80_FR_29328 80 FR 29230 - Approval and Promulgation of Implementation Plans; North Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for the Gaston and Mecklenburg Counties in North Carolina

80 FR 29230 - Approval and Promulgation of Implementation Plans; North Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for the Gaston and Mecklenburg Counties in North Carolina

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 98 (May 21, 2015)

Page Range29230-29237
FR Document2015-12348

The Environmental Protection Agency (EPA) is proposing to approve the State of North Carolina's April 16, 2015, revision to its State Implementation Plan (SIP), submitted through the North Carolina Department of Environment and Natural Resources, Division of Air Quality (DAQ), in support of the State's request that EPA change the Federal Reid Vapor Pressure (RVP) requirements for Gaston and Mecklenburg Counties. This RVP-related SIP revision evaluates whether changing the Federal RVP requirements in these counties would interfere with the requirements of the Clean Air Act (CAA or Act). North Carolina's April 16, 2015, RVP-related SIP revision also updates the State's maintenance plan and the associated motor vehicle emissions budgets (MVEBs) related to its redesignation request for the North Carolina portion of the Charlotte-Gastonia-Salisbury 2008 8-hour ozone nonattainment area (Charlotte 2008 Ozone Area) to reflect the requested change in the Federal RVP requirements. EPA is also proposing to approve these updates to the maintenance plan and associated MVEBs. EPA has preliminarily determined that North Carolina's April 16, 2015, RVP- related SIP revision is consistent with the applicable provisions of the CAA.

Federal Register, Volume 80 Issue 98 (Thursday, May 21, 2015)
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Proposed Rules]
[Pages 29230-29237]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12348]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0260; FRL-9928-12-Region 4]


Approval and Promulgation of Implementation Plans; North 
Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor 
Pressure Requirement for the Gaston and Mecklenburg Counties in North 
Carolina

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State of North Carolina's April 16, 2015, revision to its 
State Implementation Plan (SIP), submitted through the North Carolina 
Department of Environment and Natural Resources, Division of Air 
Quality (DAQ), in support of the State's request that EPA change the 
Federal Reid Vapor Pressure (RVP) requirements for Gaston and 
Mecklenburg Counties. This RVP-related SIP revision evaluates whether 
changing the Federal RVP requirements in these counties would interfere 
with the requirements of the Clean Air Act (CAA or Act). North 
Carolina's April 16, 2015, RVP-related SIP revision also updates the 
State's maintenance plan and the associated motor vehicle emissions 
budgets (MVEBs) related to its redesignation request for the North 
Carolina portion of the Charlotte-Gastonia-Salisbury 2008 8-hour ozone 
nonattainment area (Charlotte 2008 Ozone Area) to reflect the requested 
change in the Federal RVP requirements. EPA is also proposing to 
approve these updates to the maintenance plan and associated MVEBs. EPA 
has preliminarily determined that North Carolina's April 16, 2015, RVP-
related SIP revision is consistent with the applicable provisions of 
the CAA.

DATES: Written comments must be received on or before June 11, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2015-0260 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2015-0260, Air Regulatory Managment Section 
(formerly the Regulatory Development Section), Air Planning and 
Implementation Branch (formerly the 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: Ms. Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation 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 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0260. 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

[[Page 29231]]

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 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 Air Regulatory Management Section, Air Planning and 
Implementation 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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong of the Air Regulatory 
Management Section, in the Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Wong may be reached by phone at (404) 562-8726 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What is being proposed?
II. What is the background of the Charlotte area?
III. What is the history of the gasoline volatility requirement?
IV. What are the section 110(l) requirements?
V. What is EPA's analysis of North Carolina's submittal?
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. What is being proposed?

    This rulemaking proposes to approve North Carolina's April 16, 
2015, SIP revision in support of the State's request that EPA relax the 
Federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0 
psi for gasoline sold between June 1 and September 15 of each year 
(i.e., during high ozone season) in Gaston and Mecklenburg Counties. 
Specifically, EPA is proposing to approve the State's technical 
demonstration that changing the federal RVP requirements in Gaston and 
Mecklenburg Counties from 7.8 psi to 9.0 psi will not interfere with 
attainment or maintenance of any national ambient air quality standards 
(NAAQS) or with any other applicable requirement of the CAA.\1\ In a 
separate SIP revision which is currently under EPA review, DAQ is 
requesting that EPA redesignate the North Carolina portion of the 
Charlotte 2008 8-hour Ozone Area to attainment.\2\ Final action to 
approve North Carolina's requested change to the Federal RVP 
requirement for Gaston and Mecklenburg Counties is contingent, in part, 
on EPA's final action to approve North Carolina's redesignation request 
for the North Carolina portion of the Charlotte 2008 8-hour Ozone Area. 
With its redesignation request, the State included a maintenance 
demonstration plan that estimates emissions through 2026 using a 7.8 
psi RVP requirement rather than the 9.0 psi RVP requirement. However, 
through the April 16, 2015 RVP-related SIP revision (the subject of 
this proposed rulemaking), DAQ updated the mobile emissions for that 
maintenance plan (including the MVEBs) to reflect the State's request 
for EPA to change the Federal RVP requirement for Gaston and 
Mecklenburg Counties to 9.0 psi. The updates are summarized on page 24 
of the State's submittal titled ``Charlotte 2008 Ozone Redesignation 
and Maintenance SIP_with_RVP_Demo_Final_04-16-15'', and may be accessed 
at www.regulations.gov using Docket ID No. EPA-R04-OAR-2015-0260. This 
proposed action would also update that maintenance plan to reflect the 
change for mobile emissions and the associated MVEBs due to the 
proposed change in the Federal RVP requirements for Gaston and 
Mecklenburg Counties.
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    \1\ A separate rulemaking is required for relaxation of the 
current requirement to use gasoline with an RVP of 7.8 psi in these 
counties. This action proposes EPA's evaluation of the approvability 
of North Carolina's noninterference demonstration pursuant to 
section 110(l). The decision regarding removal of Federal RVP 
requirements pursuant to section 211(h) in the Area includes other 
considerations evaluated at the discretion of the Administrator. As 
such, the determination regarding whether to remove the Area from 
those areas subject to the section 211(h) requirements is made 
through a separate rulemaking action.
    \2\ See footnote 4 for a geographic description of the Charlotte 
2008 8-hour Ozone Area.
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    As mentioned above, North Carolina is requesting the removal of the 
Federal 7.8 psi RVP requirement for Gaston and Mecklenburg Counties 
and, as part of that request, has evaluated whether removal of this 
requirement would interfere with attainment or maintenance of the 
NAAQS. To make this demonstration, North Carolina completed a technical 
analysis to estimate the change in emissions that would result from a 
switch to 9.0 psi RVP fuel. EPA has reviewed this technical analysis 
and is proposing to find that North Carolina's technical demonstration 
supports the conclusion that the use of gasoline with an RVP of 9.0 psi 
in Gaston and Mecklenburg Counties will not interfere with attainment 
or maintenance of any NAAQS or with any other applicable requirement of 
the CAA in the Charlotte Area.\3\ In addition to proposing to approve 
DAQ's noninterference demonstration, EPA is also proposing to approve 
the update to the maintenance plan and MVEBs associated with the 
State's request to redesignate the North Carolina portion of the 
Charlotte 2008 8-hour Ozone Area to reflect the requested change in the 
Federal RVP requirements for Gaston and Mecklenburg Counties.
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    \3\ The use of the term ``Charlotte Area'' in the remainder of 
this document refers to the EPA-designated area for the relevant 
NAAQS that includes Gaston and Mecklenburg Counties.
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    This preamble is hereinafter organized into five parts. Section II 
provides the background of the Charlotte Area designation status with 
respect to the various ozone NAAQS. Section III describes the 
applicable history of federal gasoline regulation. Section IV provides 
the Agency's policy regarding relaxation of the volatility standards. 
Section V provides EPA's analysis of the information submitted by North 
Carolina to support a change to the Federal RVP standard in Gaston and 
Mecklenburg Counties.

II. What is the background of the Charlotte area?

    The Charlotte Area was originally designated as a 1-hour ozone 
nonattainment area by EPA on March 3, 1978 (43 FR 8962) and was 
geographically defined as Mecklenburg County, North Carolina. On 
November 6, 1991, by operation of law under section 181(a) of the CAA, 
EPA classified the Charlotte Area as a moderate nonattainment area for 
ozone and added Gaston County to the

[[Page 29232]]

nonattainment area. See 56 FR 56693. Among the requirements applicable 
to nonattainment areas for the 1-hour ozone NAAQS was the requirement 
to meet certain volatility standards (known as Reid Vapor Pressure or 
RVP) for gasoline sold commercially. See 55 FR 23658 (June 11, 1990). 
As discussed in section III, below, a 7.8 psi Federal RVP requirement 
first applied to Gaston and Mecklenburg Counties during the high ozone 
season given its status as a nonattainment area for the 1-hour ozone 
standard.
    DAQ requested a redesignation of the Charlotte Area to attainment 
for the 1-hour ozone NAAQS in 1993. The Area attained the 1-hour ozone 
NAAQS and was redesignated to attainment for the 1-hour ozone on July 
5, 1995, based on 1990-1993 ambient air quality monitoring data. See 60 
FR 34859. North Carolina's 1-hour ozone redesignation request did not 
include a request to relax the 7.8 psi Federal RVP standard.
    On April 30, 2004, EPA designated and classified areas for the 1997 
8-hour ozone NAAQS that was promulgated on July 18, 1997, as 
unclassifiable/attainment or nonattainment for the new 8-hour ozone 
NAAQS. See 69 FR 23857. The Charlotte Area was designated as 
nonattainment for the 1997 8-hour ozone NAAQS with a design value of 
0.100 parts per million (ppm).\4\ Subsequently, the Charlotte Area 
attained the 1997 8-hour ozone NAAQS with a design value of 0.082 ppm 
using three years of quality assured data for the years of 2008-2010. 
The Charlotte Area was redesignated to attainment for the 1997 8-hour 
ozone NAAQS in a final rulemaking on December 2, 2013. See 78 FR 72036. 
North Carolina's 1997 8-hour ozone redesignation request did not 
include a request for the removal of the 7.8 psi Federal RVP standard 
for the Charlotte Area, and thus modeled 7.8 psi for Gaston and 
Mecklenburg Counties to support the maintenance demonstration.
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    \4\ The nonattainment area for the 1997 8-hour ozone standard 
consists of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union and 
a portion of Iredell County (Davidson and Coddle Creek Townships), 
North Carolina and a portion of York County, South Carolina. The 7.8 
psi RVP standard continued to apply to Gaston and Mecklenburg 
counties whereas the remaining counties in the nonattainment area 
are subject to the 9.0 psi RVP standard.
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    On May 21, 2012, EPA designated and classified areas for the 2008 
8-hour ozone NAAQS that was promulgated on March 27, 2008, as 
unclassifiable/attainment or nonattainment for the new 8-hour ozone 
NAAQS. See 77 FR 30088. The Charlotte Area was designated as 
nonattainment for the 2008 8-hour ozone NAAQS with a design value of 
0.079 ppm.\5\ On April 16, 2015, DAQ submitted a redesignation request 
and maintenance plan for the North Carolina portion of the Charlotte 
2008 8-hour Ozone Area for EPA's approval. In that submittal, the State 
included a maintenance demonstration that estimates emissions using a 
7.8 psi RVP requirement for Gaston and Mecklenburg Counties for the 
2008 8-hour ozone redesignation request and maintenance plan. EPA is 
taking action on the aforementioned redesignation request and 
maintenance plan in a separate rulemaking. However, also on April 16, 
2015, to support its request for EPA to change the Federal RVP 
requirement for Gaston and Mecklenburg Counties, DAQ submitted a SIP 
revision that contains a noninterference demonstration that included 
updated modeling assuming 9.0 psi for RVP for Gaston and Mecklenburg 
Counties and updates the maintenance plan submission and associated 
MVEBs for the North Carolina portion of the Charlotte 2008 8-hour Ozone 
Area.
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    \5\ The nonattainment area for the 2008 8-hour ozone standard 
includes the same counties in the nonattainment area for the 1997 8-
hour ozone standard, but it has a smaller geographical boundary than 
the 1997 8-hour ozone nonattainment area. The 2008 8-hour ozone 
nonattainment area includes the entire county of Mecklenburg and 
portions of the following counties: Cabarrus (Central Cabarrus, 
Concord, Georgeville, Harrisburg, Kannapolis, Midland, Mount 
Pleasant, Odell, Poplar Tent, New Gilead and Rimertown Townships), 
Gaston (Dallas, Crowders Mountain, Gastonia, Riverbend and South 
Point Townships), Iredell (Coddle and Davidson Townships), Lincoln 
(Catawba Springs, Lincolnton and Ironton Townships), Rowan (Atwell, 
China Grove, Franklin, Gold Hill, Litaker, Locke, Providence, 
Salisbury, Steele and Unity Townships) and Union (Goose Creek, 
Marshville, Monroe, Sandy Ridge and Vance Townships) for North 
Carolina, and a portion of York County (excluding the Indian Country 
associated with the Catawba Indian Nation) for South Carolina. 
Though the number of counties remained the same for the 2008 ozone 
nonattainment area, Gaston and Mecklenburg adhered the 7.8 psi RVP 
requirement while remaining counties were subjected to the RVP of 
9.0 psi.
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III. What is the history of the gasoline volatility requirement?

