environmental Protection Agency





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40 CFR Part 80





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

Federal Register / Vol. 80 , No. 127 / Thursday, July 2, 2015 / Rules 
and Regulations

[[Page 38284]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2014-0905; FRL 9929-91-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: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of two adverse comments, the Environmental 
Protection Agency (EPA) is withdrawing the May 7, 2015 direct final 
rule to approve the request from Alabama to relax the Reid Vapor 
Pressure (RVP) standard applicable to gasoline introduced into commerce 
from June 1 to September 15 of each year in Jefferson and Shelby 
counties, Alabama (``the Birmingham area''). The EPA is considering 
these comments and will address the comments in a separate action. The 
EPA will not institute a second comment period on this action.

DATES: The direct final rule published at 80 FR 26191 on May 7, 2015 is 
withdrawn, effective July 2, 2015.

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: [email protected].

SUPPLEMENTARY INFORMATION: On May 7, 2015 (80 FR 26191), the EPA 
published a direct final rule to approve a request from the state of 
Alabama to change the summertime gasoline RVP standard for Jefferson 
and Shelby counties (``the Birmingham area'') from 7.8 pounds per 
square inch (psi) to 9.0 psi by amending the EPA's regulations at 40 
CFR 80.27(a)(2). In an April 17, 2015 final rule, 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).
    In the May 7, 2015 direct final rule, the EPA stated that if 
adverse comments were received by June 8, 2015, the rule would be 
withdrawn and not take effect. The EPA received two comments. The EPA 
is treating these comments as adverse. Therefore, the EPA is 
withdrawing the direct final rule. The EPA will address these comments 
in a separate final action based on the May 7, 2015 proposed rulemaking 
(80 FR 26212). The EPA will not institute a second comment period on 
this action.

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.

    Accordingly, the amendment to 40 CFR 80.27 which published in the 
Federal Register on May 7, 2015 at 80 FR 26191 is withdrawn as of July 
2, 2015.