    On August 19, 1987 (52 FR 31274), EPA determined that gasoline 
nationwide had become increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOCs), 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 
or 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 section 211(c) 
of CAA, EPA promulgated regulations on March 22, 1989 (54 FR 11868), 
that set maximum limits for the RVP of gasoline sold during the high 
ozone season. These regulations constituted Phase I of a two-phase 
nationwide program, which was designed to reduce the volatility of 
commercial gasoline during the summer ozone control season. On June 11, 
1990 (55 FR 23658), 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 during the high 
ozone season).
    The 1990 CAA Amendments established a new section, 211(h), to 
address fuel volatility. Section 211(h) requires 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. Section 211(h) prohibits EPA from establishing a volatility 
standard more stringent than 9.0 psi in an attainment area, except that 
EPA may impose a lower (more stringent) standard in any former ozone 
nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), EPA modified the Phase II 
volatility regulations to be consistent with section 211(h) of the CAA. 
The modified regulations prohibited the sale of gasoline with an RVP 
above 9.0 psi in all areas designated attainment for ozone, beginning 
in 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658). A current listing of the RVP requirements for states can be 
found at 40 CFR 80.27(a)(2) as well as on EPA's Web site at: http://www.epa.gov/otaq/fuels/gasolinefuels/volatility/standards.htm.
    As explained in the December 12, 1991 (56 FR 64704), Phase II 
rulemaking, 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

[[Page 29233]]

as an attainment area, section 107(d)(3) of the Act requires the state 
to make a showing, pursuant to section 175A of the Act, that the area 
is capable of maintaining attainment for the ozone NAAQS for ten years 
after redesignation. 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, EPA 
will not change the volatility standard unless the state requests a 
change and the maintenance plan demonstrates, to the satisfaction of 
EPA, that the area will maintain attainment for ten years without the 
need for the more stringent volatility standard.
    As noted above, North Carolina did not request a change of the 
applicable 7.8 psi Federal RVP standard when the Charlotte Area was 
redesignated to attainment for the either the 1-hour or the 1997 8-hour 
ozone NAAQS. The State, in conjunction with its request to redesignate 
the North Carolina portion of the Charlotte 2008 8-hour Ozone Area to 
attainment,\6\ is now requesting a change of the Federal RVP 
requirement from 7.8 psi to 9.0 psi. EPA's consideration of this 
requested change for the Federal RVP requirements for Gaston and 
Mecklenburg Counties is contingent, in part, upon EPA approving North 
Carolina's redesignation request and maintenance plan for the North 
Carolina portion of the Charlotte 2008 8-hour Ozone Area. To make the 
requested change in the Federal RVP requirements for Gaston and 
Mecklenburg Counties, EPA would also have to approve the updates to 
North Carolina's maintenance plan and MVEBs included with the State's 
April 16, 2015, RVP-related SIP revision.\7\
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    \6\ See footnote 4 for a geographic description of the Charlotte 
NC 2008 8-hour Ozone Area.
    \7\ The maintenance plan has to ensure maintenance of the 0.075 
ppm 2008 8-hour ozone NAAQS which is more stringent than the 0.080 
ppm 1997 8-hour ozone NAAQS.
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IV. What are the section 110(l) requirements?

    To support North Carolina's request to relax the Federal RVP 
requirement for Gaston and Mecklenburg Counties, the State must 
demonstrate that the requested change will satisfy section 110(l) of 
the CAA. Section 110(l) requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any other 
applicable requirement of the Act. EPA's criterion for determining the 
approvability of North Carolina's April 16, 2015, RVP-related SIP 
revision is whether the noninterference demonstration associated with 
the relaxation request satisfies section 110(l).
    EPA evaluates each section 110(l) noninterference demonstration on 
a case-by-case basis considering the circumstances of each SIP 
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 degree of analysis focused on 
any particular NAAQS in a noninterference demonstration varies 
depending on the nature of the emissions associated with the proposed 
SIP revision. EPA's analysis of North Carolina's April 16, 2015, SIP 
revision pursuant to section 110(l) is provided below.
    As previously mentioned, EPA is proposing three actions in relation 
to the State's April 16, 2015, noninterference demonstration. First, 
EPA is proposing to approve North Carolina's update to the maintenance 
plan associated with the State's redesignation request for the North 
Carolina portion of the Charlotte 2008 8-hour Ozone Area to reflect 
modeling of 9.0 psi for RVP for Gaston and Mecklenburg Counties. 
Second, EPA is proposing to approve the revised MVEBs that result from 
the updated mobile modeling to reflect the change in RVP for Gaston and 
Mecklenburg Counties. Third, EPA is proposing to approve the State's 
technical demonstration that the switch to the sale of gasoline with an 
RVP of 9.0 psi in Gaston and Mecklenburg Counties during the high ozone 
season will not interfere with attainment or maintenance of the NAAQS 
and to amend the SIP to include this demonstration. Consistent with CAA 
section 211(h) and the Phase II volatility regulations, a separate 
rulemaking is required to change the current Federal requirement to use 
gasoline with a 7.8 psi RVP in Gaston and Mecklenburg Counties.

V. What is EPA's analysis of North Carolina's submittal?

a. Overall Preliminary Conclusions Regarding North Carolina's 
Noninterference Analyses

    On April 16, 2015, DAQ submitted a noninterference demonstration to 
support the State's request to modify the RVP summertime gasoline 
requirement from 7.8 psi to 9.0 psi for Gaston and Mecklenburg 
Counties. This demonstration includes an evaluation of the impact that 
the removal of the 7.8 psi RVP requirement for these counties would 
have on the Area's ability to attain or maintain the 1997 and 2008 
ozone standards or other NAAQS in the Charlotte Area.\8\ North 
Carolina's noninterference analysis evaluated the impact of the change 
in RVP on the Area's ability to attain or maintain the ozone, 
particulate matter (PM),\9\ Nitrogen Dioxide (NO2), sulfur 
dioxide (SO2), and carbon monoxide (CO) NAAQS.
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    \8\ The six NAAQS for which EPA establishes health and welfare 
based standards are CO, lead, NO2, ozone, PM, and 
SO2. RVP requirements do not have an impact on actual or 
modeled lead emissions.
    \9\ PM is composed of PM2.5 and PM10.
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    DAQ's noninterference analysis utilized EPA's 2014 Motor Vehicle 
Emissions Simulator (MOVES) emission modeling system to estimate 
emissions for mobile sources. These mobile source emissions are used as 
part of the evaluation of the potential impacts to the NAAQS that might 
result exclusively from changing the high ozone season RVP requirement 
from 7.8 psi to 9.0 psi. As summarized in Tables 1 and 2, below, the 
MOVES model predicted minor increases in on-road mobile source 
NOX and VOC emissions in the North Carolina portion of the 
Charlotte 2008 8-hour Ozone Area due to relaxation of the RVP 
requirement. Daily on-road mobile NOX emissions are 
projected to increase by 0.11 ton in 2015 down to an increase of 0.01 
ton in 2026 during the ozone season. Daily on-road mobile VOC emissions 
are projected to increase by 0.18 ton in 2015 down to an increase of 
0.04 ton in 2026 during the ozone season.

[[Page 29234]]



                Table 1--On-Road Mobile Source NOX Emissions (Average Tons/Day) for Ozone Season
----------------------------------------------------------------------------------------------------------------
                                                                    7.8 psi RVP
             County              -------------------------------------------------------------------------------
                                       2014            2015            2018            2022            2026
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\....................            6.60            5.93            3.94            2.79            1.86
Gaston \1\ \2\..................            8.11            7.23            4.60            3.04            1.97
Iredell \1\.....................            3.36            3.05            2.05            1.41            0.93
Lincoln \1\.....................            3.00            2.75            1.84            1.23            0.76
Mecklenburg \2\.................           26.99           24.12           14.35            9.63            6.85
Rowan \1\.......................            6.42            5.75            3.73            2.56            1.59
Union \1\.......................            5.67            5.14            3.41            2.28            1.51
                                 -------------------------------------------------------------------------------
    Total.......................           60.15           53.97           33.92           22.94           15.47
----------------------------------------------------------------------------------------------------------------
                                                                    9.0 psi RVP
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\....................  ..............            5.93            3.94            2.79            1.86
Gaston \1\ \2\..................  ..............            7.26            4.62            3.04            1.98
Iredell \1\.....................  ..............            3.05            2.05            1.41            0.93
Lincoln \1\.....................  ..............            2.75            1.84            1.23            0.76
Mecklenburg \2\.................  ..............           24.20           14.39            9.65            6.85
Rowan \1\.......................  ..............            5.75            3.73            2.56            1.59
Union \1\.......................  ..............            5.14            3.41            2.28            1.51
                                 -------------------------------------------------------------------------------
    Total.......................  ..............           54.08           33.98           22.96           15.48
----------------------------------------------------------------------------------------------------------------
Emissions Increase..............  ..............            0.11            0.06            0.02            0.01
----------------------------------------------------------------------------------------------------------------
\1\ Emissions are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-
  hour Ozone Area.
\2\ Only Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.


                Table 2--On-Road Mobile Source VOC Emissions (Average Tons/Day) for Ozone Season
----------------------------------------------------------------------------------------------------------------
                                                                    7.8 psi RVP
             County              -------------------------------------------------------------------------------
                                       2014            2015            2018            2022            2026
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\....................            4.15            3.89            3.01            2.53            2.04
Gaston \1\ \2\..................            4.61            4.24            3.05            2.31            1.72
Iredell \1\.....................            1.95            1.82            1.40            1.10            0.82
Lincoln \1\.....................            1.91            1.81            1.37            1.07            0.79
Mecklenburg \2\.................           14.40           13.28           10.00            8.18            6.64
Rowan \1\.......................            3.76            3.48            2.57            1.93            1.41
Union \1\.......................            3.54            3.30            2.54            2.04            1.56
                                 -------------------------------------------------------------------------------
    Total.......................           34.32           31.82           23.94           19.16           14.98
----------------------------------------------------------------------------------------------------------------
                                                                    9.0 psi RVP
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\....................  ..............            3.89            3.01            2.53            2.04
Gaston \1\ \2\..................  ..............            4.29            3.08            2.32            1.73
Iredell \1\.....................  ..............            1.82            1.40            1.10            0.82
Lincoln \1\.....................  ..............            1.81            1.37            1.07            0.79
Mecklenburg \2\.................  ..............           13.41           10.09            8.22            6.67
Rowan \1\.......................  ..............            3.48            2.57            1.93            1.41
Union \1\.......................  ..............            3.30            2.54            2.04            1.56
                                 -------------------------------------------------------------------------------
    Total.......................  ..............           32.00           24.06           19.21           15.02
----------------------------------------------------------------------------------------------------------------
Emissions Increase..............  ..............            0.18            0.12            0.05            0.04
----------------------------------------------------------------------------------------------------------------
\1\ Emissions are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-
  hour Ozone Area.
\2\ Only Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.

    Table 3, below, shows the total estimated anthropogenic emissions 
of NOX and VOC from area, point, on-road, and nonroad source 
categories for the North Carolina Portion of the Charlotte 2008 8-hour 
Ozone Area. Emissions reported for 2014 assume the use of 7.8 psi RVP 
fuel for Gaston and Mecklenburg Counties whereas emissions from 2015 
through 2026 assume the use of 9.0 psi RVP fuel. NOX and VOC 
emissions are projected to continue to decrease in the Charlotte 8-hour 
Ozone Area using 9.0 psi RVP fuel in the entire Area for years 2015 
through 2026. DAQ's analysis also estimates that RVP relaxation could 
increase anthropogenic VOC emissions by 0.42 tpd in 2015 and 0.32 tpd 
in 2026 and could increase anthropogenic NOX emissions by 
0.11 tpd in 2015 and 0.01 tpd in 2026.

[[Page 29235]]



                 Table 3--Total Anthropogenic Emissions
------------------------------------------------------------------------
                                                NOX  (tons/  VOC  (tons/
                     Year                           day)         day)
------------------------------------------------------------------------
2014..........................................       130.18       113.12
2015..........................................       124.18       111.09
2018..........................................        94.33       104.41
2022..........................................        86.67       101.74
2026..........................................        67.54       100.46
Difference from 2014 to 2026..................       -62.64       -12.66
------------------------------------------------------------------------

b. Noninterference Analysis for the Ozone NAAQS

    As discussed above, the Charlotte Area is currently designated as 
attainment for the 1997 8-hour ozone NAAQS, and in a separate action, 
EPA is considering the State's redesignation request for the 2008 8-
hour ozone NAAQS. Although the Charlotte Area was previously designated 
as nonattainment for the 1997 8-hour ozone NAAQS, the Charlotte Area 
was redesignated to attainment for that NAAQS on December 2, 2014. See 
78 FR 72036.
    Table 4, below, shows the safety margins \10\ from a 2014 base year 
with 7.8 psi RVP fuel to the years 2015, 2018, 2022, and 2026 with 9.0 
psi RVP fuel for the entire Charlotte 2008 8-hour Ozone Area. The 
safety margins identified in Table 4 indicate that the switch to 9.0 
psi RVP fuel in Gaston and Mecklenburg Counties will not interfere with 
the Area's ability to attain or maintain the 2008 8-hour ozone 
NAAQS.\11\
---------------------------------------------------------------------------

    \10\ The safety margin is the difference between the attainment 
level of emissions in the base year from all source categories 
(point, area, on-road and nonroad) and the projected level of 
emissions in future years from all source categories.
    \11\ The Charlotte Area is located within a NOX-
limited region. A NOX-limited region is one in which the 
concentration of ozone is limited by the amount of NOX 
emissions. NOX and VOC are precursors to the formation of 
ozone in the atmosphere. In a NOX-limited area, high 
prevailing concentrations of VOC from naturally-occurring sources 
are present in the atmosphere to contribute to ozone formation. 
Consequently, reduction of manmade, or anthropogenic, sources of VOC 
emissions generally do not result in reduced ozone formation. 
Instead, reductions of NOX emissions provide a more 
effective ozone reduction strategy because reduced emissions of 
manmade NOX emissions limit the amount of NOX 
available in the atmosphere for ozone formation. See, e.g., The 
State of the Southern Oxidants Study (SOS) Policy Relevant Findings 
in Ozone and PM2.5 Pollution Research 1995-2003 (June 30, 2004), 
http://www.ncsu.edu/sos/pubs/sos3/State_of_SOS_3.pdf.

                         Table 4--Safety Margin
------------------------------------------------------------------------
                                                NOX  (tons/  VOC  (tons/
                     Year                           day)         day)
------------------------------------------------------------------------
2014..........................................          N/A          N/A
2015..........................................        -6.00        -2.03
2018..........................................       -35.85        -8.71
2022..........................................       -43.51       -11.38
2026..........................................       -62.64       -12.66
------------------------------------------------------------------------

    Because the 2008 8-hour ozone NAAQS is more stringent than the 1997 
8-hour ozone standard, North Carolina's April 16, 2015, noninterference 
demonstration for the ozone NAAQS is focused on the 2008 8-hour ozone 
standard. The 2008 8-hour ozone NAAQS is met when the annual fourth-
highest daily maximum 8-hour average concentration, averaged over 3 
years is 0.075 ppm or less. As shown in Table 5, all of the ozone 
monitors in the Charlotte 2008 8-hour Ozone Area are currently below 
the 2008 8-hour ozone standard.

                                                    Table 5--Charlotte Area Ozone Design Values (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Monitor                             2007-2009       2008-2010       2009-2011       2010-2012       2011-2013       2012-2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
Crouse..................................................           0.076           0.072           0.071           0.075           0.072           0.068
Garinger................................................           0.082           0.078           0.079           0.083           0.078           0.070
Arrowood................................................           0.076           0.073           0.076           0.077           0.072           0.066
County Line.............................................           0.086           0.082           0.078           0.083           0.078           0.073
Rockwell................................................           0.083           0.077           0.075           0.078           0.073           0.068
Enochville..............................................           0.083           0.077           0.076           0.077           0.072          (\12\)
Monroe..................................................           0.076           0.072           0.070           0.073           0.070           0.068
York....................................................           0.072           0.067           0.064           0.065           0.063           0.060
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 5 also shows that there is an overall downward trend in ozone 
concentrations in the Charlotte 2008 8-hour Ozone Area. This decline 
can be attributed to Federal and State programs that have led to 
significant emissions reductions in ozone precursors. Given this 
downward trend, the current ozone concentrations in the Charlotte 2008 
8-hour Ozone Area, and the results of North Carolina's emissions 
analysis, EPA has preliminarily determined that a change to 9.0 psi RVP 
fuel for Gaston and Mecklenburg Counties would not interfere with the 
Area's ability to attain or maintain the 1997 or 2008 ozone NAAQS in 
the Charlotte Area.
---------------------------------------------------------------------------

    \12\ The Enochville monitor shut down after the 2014 monitoring 
season. There was not enough data at the location to calculate a 3-
year average design value for 2012-2014.
---------------------------------------------------------------------------

c. Noninterference Analysis for the PM NAAQS

    Over the course of several years, EPA has reviewed and revised the 
PM2.5 NAAQS a number of times. On July 16, 1997, EPA 
established an annual PM2.5 NAAQS of 15.0 micrograms per 
cubic meter ([mu]g/m\3\), based on a 3-year average of annual mean 
PM2.5 concentrations, and a 24-hour PM2.5 NAAQS 
of 65 [mu]g/m\3\, based on a 3-year average of the 98th percentile of 
24-hour concentrations. See 62 FR 36852 (July 18, 1997). On September 
21, 2006, EPA retained the 1997 Annual PM2.5 NAAQS of 15.0 
[mu]g/m\3\ but revised the 24-hour PM2.5 NAAQS to 35 [mu]g/
m\3\, based again on a 3-year average of the 98th percentile of 24-hour 
concentrations. See 71 FR 61144 (October 17, 2006). On December 14, 
2012, EPA retained the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/
m\3\ but revised the annual primary PM2.5 NAAQS to 12.0 
[mu]g/m\3\, based again on a 3-year average of annual mean 
PM2.5 concentrations. See 78 FR 3086 (January 15, 2013).
    EPA promulgated designations for the 1997 Annual PM2.5 
NAAQS on January 5, 2005 (70 FR 944), and April 14, 2005 (70 FR 19844). 
The Charlotte Area was designated unclassifiable/attainment for the 
1997 Annual PM2.5 standards. As mentioned above, EPA revised 
the Annual PM2.5 NAAQS in December 2012. EPA completed 
designations for the 2012 Annual PM2.5 NAAQS for most areas 
on December 14, 2015, and designated counties in the Charlotte Area as 
unclassifiable/attainment. See 80 FR 2206 (January 15, 2015).

[[Page 29236]]

    In 2013, the Charlotte Area PM2.5 design values were 9.8 
[mu]g/m\3\ for the Annual PM2.5 NAAQS and 22 [mu]g/m\3\ for 
the 24-hour PM2.5 NAAQS. North Carolina's MOVES2014 modeling 
predicted slight reductions of direct PM2.5 emissions (0.23 
percent reduction in 2015 and a 0.61 percent reduction in 2026) after 
changing the model inputs to reflect the proposed use of 9.0 psi RVP 
fuel in Gaston and Mecklenburg Counties. As discussed above, the 
MOVES2014 modeling also predicted small increases in NOX and 
VOC emissions due to the proposed RVP relaxation. However, EPA believes 
that any resulting increase in ambient PM2.5 concentrations 
resulting from these changes would not cause interference with the 
PM2.5 NAAQS because the NOX and VOC mobile 
emission increases would be small in relation to the current total 
emissions and because ambient PM2.5 concentrations in the 
southeastern U.S. tend to be impacted more significantly by direct 
PM2.5 and SO2 emissions than by NOX 
and anthropogenic VOC emissions.\13\ As discussed below, the MOVES2014 
model did not predict any impact on SO2 emissions due to RVP 
relaxation in Gaston and Mecklenburg Counties. Given the current 
PM2.5 concentrations in the Charlotte Area and the results 
of North Carolina's emissions analysis, EPA has preliminarily 
determined that a change to 9.0 psi RVP fuel for Gaston and Mecklenburg 
Counties would not interfere with maintenance of the 1997 Annual 
PM2.5 NAAQS or the 2006 24-hour PM2.5 NAAQS in 
the Charlotte Area.\14\
---------------------------------------------------------------------------