[FR Doc. 2015-16390 Filed 7-1-15; 8:45 am]
 BILLING CODE 6560-50-P

38284 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

ENVIRONMENTAL PROTECTION In the May 7, 2015 direct final rule, provisions of the Clean Air Act (CAA).
AGENCY the EPA stated that if adverse comments Additionally, the EPA is responding to
were received by June 8, 2015, the rule adverse comments received for this
40 CFR Part 80 would be withdrawn and not take effect. action.
The EPA received two comments. The DATES: This final rule is effective on July
[EPA–HQ–OAR–2014–0905; FRL 9929–91– EPA is treating these comments as
OAR] 2, 2015.
adverse. Therefore, the EPA is
ADDRESSES: The EPA has established a
RIN 2060–AS58 withdrawing the direct final rule. The
docket for this action under Docket ID
EPA will address these comments in a
No. EPA–HQ–OAR–2014–0905. All
Approval of Alabama’s Request To separate final action based on the May
documents in the docket are listed on
Relax the Federal Reid Vapor Pressure 7, 2015 proposed rulemaking (80 FR
the www.regulations.gov Web site.
Gasoline Volatility Standard for 26212). The EPA will not institute a
Although listed in the index, some
Birmingham, Alabama second comment period on this action.
information is not publicly available,
AGENCY: Environmental Protection List of Subjects in 40 CFR Part 80 e.g., CBI or other information whose
Agency. Environmental protection, disclosure is restricted by statute.
ACTION: Withdrawal of direct final rule. Administrative practice and procedures, Certain other material, such as
Air pollution control, Fuel additives, copyrighted material, is not placed on
SUMMARY: Due to the receipt of two Gasoline, Motor vehicle and motor the Internet and will be publicly
adverse comments, the Environmental vehicle engines, Motor vehicle available only in hard copy form.
Protection Agency (EPA) is withdrawing pollution, Penalties, Reporting and Publicly available docket materials are
the May 7, 2015 direct final rule to recordkeeping requirements. available electronically through http://
approve the request from Alabama to www.regulations.gov.
Dated: June 25, 2015.
relax the Reid Vapor Pressure (RVP) FOR FURTHER INFORMATION CONTACT:
Gina McCarthy,
standard applicable to gasoline Patty Klavon, Office of Transportation
introduced into commerce from June 1 Administrator.
and Air Quality, Environmental
to September 15 of each year in Accordingly, the amendment to 40 Protection Agency, 2000 Traverwood
Jefferson and Shelby counties, Alabama CFR 80.27 which published in the Drive, Ann Arbor, Michigan 48105;
(‘‘the Birmingham area’’). The EPA is Federal Register on May 7, 2015 at 80 telephone number: (734) 214–4476; fax
considering these comments and will FR 26191 is withdrawn as of July 2, number: (734) 214–4052; email address:
address the comments in a separate 2015. klavon.patty@epa.gov.
action. The EPA will not institute a [FR Doc. 2015–16390 Filed 7–1–15; 8:45 am] SUPPLEMENTARY INFORMATION: The
second comment period on this action. BILLING CODE 6560–50–P contents of this preamble are listed in
DATES: The direct final rule published at the following outline:
80 FR 26191 on May 7, 2015 is
ENVIRONMENTAL PROTECTION I. General Information
withdrawn, effective July 2, 2015. II. Action Being Taken
FOR FURTHER INFORMATION CONTACT:
AGENCY
III. History of the Gasoline Volatility
Patty Klavon, Office of Transportation 40 CFR Part 80 Requirement
and Air Quality, Environmental IV. The EPA’s Policy Regarding Relaxation of
Protection Agency, 2000 Traverwood [EPA–HQ–OAR–2014–0905; FRL 9929–90– Volatility Standards in Ozone
Drive, Ann Arbor, Michigan 48105; OAR] Nonattainment Areas That Are
Redesignated as Attainment Areas
telephone number: (734) 214–4476; fax RIN 2060–AS58 V. Alabama’s Request To Relax the Federal
number: (734) 214–4052; email address: RVP Requirement for the Birmingham
klavon.patty@epa.gov. Approval of Alabama’s Request To Area
SUPPLEMENTARY INFORMATION: On May 7, Relax the Federal Reid Vapor Pressure VI. Response to Comments
2015 (80 FR 26191), the EPA published Gasoline Volatility Standard for VII. Final Action
a direct final rule to approve a request Birmingham, Alabama VIII. Statutory and Executive Order Reviews
from the state of Alabama to change the IX. Legal Authority and Statutory Provisions
AGENCY: Environmental Protection
summertime gasoline RVP standard for Agency. Effective date. Section 553(d) of the
Jefferson and Shelby counties (‘‘the ACTION: Final rule. Administrative Procedure Act (APA), 5
Birmingham area’’) from 7.8 pounds per U.S.C. Chapter 5, generally provides
square inch (psi) to 9.0 psi by amending SUMMARY: The Environmental Protection that rules may not take effect earlier
the EPA’s regulations at 40 CFR Agency (EPA) is taking final action to than 30 days after they are published in
80.27(a)(2). In an April 17, 2015 final approve a request from the state of the Federal Register. The EPA is issuing
rule, the EPA approved a state Alabama for the EPA to relax the Reid this final rule under CAA section
implementation plan (SIP) revision from Vapor Pressure (RVP) standard 307(d)(1). CAA section 307(d)(1) states:
the state of Alabama which provided a applicable to gasoline introduced into ‘‘The provisions of section 553 through
technical demonstration that relaxing commerce from June 1 to September 15 557 . . . of Title 5 shall not, except as
the federal RVP requirement from 7.8 of each year for Jefferson and Shelby expressly provided in this subsection,
psi to 9.0 psi for gasoline sold from June counties (‘‘the Birmingham area’’). apply to actions to which this
asabaliauskas on DSK5VPTVN1PROD with RULES

1 to September 15 of each year in the Specifically, the EPA is approving subsection applies.’’ Thus, section
Birmingham area would not interfere amendments to the regulations to 553(d) of the APA does not apply to this
with maintenance of the national change the RVP standard for the rule. The EPA is nevertheless acting
ambient air quality standards (NAAQS) Birmingham area from 7.8 pounds per consistently with the policies
in the Birmingham area. For more square inch (psi) to 9.0 psi for gasoline. underlying APA section 553(d) in
information on Alabama’s SIP revision, The EPA has determined that this making this rule effective on July 2,
please refer to the April 17, 2015 change to the federal RVP regulation is 2015. APA section 553(d) allows an
rulemaking (80 FR 21170). consistent with the applicable effective date less than 30 days after

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Document Created: 2015-12-15 13:15:39
Document Modified: 2015-12-15 13:15:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Withdrawal of direct final rule.
Dates		The direct final rule published at 80 FR 26191 on May 7, 2015 is withdrawn, effective July 2, 2015.
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
FR Citation		80 FR 38283
RIN Number		2060-AS58
CFR Associated		Environmental Protection; Administrative Practice and Procedures; Air Pollution Control; Fuel Additives; Gasoline; Motor Vehicle and Motor Vehicle Engines; Motor Vehicle Pollution; Penalties and Reporting and Recordkeeping Requirements