    \13\ The main precursors for PM2.5 are 
NOX, SO2, VOC and ammonia. There have been a 
number of studies in the Southeast which have indicated that 
SO2 is the primary driver of PM2.5 formation 
in the Southeast. See, e.g., Journal of Environmental Engineering- 
Quantifying the sources of ozone, fine particulate matter, and 
regional haze in the Southeastern United States (June 24, 2009), 
http://www.journals.elsevier.com/journal-of-environmental-management.
    \14\ EPA has also preliminarily determined that a change to 9.0 
psi RVP fuel in the Charlotte Area would not interfere with 
maintenance of the Annual PM10 NAAQS of 150 [micro]g/m\3\ 
given the results of North Carolina's emissions analysis and the 
fact that the Area is currently attaining the PM10 
standard. Because PM2.5 is a component of 
PM10, this preliminary determination is further supported 
by the downward trend in PM2.5 identified above.
---------------------------------------------------------------------------

d. Noninterference Analysis for the 2010 NO2 NAAQS

    On February 17, 2012, EPA designated all counties in North Carolina 
as unclassifiable/attainment for the 2010 NO2 NAAQS. See 77 
FR 9532. Based on the technical analysis in North Carolina's April 16, 
2015, RVP-related SIP revision, the projected increase in total 
anthropogenic NOX emissions associated with the change to 
9.0 psi RVP fuel for Gaston and Mecklenburg Counties is approximately 
0.11 tpd in 2015 and 0.01 tpd in 2026. Given the current 
unclassifiable/attainment designation and the results of North 
Carolina's emissions analysis, EPA has preliminarily determined that a 
change to 9.0 psi RVP fuel for Gaston and Mecklenburg Counties would 
not interfere with maintenance of the 2010 NO2 NAAQS in the 
Charlotte Area.

e. Noninterference Analysis for the CO NAAQS

    In November 6, 1991, Mecklenburg County was classified as ``not 
classified'' for the 1971 8-hour CO NAAQS of 9 ppm. See 56 FR 56694. 
Mecklenburg County was redesignated to attainment for the 8-hour CO 
NAAQS on August 2, 1995. See 60 FR 39258. On August 31, 2011, EPA 
retained the 8-hour standard and 1-hour standard. See 76 FR 54294. 
Gaston and Mecklenburg Counties remain in attainment for the 1971 and 
2011 1-hour and 8-hour CO NAAQS.
    North Carolina's MOVES2014 modeling projected an increase in total 
on-road mobile source CO emissions of approximately 2.78 tpd in 2015 
and 1.44 tpd in 2026 (0.71 percent and 0.60 percent of estimated total 
on-road mobile source emissions in those years, respectively) after 
changing the model inputs to reflect the proposed use of 9.0 psi RVP 
fuel in Gaston and Mecklenburg Counties. The 2012 and 2013 ambient 
monitoring data showed maximum 8-hour concentration of 1.2 ppm for the 
8-hour CO. Additionally, 2012 and 2013 ambient monitoring data showed 
maximum 1-hour CO concentrations of 2.3 and 1.7 ppm, respectively, well 
below the 35 ppm 1-hour CO NAAQS. Given the current unclassifiable/
attainment designation, ambient monitoring data, and the results of 
North Carolina's emissions analysis, EPA has preliminarily determined 
that a change to 9.0 psi RVP fuel for Gaston and Mecklenburg Counties 
would not interfere with maintenance of the 1971 1-hour and 8-hour CO 
NAAQS in the Charlotte Area.

f. Noninterference Analysis for the SO2 NAAQS

    On June 22, 2010, EPA revised the 1-hour SO2 NAAQS to 75 
parts per billion (ppb) which became effective on August 23, 2010. See 
75 FR 35520. On August 5, 2013, EPA designated nonattainment only in 
areas with violating 2009-2011 monitoring data. EPA did not designate 
any county in North Carolina for the 2010 1-hour SO2 NAAQS 
as part of the initial designation. See 78 FR 47191. On March 2, 2015, 
a Consent Decree was issued by the United States District Court for the 
Northern District of California stipulating the time and method for 
designating the remaining areas in the Country.\15\
---------------------------------------------------------------------------

    \15\ Copy of the Consent Decree- http://www.epa.gov/so2designations/pdfs/201503FinalCourtOrder.pdf.
---------------------------------------------------------------------------

    North Carolina's MOVES2014 modeling did not predict any change in 
SO2 emissions due to RVP relaxation. The Charlotte Area had 
a design value of 10 ppb, about 13 percent of the SO2 NAAQS. 
Additionally, 3 percent of total SO2 is derived from on-
road, nonroad and area sources combined and the remaining 97 percent 
from point sources.\16\ For these reasons, EPA has preliminarily 
determined that a change to 9.0 psi RVP fuel for Gaston and Mecklenburg 
Counties would not interfere with maintenance of the 2012 
SO2 NAAQS in the Charlotte Area.
---------------------------------------------------------------------------

    \16\ ``Redesignation Demonstration and Maintenance Plan for the 
Hickory (Catawba County) and Greensboro/Winston-Salem/High Point 
(Davidson and Guilford Counties) Fine Particulate Matter 
Nonattainment Areas'', submitted to the EPA on December 18, 2009, 
Figure 4-2, p. 4-4).
---------------------------------------------------------------------------

VI. Proposed Action

    EPA is proposing to approve the State of North Carolina's 
noninterference demonstration, submitted on April 16, 2015, in support 
of the State's request that EPA change the Federal RVP requirements for 
Gaston and Mecklenburg Counties from 7.8 psi to 9.0 psi. Specifically, 
EPA is proposing to find that this change in the RVP requirements for 
Gaston and Mecklenburg Counties will not interfere with attainment or 
maintenance of any NAAQS or with any other applicable requirement of 
the CAA. North Carolina's April 16, 2015, SIP revision also updates its 
maintenance plan and the associated MVEBs related to the State's 
redesignation request for the North Carolina portion of the 2008 
Charlotte 8-hour Ozone Area to reflect emissions changes for the 
requested change to the Federal RVP requirements. EPA is proposing to 
approve those changes to update the maintenance plan and the MVEBs. As 
previously mentioned, final action on North Carolina's noninterference 
demonstration is contingent upon EPA approving the State's 
redesignation request and maintenance plan for the North Carolina 
portion of Charlotte 2008 8-hour Ozone Area.
    EPA has preliminarily determined that North Carolina's April 16, 
2015, RVP-related SIP revision is consistent with the applicable 
provisions of the

[[Page 29237]]

CAA. EPA is not proposing action today to remove the Federal 7.8 psi 
RVP requirement for Gaston and Mecklenburg Counties. Any such proposal 
would occur in a separate and subsequent rulemaking.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and does not propose to 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, October 7, 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000) nor 
will it 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, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: May 12, 2015.
Heather McTeer Toney
Regional Administrator, Region 4.
[FR Doc. 2015-12348 Filed 5-20-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                29230                    Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                notice of intent might be subject to                      Authority: 21 U.S.C. 811, 812, 871(b),              approve these updates to the
                                                section 553 of the APA, the                             unless otherwise noted.                               maintenance plan and associated
                                                Administrator finds that there is good                  ■ 2. In § 1308.11, add paragraph (h)(24)              MVEBs. EPA has preliminarily
                                                cause to forgo the notice and comment                   to read as follows:                                   determined that North Carolina’s April
                                                requirements of section 553, as any                                                                           16, 2015, RVP-related SIP revision is
                                                                                                        § 1308.11    Schedule I.
                                                further delays in the process for                                                                             consistent with the applicable
                                                issuance of temporary scheduling orders                 *     *    *    *     *                               provisions of the CAA.
                                                would be impracticable and contrary to                    (h) * * *                                           DATES: Written comments must be
                                                the public interest in view of the                        (24) N-(1-phenethylpiperidin-4-yl)-N-               received on or before June 11, 2015.
                                                manifest urgency to avoid an imminent                   phenylacetamide, its optical, positional,
                                                                                                                                                              ADDRESSES: Submit your comments,
                                                hazard to the public safety.                            and geometric isomers, salts and salts of
                                                                                                        isomers (Other names: Acetyl                          identified by Docket ID Number EPA–
                                                   Although the DEA believes this notice                                                                      R04–OAR–2015–0260 by one of the
                                                of intent to issue a temporary                          fentanyl)—(9821)
                                                                                                                                                              following methods:
                                                scheduling order is not subject to the                  *     *    *    *     *                                  1. www.regulations.gov: Follow the
                                                notice and comment requirements of                       Dated: May 14, 2015.                                 on-line instructions for submitting
                                                section 553 of the APA, the DEA notes                                                                         comments.
                                                                                                        Michele M. Leonhart,
                                                that in accordance with 21 U.S.C.                                                                                2. Email: R4-ARMS@epa.gov.
                                                                                                        Administrator.
                                                811(h)(4), the Administrator will take                                                                           3. Fax: (404) 562–9019.
                                                into consideration any comments                         [FR Doc. 2015–12331 Filed 5–20–15; 8:45 am]
                                                                                                        BILLING CODE 4410–09–P
                                                                                                                                                                 4. Mail: EPA–R04–OAR–2015–0260,
                                                submitted by the Assistant Secretary                                                                          Air Regulatory Managment Section
                                                with regard to the proposed temporary                                                                         (formerly the Regulatory Development
                                                scheduling order.                                                                                             Section), Air Planning and
                                                   Further, the DEA believes that this                  ENVIRONMENTAL PROTECTION
                                                                                                                                                              Implementation Branch (formerly the
                                                temporary scheduling action is not a                    AGENCY
                                                                                                                                                              Air Planning Branch), Air, Pesticides
                                                ‘‘rule’’ as defined by 5 U.S.C. 601(2),                                                                       and Toxics Management Division, U.S.
                                                and, accordingly, is not subject to the                 40 CFR Part 52
                                                                                                                                                              Environmental Protection Agency,
                                                requirements of the Regulatory                          [EPA–R04–OAR–2015–0260; FRL–9928–12–                  Region 4, 61 Forsyth Street SW.,
                                                Flexibility Act (RFA). The requirements                 Region 4]                                             Atlanta, Georgia 30303–8960.
                                                for the preparation of an initial                                                                                5. Hand Delivery or Courier: Ms.
                                                regulatory flexibility analysis in 5 U.S.C.             Approval and Promulgation of
                                                                                                                                                              Lynorae Benjamin, Chief, Air Regulatory
                                                603(a) are not applicable where, as here,               Implementation Plans; North Carolina:
                                                                                                                                                              Management Section, Air Planning and
                                                the DEA is not required by section 553                  Non-Interference Demonstration for
                                                                                                                                                              Implementation Branch, Air, Pesticides
                                                of the APA or any other law to publish                  Federal Low-Reid Vapor Pressure
                                                                                                                                                              and Toxics Management Division, U.S.
                                                a general notice of proposed                            Requirement for the Gaston and
                                                                                                                                                              Environmental Protection Agency,
                                                rulemaking.                                             Mecklenburg Counties in North
                                                                                                                                                              Region 4, 61 Forsyth Street SW.,
                                                   Additionally, this action is not a                   Carolina
                                                                                                                                                              Atlanta, Georgia 30303–8960. Such
                                                significant regulatory action as defined
                                                                                                        AGENCY:  Environmental Protection                     deliveries are only accepted during the
                                                by Executive Order 12866 (Regulatory
                                                                                                        Agency.                                               Regional Office’s normal hours of
                                                Planning and Review), section 3(f), and,
                                                                                                        ACTION: Proposed rule.                                operation. The Regional Office’s official
                                                accordingly, this action has not been
                                                                                                                                                              hours of business are Monday through
                                                reviewed by the Office of Management                               The Environmental Protection
                                                                                                        SUMMARY:                                              Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                and Budget (OMB).                                       Agency (EPA) is proposing to approve                  Federal holidays.
                                                   This action will not have substantial
                                                                                                        the State of North Carolina’s April 16,                  Instructions: Direct your comments to
                                                direct effects on the States, on the
                                                                                                        2015, revision to its State                           Docket ID No. EPA–R04–OAR–2015–
                                                relationship between the national
                                                                                                        Implementation Plan (SIP), submitted                  0260. EPA’s policy is that all comments
                                                government and the States, or on the
                                                                                                        through the North Carolina Department                 received will be included in the public
                                                distribution of power and
                                                                                                        of Environment and Natural Resources,                 docket without change and may be
                                                responsibilities among the various
                                                                                                        Division of Air Quality (DAQ), in                     made available online at
                                                levels of government. Therefore, in
                                                                                                        support of the State’s request that EPA               www.regulations.gov, including any
                                                accordance with Executive Order 13132
                                                                                                        change the Federal Reid Vapor Pressure                personal information provided, unless
                                                (Federalism) it is determined that this
                                                                                                        (RVP) requirements for Gaston and                     the comment includes information
                                                action does not have sufficient
                                                                                                        Mecklenburg Counties. This RVP-                       claimed to be Confidential Business
                                                federalism implications to warrant the
                                                                                                        related SIP revision evaluates whether                Information (CBI) or other information
                                                preparation of a Federalism Assessment.
                                                                                                        changing the Federal RVP requirements                 whose disclosure is restricted by statute.
                                                List of Subjects in 21 CFR Part 1308                    in these counties would interfere with                Do not submit through
                                                  Administrative practice and                           the requirements of the Clean Air Act                 www.regulations.gov or email,
                                                procedure, Drug traffic control,                        (CAA or Act). North Carolina’s April 16,              information that you consider to be CBI
                                                Reporting and recordkeeping                             2015, RVP-related SIP revision also                   or otherwise protected. The
                                                requirements.                                           updates the State’s maintenance plan                  www.regulations.gov Web site is an
                                                                                                        and the associated motor vehicle                      ‘‘anonymous access’’ system, which
                                                  For the reasons set out above, the DEA
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                        emissions budgets (MVEBs) related to                  means EPA will not know your identity
                                                proposes to amend 21 CFR part 1308 as
                                                                                                        its redesignation request for the North               or contact information unless you
                                                follows:
                                                                                                        Carolina portion of the Charlotte-                    provide it in the body of your comment.
                                                PART 1308—SCHEDULES OF                                  Gastonia-Salisbury 2008 8-hour ozone                  If you send an email comment directly
                                                CONTROLLED SUBSTANCES                                   nonattainment area (Charlotte 2008                    to EPA without going through
                                                                                                        Ozone Area) to reflect the requested                  www.regulations.gov, your email
                                                ■ 1. The authority citation for part 1308               change in the Federal RVP                             address will be automatically captured
                                                continues to read as follows:                           requirements. EPA is also proposing to                and included as part of the comment


                                           VerDate Sep<11>2014   17:21 May 20, 2015   Jkt 235001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\21MYP1.SGM   21MYP1


                                                                         Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                                      29231

                                                that is placed in the public docket and                 I. What is being proposed?                             for mobile emissions and the associated
                                                made available on the Internet. If you                     This rulemaking proposes to approve                 MVEBs due to the proposed change in
                                                submit an electronic comment, EPA                       North Carolina’s April 16, 2015, SIP                   the Federal RVP requirements for
                                                recommends that you include your                        revision in support of the State’s request             Gaston and Mecklenburg Counties.
                                                name and other contact information in                   that EPA relax the Federal RVP                            As mentioned above, North Carolina
                                                the body of your comment and with any                   requirement from 7.8 pounds per square                 is requesting the removal of the Federal
                                                disk or CD–ROM you submit. If EPA                       inch (psi) to 9.0 psi for gasoline sold                7.8 psi RVP requirement for Gaston and
                                                cannot read your comment due to                         between June 1 and September 15 of                     Mecklenburg Counties and, as part of
                                                technical difficulties and cannot contact               each year (i.e., during high ozone                     that request, has evaluated whether
                                                you for clarification, EPA may not be                   season) in Gaston and Mecklenburg                      removal of this requirement would
                                                able to consider your comment.                          Counties. Specifically, EPA is proposing               interfere with attainment or
                                                Electronic files should avoid the use of                to approve the State’s technical                       maintenance of the NAAQS. To make
                                                special characters, any form of                         demonstration that changing the federal                this demonstration, North Carolina
                                                encryption, and be free of any defects or               RVP requirements in Gaston and                         completed a technical analysis to
                                                viruses. For additional information                     Mecklenburg Counties from 7.8 psi to                   estimate the change in emissions that
                                                about EPA’s public docket visit the EPA                 9.0 psi will not interfere with                        would result from a switch to 9.0 psi
                                                Docket Center homepage at http://                       attainment or maintenance of any                       RVP fuel. EPA has reviewed this
                                                www.epa.gov/epahome/dockets.htm.                        national ambient air quality standards                 technical analysis and is proposing to
                                                   Docket: All documents in the                         (NAAQS) or with any other applicable                   find that North Carolina’s technical
                                                electronic docket are listed in the                     requirement of the CAA.1 In a separate                 demonstration supports the conclusion
                                                www.regulations.gov index. Although                     SIP revision which is currently under                  that the use of gasoline with an RVP of
                                                listed in the index, some information is                EPA review, DAQ is requesting that EPA                 9.0 psi in Gaston and Mecklenburg
                                                not publicly available, i.e., CBI or other              redesignate the North Carolina portion                 Counties will not interfere with
                                                information whose disclosure is                         of the Charlotte 2008 8-hour Ozone Area                attainment or maintenance of any
                                                restricted by statute. Certain other                    to attainment.2 Final action to approve                NAAQS or with any other applicable
                                                material, such as copyrighted material,                 North Carolina’s requested change to the               requirement of the CAA in the Charlotte
                                                is not placed on the Internet and will be               Federal RVP requirement for Gaston and                 Area.3 In addition to proposing to
                                                publicly available only in hard copy                    Mecklenburg Counties is contingent, in                 approve DAQ’s noninterference
                                                form. Publicly available docket                         part, on EPA’s final action to approve                 demonstration, EPA is also proposing to
                                                materials are available either                          North Carolina’s redesignation request                 approve the update to the maintenance
                                                electronically in www.regulations.gov or                for the North Carolina portion of the                  plan and MVEBs associated with the
                                                in hard copy at the Air Regulatory                      Charlotte 2008 8-hour Ozone Area. With                 State’s request to redesignate the North
                                                Management Section, Air Planning and                    its redesignation request, the State                   Carolina portion of the Charlotte 2008 8-
                                                Implementation Branch, Air, Pesticides                  included a maintenance demonstration                   hour Ozone Area to reflect the requested
                                                and Toxics Management Division, U.S.                    plan that estimates emissions through                  change in the Federal RVP requirements
                                                Environmental Protection Agency,                        2026 using a 7.8 psi RVP requirement                   for Gaston and Mecklenburg Counties.
                                                Region 4, 61 Forsyth Street SW.,                        rather than the 9.0 psi RVP requirement.                  This preamble is hereinafter
                                                Atlanta, Georgia 30303–8960. EPA                        However, through the April 16, 2015                    organized into five parts. Section II
                                                requests that if at all possible, you                   RVP-related SIP revision (the subject of               provides the background of the
                                                contact the person listed in the FOR                    this proposed rulemaking), DAQ                         Charlotte Area designation status with
                                                FURTHER INFORMATION CONTACT section to                  updated the mobile emissions for that                  respect to the various ozone NAAQS.
                                                schedule your inspection. The Regional                  maintenance plan (including the                        Section III describes the applicable
                                                Office’s official hours of business are                 MVEBs) to reflect the State’s request for              history of federal gasoline regulation.
                                                Monday through Friday, 8:30 a.m. to                     EPA to change the Federal RVP                          Section IV provides the Agency’s policy
                                                4:30 p.m., excluding Federal holidays.                  requirement for Gaston and                             regarding relaxation of the volatility
                                                FOR FURTHER INFORMATION CONTACT:                        Mecklenburg Counties to 9.0 psi. The                   standards. Section V provides EPA’s
                                                Richard Wong of the Air Regulatory                      updates are summarized on page 24 of                   analysis of the information submitted by
                                                Management Section, in the Air                          the State’s submittal titled ‘‘Charlotte               North Carolina to support a change to
                                                Planning and Implementation Branch,                     2008 Ozone Redesignation and                           the Federal RVP standard in Gaston and
                                                Air, Pesticides and Toxics Management                   Maintenance SIP_with_RVP_Demo_                         Mecklenburg Counties.
                                                Division, U.S. Environmental Protection                 Final_04–16–15’’, and may be accessed
                                                                                                                                                               II. What is the background of the
                                                Agency, Region 4, 61 Forsyth Street                     at www.regulations.gov using Docket ID
                                                                                                                                                               Charlotte area?
                                                SW., Atlanta, Georgia 30303–8960. Mr.                   No. EPA–R04–OAR–2015–0260. This
                                                Wong may be reached by phone at (404)                   proposed action would also update that                    The Charlotte Area was originally
                                                562–8726 or via electronic mail at                      maintenance plan to reflect the change                 designated as a 1-hour ozone
                                                wong.richard@epa.gov.                                                                                          nonattainment area by EPA on March 3,
                                                SUPPLEMENTARY INFORMATION:
                                                                                                          1 A separate rulemaking is required for relaxation   1978 (43 FR 8962) and was
                                                                                                        of the current requirement to use gasoline with an     geographically defined as Mecklenburg
                                                Table of Contents                                       RVP of 7.8 psi in these counties. This action
                                                                                                        proposes EPA’s evaluation of the approvability of
                                                                                                                                                               County, North Carolina. On November
                                                I. What is being proposed?                              North Carolina’s noninterference demonstration         6, 1991, by operation of law under
                                                II. What is the background of the Charlotte             pursuant to section 110(l). The decision regarding     section 181(a) of the CAA, EPA
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                                                     area?                                              removal of Federal RVP requirements pursuant to        classified the Charlotte Area as a
                                                III. What is the history of the gasoline                section 211(h) in the Area includes other
                                                                                                        considerations evaluated at the discretion of the
                                                                                                                                                               moderate nonattainment area for ozone
                                                     volatility requirement?                            Administrator. As such, the determination              and added Gaston County to the
                                                IV. What are the section 110(l) requirements?           regarding whether to remove the Area from those
                                                V. What is EPA’s analysis of North Carolina’s           areas subject to the section 211(h) requirements is      3 The use of the term ‘‘Charlotte Area’’ in the
                                                     submittal?                                         made through a separate rulemaking action.             remainder of this document refers to the EPA-
                                                VI. Proposed Action                                       2 See footnote 4 for a geographic description of     designated area for the relevant NAAQS that
                                                VII. Statutory and Executive Order Reviews              the Charlotte 2008 8-hour Ozone Area.                  includes Gaston and Mecklenburg Counties.



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                                                29232                    Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                nonattainment area. See 56 FR 56693.                    ozone NAAQS with a design value of                    (thereby aggravating asthma or other
                                                Among the requirements applicable to                    0.079 ppm.5 On April 16, 2015, DAQ                    respiratory conditions), increase
                                                nonattainment areas for the 1-hour                      submitted a redesignation request and                 susceptibility to respiratory infection,
                                                ozone NAAQS was the requirement to                      maintenance plan for the North Carolina               and may contribute to premature death
                                                meet certain volatility standards (known                portion of the Charlotte 2008 8-hour                  in people with heart and lung disease.
                                                as Reid Vapor Pressure or RVP) for                      Ozone Area for EPA’s approval. In that                   The most common measure of fuel
                                                gasoline sold commercially. See 55 FR                   submittal, the State included a                       volatility that is useful in evaluating
                                                23658 (June 11, 1990). As discussed in                  maintenance demonstration that                        gasoline evaporative emissions is RVP.
                                                section III, below, a 7.8 psi Federal RVP               estimates emissions using a 7.8 psi RVP               Under section 211(c) of CAA, EPA
                                                requirement first applied to Gaston and                 requirement for Gaston and                            promulgated regulations on March 22,
                                                Mecklenburg Counties during the high                    Mecklenburg Counties for the 2008 8-                  1989 (54 FR 11868), that set maximum
                                                ozone season given its status as a                      hour ozone redesignation request and                  limits for the RVP of gasoline sold
                                                nonattainment area for the 1-hour ozone                 maintenance plan. EPA is taking action                during the high ozone season. These
                                                standard.                                               on the aforementioned redesignation                   regulations constituted Phase I of a two-
                                                   DAQ requested a redesignation of the                 request and maintenance plan in a                     phase nationwide program, which was
                                                Charlotte Area to attainment for the 1-                 separate rulemaking. However, also on                 designed to reduce the volatility of
                                                hour ozone NAAQS in 1993. The Area                      April 16, 2015, to support its request for            commercial gasoline during the summer
                                                attained the 1-hour ozone NAAQS and                     EPA to change the Federal RVP                         ozone control season. On June 11, 1990
                                                was redesignated to attainment for the                  requirement for Gaston and                            (55 FR 23658), EPA promulgated more
                                                1-hour ozone on July 5, 1995, based on                  Mecklenburg Counties, DAQ submitted                   stringent volatility controls as Phase II
                                                1990–1993 ambient air quality                           a SIP revision that contains a                        of the volatility control program. These
                                                monitoring data. See 60 FR 34859.                       noninterference demonstration that                    requirements established maximum
                                                North Carolina’s 1-hour ozone                           included updated modeling assuming                    RVP standards of 9.0 psi or 7.8 psi
                                                redesignation request did not include a                 9.0 psi for RVP for Gaston and                        (depending on the State, the month, and
                                                request to relax the 7.8 psi Federal RVP                Mecklenburg Counties and updates the                  the area’s initial ozone attainment
                                                standard.                                               maintenance plan submission and                       designation with respect to the 1-hour
                                                   On April 30, 2004, EPA designated                    associated MVEBs for the North                        ozone NAAQS during the high ozone
                                                and classified areas for the 1997 8-hour                Carolina portion of the Charlotte 2008 8-             season).
                                                ozone NAAQS that was promulgated on                     hour Ozone Area.                                         The 1990 CAA Amendments
                                                July 18, 1997, as unclassifiable/                                                                             established a new section, 211(h), to
                                                attainment or nonattainment for the new                 III. What is the history of the gasoline              address fuel volatility. Section 211(h)
                                                8-hour ozone NAAQS. See 69 FR 23857.                    volatility requirement?                               requires EPA to promulgate regulations
                                                The Charlotte Area was designated as                       On August 19, 1987 (52 FR 31274),                  making it unlawful to sell, offer for sale,
                                                nonattainment for the 1997 8-hour                       EPA determined that gasoline                          dispense, supply, offer for supply,
                                                ozone NAAQS with a design value of                      nationwide had become increasingly                    transport, or introduce into commerce
                                                0.100 parts per million (ppm).4                         volatile, causing an increase in                      gasoline with an RVP level in excess of
                                                Subsequently, the Charlotte Area                        evaporative emissions from gasoline-                  9.0 psi during the high ozone season.
                                                attained the 1997 8-hour ozone NAAQS                    powered vehicles and equipment.                       Section 211(h) prohibits EPA from
                                                with a design value of 0.082 ppm using                  Evaporative emissions from gasoline,                  establishing a volatility standard more
                                                three years of quality assured data for                 referred to as volatile organic                       stringent than 9.0 psi in an attainment
                                                the years of 2008–2010. The Charlotte                   compounds (VOCs), are precursors to                   area, except that EPA may impose a
                                                Area was redesignated to attainment for                 the formation of tropospheric ozone and               lower (more stringent) standard in any
                                                the 1997 8-hour ozone NAAQS in a final                  contribute to the nation’s ground-level               former ozone nonattainment area
                                                rulemaking on December 2, 2013. See 78                  ozone problem. Exposure to ground-                    redesignated to attainment.
                                                FR 72036. North Carolina’s 1997 8-hour                  level ozone can reduce lung function                     On December 12, 1991 (56 FR 64704),
                                                ozone redesignation request did not                                                                           EPA modified the Phase II volatility
                                                include a request for the removal of the                  5 The nonattainment area for the 2008 8-hour        regulations to be consistent with section
                                                7.8 psi Federal RVP standard for the                    ozone standard includes the same counties in the      211(h) of the CAA. The modified
                                                Charlotte Area, and thus modeled 7.8                    nonattainment area for the 1997 8-hour ozone          regulations prohibited the sale of
                                                                                                        standard, but it has a smaller geographical           gasoline with an RVP above 9.0 psi in
                                                psi for Gaston and Mecklenburg                          boundary than the 1997 8-hour ozone
                                                Counties to support the maintenance                     nonattainment area. The 2008 8-hour ozone             all areas designated attainment for
                                                demonstration.                                          nonattainment area includes the entire county of      ozone, beginning in 1992. For areas
                                                   On May 21, 2012, EPA designated and                  Mecklenburg and portions of the following             designated as nonattainment, the
                                                classified areas for the 2008 8-hour                    counties: Cabarrus (Central Cabarrus, Concord,        regulations retained the original Phase II
                                                                                                        Georgeville, Harrisburg, Kannapolis, Midland,
                                                ozone NAAQS that was promulgated on                     Mount Pleasant, Odell, Poplar Tent, New Gilead        standards published on June 11, 1990
                                                March 27, 2008, as unclassifiable/                      and Rimertown Townships), Gaston (Dallas,             (55 FR 23658). A current listing of the
                                                attainment or nonattainment for the new                 Crowders Mountain, Gastonia, Riverbend and South      RVP requirements for states can be
                                                8-hour ozone NAAQS. See 77 FR 30088.                    Point Townships), Iredell (Coddle and Davidson        found at 40 CFR 80.27(a)(2) as well as
                                                                                                        Townships), Lincoln (Catawba Springs, Lincolnton
                                                The Charlotte Area was designated as                    and Ironton Townships), Rowan (Atwell, China          on EPA’s Web site at: http://
                                                nonattainment for the 2008 8-hour                       Grove, Franklin, Gold Hill, Litaker, Locke,           www.epa.gov/otaq/fuels/gasolinefuels/
                                                                                                        Providence, Salisbury, Steele and Unity Townships)    volatility/standards.htm.
                                                                                                        and Union (Goose Creek, Marshville, Monroe,
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                                                  4 The nonattainment area for the 1997 8-hour
                                                                                                                                                                 As explained in the December 12,
                                                ozone standard consists of Cabarrus, Gaston,            Sandy Ridge and Vance Townships) for North
                                                                                                        Carolina, and a portion of York County (excluding
                                                                                                                                                              1991 (56 FR 64704), Phase II
                                                Lincoln, Mecklenburg, Rowan, Union and a portion
                                                of Iredell County (Davidson and Coddle Creek            the Indian Country associated with the Catawba        rulemaking, EPA believes that
                                                Townships), North Carolina and a portion of York        Indian Nation) for South Carolina. Though the         relaxation of an applicable RVP
                                                County, South Carolina. The 7.8 psi RVP standard        number of counties remained the same for the 2008     standard is best accomplished in
                                                continued to apply to Gaston and Mecklenburg            ozone nonattainment area, Gaston and Mecklenburg
                                                counties whereas the remaining counties in the          adhered the 7.8 psi RVP requirement while
                                                                                                                                                              conjunction with the redesignation
                                                nonattainment area are subject to the 9.0 psi RVP       remaining counties were subjected to the RVP of 9.0   process. In order for an ozone
                                                standard.                                               psi.                                                  nonattainment area to be redesignated


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                                                                         Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                                29233

                                                as an attainment area, section 107(d)(3)                Gaston and Mecklenburg Counties, the                  requirement to use gasoline with a 7.8
                                                of the Act requires the state to make a                 State must demonstrate that the                       psi RVP in Gaston and Mecklenburg
                                                showing, pursuant to section 175A of                    requested change will satisfy section                 Counties.
                                                the Act, that the area is capable of                    110(l) of the CAA. Section 110(l)
                                                maintaining attainment for the ozone                    requires that a revision to the SIP not               V. What is EPA’s analysis of North
                                                NAAQS for ten years after                               interfere with any applicable                         Carolina’s submittal?
                                                redesignation. Depending on the area’s                  requirement concerning attainment and                 a. Overall Preliminary Conclusions
                                                circumstances, this maintenance plan                    reasonable further progress (as defined               Regarding North Carolina’s
                                                will either demonstrate that the area is                in section 171), or any other applicable              Noninterference Analyses
                                                capable of maintaining attainment for                   requirement of the Act. EPA’s criterion
                                                ten years without the more stringent                    for determining the approvability of                     On April 16, 2015, DAQ submitted a
                                                volatility standard or that the more                    North Carolina’s April 16, 2015, RVP-                 noninterference demonstration to
                                                stringent volatility standard may be                    related SIP revision is whether the                   support the State’s request to modify the
                                                necessary for the area to maintain its                  noninterference demonstration                         RVP summertime gasoline requirement
                                                attainment with the ozone NAAQS.                        associated with the relaxation request                from 7.8 psi to 9.0 psi for Gaston and
                                                Therefore, in the context of a request for              satisfies section 110(l).                             Mecklenburg Counties. This
                                                redesignation, EPA will not change the                    EPA evaluates each section 110(l)                   demonstration includes an evaluation of
                                                volatility standard unless the state                    noninterference demonstration on a                    the impact that the removal of the 7.8
                                                requests a change and the maintenance                   case-by-case basis considering the                    psi RVP requirement for these counties
                                                plan demonstrates, to the satisfaction of               circumstances of each SIP revision. EPA               would have on the Area’s ability to
                                                EPA, that the area will maintain                        interprets 110(l) as applying to all                  attain or maintain the 1997 and 2008
                                                attainment for ten years without the                    NAAQS that are in effect, including                   ozone standards or other NAAQS in the
                                                need for the more stringent volatility                  those that have been promulgated but                  Charlotte Area.8 North Carolina’s
                                                standard.                                               for which the EPA has not yet made                    noninterference analysis evaluated the
                                                   As noted above, North Carolina did                   designations. The degree of analysis                  impact of the change in RVP on the
                                                not request a change of the applicable                  focused on any particular NAAQS in a                  Area’s ability to attain or maintain the
                                                7.8 psi Federal RVP standard when the                   noninterference demonstration varies                  ozone, particulate matter (PM),9
                                                Charlotte Area was redesignated to                      depending on the nature of the                        Nitrogen Dioxide (NO2), sulfur dioxide
                                                attainment for the either the 1-hour or                 emissions associated with the proposed                (SO2), and carbon monoxide (CO)
                                                the 1997 8-hour ozone NAAQS. The                        SIP revision. EPA’s analysis of North                 NAAQS.
                                                State, in conjunction with its request to               Carolina’s April 16, 2015, SIP revision
                                                redesignate the North Carolina portion                  pursuant to section 110(l) is provided                  DAQ’s noninterference analysis
                                                of the Charlotte 2008 8-hour Ozone Area                 below.                                                utilized EPA’s 2014 Motor Vehicle
                                                to attainment,6 is now requesting a                       As previously mentioned, EPA is                     Emissions Simulator (MOVES) emission
                                                change of the Federal RVP requirement                   proposing three actions in relation to                modeling system to estimate emissions
                                                from 7.8 psi to 9.0 psi. EPA’s                          the State’s April 16, 2015,                           for mobile sources. These mobile source
                                                consideration of this requested change                  noninterference demonstration. First,                 emissions are used as part of the
                                                for the Federal RVP requirements for                    EPA is proposing to approve North                     evaluation of the potential impacts to
                                                Gaston and Mecklenburg Counties is                      Carolina’s update to the maintenance                  the NAAQS that might result
                                                contingent, in part, upon EPA approving                 plan associated with the State’s                      exclusively from changing the high
                                                North Carolina’s redesignation request                  redesignation request for the North                   ozone season RVP requirement from 7.8
                                                and maintenance plan for the North                      Carolina portion of the Charlotte 2008                psi to 9.0 psi. As summarized in Tables
                                                Carolina portion of the Charlotte 2008 8-               8-hour Ozone Area to reflect modeling                 1 and 2, below, the MOVES model
                                                hour Ozone Area. To make the                            of 9.0 psi for RVP for Gaston and                     predicted minor increases in on-road
                                                requested change in the Federal RVP                     Mecklenburg Counties. Second, EPA is                  mobile source NOX and VOC emissions
                                                requirements for Gaston and                             proposing to approve the revised                      in the North Carolina portion of the
                                                Mecklenburg Counties, EPA would also                    MVEBs that result from the updated                    Charlotte 2008 8-hour Ozone Area due
                                                have to approve the updates to North                    mobile modeling to reflect the change in              to relaxation of the RVP requirement.
                                                Carolina’s maintenance plan and                         RVP for Gaston and Mecklenburg                        Daily on-road mobile NOX emissions are
                                                MVEBs included with the State’s April                   Counties. Third, EPA is proposing to                  projected to increase by 0.11 ton in 2015
                                                16, 2015, RVP-related SIP revision.7                    approve the State’s technical                         down to an increase of 0.01 ton in 2026
                                                                                                        demonstration that the switch to the                  during the ozone season. Daily on-road
                                                IV. What are the section 110(l)                         sale of gasoline with an RVP of 9.0 psi               mobile VOC emissions are projected to
                                                requirements?                                           in Gaston and Mecklenburg Counties                    increase by 0.18 ton in 2015 down to an
                                                  To support North Carolina’s request to                during the high ozone season will not                 increase of 0.04 ton in 2026 during the
                                                relax the Federal RVP requirement for                   interfere with attainment or                          ozone season.
                                                                                                        maintenance of the NAAQS and to
                                                                                                                                                                8 The six NAAQS for which EPA establishes
                                                  6 See footnote 4 for a geographic description of
                                                                                                        amend the SIP to include this
                                                the Charlotte NC 2008 8-hour Ozone Area.                                                                      health and welfare based standards are CO, lead,
                                                  7 The maintenance plan has to ensure
                                                                                                        demonstration. Consistent with CAA                    NO2, ozone, PM, and SO2. RVP requirements do not
                                                maintenance of the 0.075 ppm 2008 8-hour ozone
                                                                                                        section 211(h) and the Phase II volatility            have an impact on actual or modeled lead
                                                NAAQS which is more stringent than the 0.080            regulations, a separate rulemaking is                 emissions.
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                                                ppm 1997 8-hour ozone NAAQS.                            required to change the current Federal                  9 PM is composed of PM
                                                                                                                                                                                        2.5 and PM10.




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                                                29234                             Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                                     TABLE 1—ON-ROAD MOBILE SOURCE NOX EMISSIONS (AVERAGE TONS/DAY) FOR OZONE SEASON
                                                                                                                                                                                             7.8 psi RVP
                                                                                       County
                                                                                                                                                     2014                      2015             2018            2022          2026

                                                Cabarrus 1 ............................................................................                       6.60                 5.93                3.94            2.79          1.86
                                                Gaston 1 2 .............................................................................                      8.11                 7.23                4.60            3.04          1.97
                                                Iredell 1 .................................................................................                   3.36                 3.05                2.05            1.41          0.93
                                                Lincoln 1 ................................................................................                    3.00                 2.75                1.84            1.23          0.76
                                                Mecklenburg 2 ......................................................................                         26.99                24.12               14.35            9.63          6.85
                                                Rowan 1 ................................................................................                      6.42                 5.75                3.73            2.56          1.59
                                                Union 1 ..................................................................................                    5.67                 5.14                3.41            2.28          1.51

                                                      Total ..............................................................................                   60.15                53.97               33.92        22.94         15.47

                                                                                                                                                                                             9.0 psi RVP

                                                Cabarrus 1 ............................................................................       ........................             5.93                3.94            2.79          1.86
                                                Gaston 1 2 .............................................................................      ........................             7.26                4.62            3.04          1.98
                                                Iredell 1 .................................................................................   ........................             3.05                2.05            1.41          0.93
                                                Lincoln 1 ................................................................................    ........................             2.75                1.84            1.23          0.76
                                                Mecklenburg 2 ......................................................................          ........................            24.20               14.39            9.65          6.85
                                                Rowan 1 ................................................................................      ........................             5.75                3.73            2.56          1.59
                                                Union 1 ..................................................................................    ........................             5.14                3.41            2.28          1.51

                                                      Total ..............................................................................    ........................            54.08               33.98        22.96         15.48

                                                Emissions Increase ..............................................................             ........................                0.11             0.06            0.02          0.01
                                                   1 Emissions    are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-hour Ozone Area.
                                                   2 Only    Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.

                                                                    TABLE 2—ON-ROAD MOBILE SOURCE VOC EMISSIONS (AVERAGE TONS/DAY) FOR OZONE SEASON
                                                                                                                                                                                             7.8 psi RVP
                                                                                       County
                                                                                                                                                     2014                      2015             2018            2022          2026

                                                Cabarrus 1 ............................................................................                       4.15                 3.89                3.01            2.53          2.04
                                                Gaston 1 2 .............................................................................                      4.61                 4.24                3.05            2.31          1.72
                                                Iredell 1 .................................................................................                   1.95                 1.82                1.40            1.10          0.82
                                                Lincoln 1 ................................................................................                    1.91                 1.81                1.37            1.07          0.79
                                                Mecklenburg 2 ......................................................................                         14.40                13.28               10.00            8.18          6.64
                                                Rowan 1 ................................................................................                      3.76                 3.48                2.57            1.93          1.41
                                                Union 1 ..................................................................................                    3.54                 3.30                2.54            2.04          1.56

                                                      Total ..............................................................................                   34.32                31.82               23.94        19.16         14.98

                                                                                                                                                                                             9.0 psi RVP

                                                Cabarrus 1 ............................................................................       ........................             3.89                3.01            2.53          2.04
                                                Gaston 1 2 .............................................................................      ........................             4.29                3.08            2.32          1.73
                                                Iredell 1 .................................................................................   ........................             1.82                1.40            1.10          0.82
                                                Lincoln 1 ................................................................................    ........................             1.81                1.37            1.07          0.79
                                                Mecklenburg 2 ......................................................................          ........................            13.41               10.09            8.22          6.67
                                                Rowan 1 ................................................................................      ........................             3.48                2.57            1.93          1.41
                                                Union 1 ..................................................................................    ........................             3.30                2.54            2.04          1.56

                                                      Total ..............................................................................    ........................            32.00               24.06        19.21         15.02

                                                Emissions Increase ..............................................................             ........................                0.18             0.12            0.05          0.04
                                                   1 Emissions are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-hour Ozone Area.
                                                   2 Only Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.




                                                  Table 3, below, shows the total                                           Mecklenburg Counties whereas                                      RVP relaxation could increase
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                                                estimated anthropogenic emissions of                                        emissions from 2015 through 2026                                  anthropogenic VOC emissions by 0.42
                                                NOX and VOC from area, point, on-road,                                      assume the use of 9.0 psi RVP fuel. NOX                           tpd in 2015 and 0.32 tpd in 2026 and
                                                and nonroad source categories for the                                       and VOC emissions are projected to                                could increase anthropogenic NOX
                                                North Carolina Portion of the Charlotte                                     continue to decrease in the Charlotte 8-                          emissions by 0.11 tpd in 2015 and 0.01
                                                2008 8-hour Ozone Area. Emissions                                           hour Ozone Area using 9.0 psi RVP fuel                            tpd in 2026.
                                                reported for 2014 assume the use of 7.8                                     in the entire Area for years 2015 through
                                                psi RVP fuel for Gaston and                                                 2026. DAQ’s analysis also estimates that


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                                                                                  Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                                          29235

                                                    TABLE 3—TOTAL ANTHROPOGENIC                                        nonattainment for the 1997 8-hour                               TABLE 4—SAFETY MARGIN—
                                                             EMISSIONS                                                 ozone NAAQS, the Charlotte Area was                                    Continued
                                                                                                                       redesignated to attainment for that
                                                                                  NOX                   VOC            NAAQS on December 2, 2014. See 78                                                   NOX           VOC
                                                         Year                                                                                                                          Year
                                                                               (tons/day)            (tons/day)        FR 72036.                                                                        (tons/day)    (tons/day)
                                                                                                                         Table 4, below, shows the safety
                                                2014 ..................               130.18                113.12     margins 10 from a 2014 base year with                  2022 ..................      ¥43.51        ¥11.38
                                                2015 ..................               124.18                111.09     7.8 psi RVP fuel to the years 2015, 2018,              2026 ..................      ¥62.64        ¥12.66
                                                2018 ..................                94.33                104.41     2022, and 2026 with 9.0 psi RVP fuel for
                                                2022 ..................                86.67                101.74
                                                                                                                       the entire Charlotte 2008 8-hour Ozone             Because the 2008 8-hour ozone
                                                2026 ..................                67.54                100.46
                                                Difference from
                                                                                                                       Area. The safety margins identified in          NAAQS is more stringent than the 1997
                                                  2014 to 2026                      ¥62.64                 ¥12.66      Table 4 indicate that the switch to 9.0         8-hour ozone standard, North Carolina’s
                                                                                                                       psi RVP fuel in Gaston and Mecklenburg          April 16, 2015, noninterference
                                                b. Noninterference Analysis for the                                    Counties will not interfere with the            demonstration for the ozone NAAQS is
                                                Ozone NAAQS                                                            Area’s ability to attain or maintain the        focused on the 2008 8-hour ozone
                                                                                                                       2008 8-hour ozone NAAQS.11                      standard. The 2008 8-hour ozone
                                                   As discussed above, the Charlotte                                                                                   NAAQS is met when the annual fourth-
                                                Area is currently designated as                                               TABLE 4—SAFETY MARGIN                    highest daily maximum 8-hour average
                                                attainment for the 1997 8-hour ozone                                                                                   concentration, averaged over 3 years is
                                                NAAQS, and in a separate action, EPA                                                              NOX         VOC      0.075 ppm or less. As shown in Table
                                                                                                                            Year               (tons/day)  (tons/day)
                                                is considering the State’s redesignation                                                                               5, all of the ozone monitors in the
                                                request for the 2008 8-hour ozone                                      2014 ..................         N/A         N/A Charlotte 2008 8-hour Ozone Area are
                                                NAAQS. Although the Charlotte Area                                     2015 ..................      ¥6.00       ¥2.03 currently below the 2008 8-hour ozone
                                                was previously designated as                                           2018 ..................     ¥35.85       ¥8.71 standard.

                                                                                                        TABLE 5—CHARLOTTE AREA OZONE DESIGN VALUES (PPM)
                                                                         Monitor                                   2007–2009             2008–2010         2009–2011         2010–2012              2011–2013        2012–2014

                                                Crouse ......................................................                0.076             0.072               0.071               0.075               0.072            0.068
                                                Garinger ...................................................                 0.082             0.078               0.079               0.083               0.078            0.070
                                                Arrowood ..................................................                  0.076             0.073               0.076               0.077               0.072            0.066
                                                County Line ..............................................                   0.086             0.082               0.078               0.083               0.078            0.073
                                                Rockwell ...................................................                 0.083             0.077               0.075               0.078               0.073            0.068
                                                Enochville .................................................                 0.083             0.077               0.076               0.077               0.072              (12)
                                                Monroe .....................................................                 0.076             0.072               0.070               0.073               0.070            0.068
                                                York ..........................................................              0.072             0.067               0.064               0.065               0.063            0.060



                                                   Table 5 also shows that there is an                                 c. Noninterference Analysis for the PM                 December 14, 2012, EPA retained the
                                                overall downward trend in ozone                                        NAAQS                                                  2006 24-hour PM2.5 NAAQS of 35 mg/m3
                                                concentrations in the Charlotte 2008 8-                                                                                       but revised the annual primary PM2.5
                                                hour Ozone Area. This decline can be                                     Over the course of several years, EPA                NAAQS to 12.0 mg/m3, based again on
                                                attributed to Federal and State programs                               has reviewed and revised the PM2.5                     a 3-year average of annual mean PM2.5
                                                that have led to significant emissions                                 NAAQS a number of times. On July 16,                   concentrations. See 78 FR 3086 (January
                                                reductions in ozone precursors. Given                                  1997, EPA established an annual PM2.5                  15, 2013).
                                                                                                                       NAAQS of 15.0 micrograms per cubic                        EPA promulgated designations for the
                                                this downward trend, the current ozone
                                                                                                                       meter (mg/m3), based on a 3-year average               1997 Annual PM2.5 NAAQS on January
                                                concentrations in the Charlotte 2008 8-
                                                                                                                       of annual mean PM2.5 concentrations,                   5, 2005 (70 FR 944), and April 14, 2005
                                                hour Ozone Area, and the results of
                                                                                                                       and a 24-hour PM2.5 NAAQS of 65                        (70 FR 19844). The Charlotte Area was
                                                North Carolina’s emissions analysis,
                                                                                                                       mg/m3, based on a 3-year average of the                designated unclassifiable/attainment for
                                                EPA has preliminarily determined that
                                                                                                                       98th percentile of 24-hour                             the 1997 Annual PM2.5 standards. As
                                                a change to 9.0 psi RVP fuel for Gaston
                                                                                                                       concentrations. See 62 FR 36852 (July                  mentioned above, EPA revised the
                                                and Mecklenburg Counties would not                                     18, 1997). On September 21, 2006, EPA                  Annual PM2.5 NAAQS in December
                                                interfere with the Area’s ability to attain                            retained the 1997 Annual PM2.5 NAAQS                   2012. EPA completed designations for
                                                or maintain the 1997 or 2008 ozone                                     of 15.0 mg/m3 but revised the 24-hour                  the 2012 Annual PM2.5 NAAQS for most
                                                NAAQS in the Charlotte Area.                                           PM2.5 NAAQS to 35 mg/m3, based again                   areas on December 14, 2015, and
                                                                                                                       on a 3-year average of the 98th                        designated counties in the Charlotte
                                                                                                                       percentile of 24-hour concentrations.                  Area as unclassifiable/attainment. See
                                                                                                                       See 71 FR 61144 (October 17, 2006). On                 80 FR 2206 (January 15, 2015).
                                                   10 The safety margin is the difference between the                  atmosphere. In a NOX-limited area, high prevailing     atmosphere for ozone formation. See, e.g., The State
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                                                attainment level of emissions in the base year from                    concentrations of VOC from naturally-occurring         of the Southern Oxidants Study (SOS) Policy
                                                all source categories (point, area, on-road and                        sources are present in the atmosphere to contribute    Relevant Findings in Ozone and PM2.5 Pollution
                                                nonroad) and the projected level of emissions in                       to ozone formation. Consequently, reduction of         Research 1995–2003 (June 30, 2004), http://
                                                future years from all source categories.                               manmade, or anthropogenic, sources of VOC              www.ncsu.edu/sos/pubs/sos3/State_of_SOS_3.pdf.
                                                   11 The Charlotte Area is located within a NO -
                                                                                                X                      emissions generally do not result in reduced ozone        12 The Enochville monitor shut down after the
                                                limited region. A NOX-limited region is one in                         formation. Instead, reductions of NOX emissions
                                                which the concentration of ozone is limited by the                     provide a more effective ozone reduction strategy      2014 monitoring season. There was not enough data
                                                amount of NOX emissions. NOX and VOC are                               because reduced emissions of manmade NOX               at the location to calculate a 3-year average design
                                                precursors to the formation of ozone in the                            emissions limit the amount of NOX available in the     value for 2012–2014.



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                                                29236                     Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                  In 2013, the Charlotte Area PM2.5                      total anthropogenic NOX emissions                    initial designation. See 78 FR 47191. On
                                                design values were 9.8 mg/m3 for the                     associated with the change to 9.0 psi                March 2, 2015, a Consent Decree was
                                                Annual PM2.5 NAAQS and 22 mg/m3 for                      RVP fuel for Gaston and Mecklenburg                  issued by the United States District
                                                the 24-hour PM2.5 NAAQS. North                           Counties is approximately 0.11 tpd in                Court for the Northern District of
                                                Carolina’s MOVES2014 modeling                            2015 and 0.01 tpd in 2026. Given the                 California stipulating the time and
                                                predicted slight reductions of direct                    current unclassifiable/attainment                    method for designating the remaining
                                                PM2.5 emissions (0.23 percent reduction                  designation and the results of North                 areas in the Country.15
                                                in 2015 and a 0.61 percent reduction in                  Carolina’s emissions analysis, EPA has                  North Carolina’s MOVES2014
                                                2026) after changing the model inputs to                 preliminarily determined that a change               modeling did not predict any change in
                                                reflect the proposed use of 9.0 psi RVP                  to 9.0 psi RVP fuel for Gaston and                   SO2 emissions due to RVP relaxation.
                                                fuel in Gaston and Mecklenburg                           Mecklenburg Counties would not                       The Charlotte Area had a design value
                                                Counties. As discussed above, the                        interfere with maintenance of the 2010               of 10 ppb, about 13 percent of the SO2
                                                MOVES2014 modeling also predicted                        NO2 NAAQS in the Charlotte Area.                     NAAQS. Additionally, 3 percent of total
                                                small increases in NOX and VOC                           e. Noninterference Analysis for the CO               SO2 is derived from on-road, nonroad
                                                emissions due to the proposed RVP                        NAAQS                                                and area sources combined and the
                                                relaxation. However, EPA believes that                                                                        remaining 97 percent from point
                                                any resulting increase in ambient PM2.5                     In November 6, 1991, Mecklenburg                  sources.16 For these reasons, EPA has
                                                concentrations resulting from these                      County was classified as ‘‘not                       preliminarily determined that a change
                                                changes would not cause interference                     classified’’ for the 1971 8-hour CO                  to 9.0 psi RVP fuel for Gaston and
                                                with the PM2.5 NAAQS because the NOX                     NAAQS of 9 ppm. See 56 FR 56694.                     Mecklenburg Counties would not
                                                and VOC mobile emission increases                        Mecklenburg County was redesignated                  interfere with maintenance of the 2012
                                                would be small in relation to the current                to attainment for the 8-hour CO NAAQS                SO2 NAAQS in the Charlotte Area.
                                                total emissions and because ambient                      on August 2, 1995. See 60 FR 39258. On
                                                                                                         August 31, 2011, EPA retained the 8-                 VI. Proposed Action
                                                PM2.5 concentrations in the southeastern
                                                U.S. tend to be impacted more                            hour standard and 1-hour standard. See                 EPA is proposing to approve the State
                                                significantly by direct PM2.5 and SO2                    76 FR 54294. Gaston and Mecklenburg                  of North Carolina’s noninterference
                                                emissions than by NOX and                                Counties remain in attainment for the                demonstration, submitted on April 16,
                                                anthropogenic VOC emissions.13 As                        1971 and 2011 1-hour and 8-hour CO                   2015, in support of the State’s request
                                                discussed below, the MOVES2014                           NAAQS.                                               that EPA change the Federal RVP
                                                                                                            North Carolina’s MOVES2014                        requirements for Gaston and
                                                model did not predict any impact on
                                                                                                         modeling projected an increase in total              Mecklenburg Counties from 7.8 psi to
                                                SO2 emissions due to RVP relaxation in
                                                                                                         on-road mobile source CO emissions of                9.0 psi. Specifically, EPA is proposing
                                                Gaston and Mecklenburg Counties.
                                                                                                         approximately 2.78 tpd in 2015 and 1.44              to find that this change in the RVP
                                                Given the current PM2.5 concentrations
                                                                                                         tpd in 2026 (0.71 percent and 0.60                   requirements for Gaston and
                                                in the Charlotte Area and the results of
                                                                                                         percent of estimated total on-road                   Mecklenburg Counties will not interfere
                                                North Carolina’s emissions analysis,
                                                                                                         mobile source emissions in those years,              with attainment or maintenance of any
                                                EPA has preliminarily determined that
                                                                                                         respectively) after changing the model               NAAQS or with any other applicable
                                                a change to 9.0 psi RVP fuel for Gaston
                                                                                                         inputs to reflect the proposed use of 9.0            requirement of the CAA. North
                                                and Mecklenburg Counties would not
                                                                                                         psi RVP fuel in Gaston and Mecklenburg               Carolina’s April 16, 2015, SIP revision
                                                interfere with maintenance of the 1997
                                                                                                         Counties. The 2012 and 2013 ambient                  also updates its maintenance plan and
                                                Annual PM2.5 NAAQS or the 2006 24-
                                                                                                         monitoring data showed maximum 8-                    the associated MVEBs related to the
                                                hour PM2.5 NAAQS in the Charlotte                        hour concentration of 1.2 ppm for the 8-
                                                Area.14                                                                                                       State’s redesignation request for the
                                                                                                         hour CO. Additionally, 2012 and 2013                 North Carolina portion of the 2008
                                                d. Noninterference Analysis for the 2010                 ambient monitoring data showed                       Charlotte 8-hour Ozone Area to reflect
                                                NO2 NAAQS                                                maximum 1-hour CO concentrations of                  emissions changes for the requested
                                                  On February 17, 2012, EPA                              2.3 and 1.7 ppm, respectively, well                  change to the Federal RVP
                                                designated all counties in North                         below the 35 ppm 1-hour CO NAAQS.                    requirements. EPA is proposing to
                                                Carolina as unclassifiable/attainment for                Given the current unclassifiable/                    approve those changes to update the
                                                the 2010 NO2 NAAQS. See 77 FR 9532.                      attainment designation, ambient                      maintenance plan and the MVEBs. As
                                                Based on the technical analysis in North                 monitoring data, and the results of                  previously mentioned, final action on
                                                Carolina’s April 16, 2015, RVP-related                   North Carolina’s emissions analysis,                 North Carolina’s noninterference
                                                SIP revision, the projected increase in                  EPA has preliminarily determined that                demonstration is contingent upon EPA
                                                                                                         a change to 9.0 psi RVP fuel for Gaston              approving the State’s redesignation
                                                  13 The main precursors for PM
                                                                                   2.5 are NOX, SO2,
                                                                                                         and Mecklenburg Counties would not                   request and maintenance plan for the
                                                VOC and ammonia. There have been a number of             interfere with maintenance of the 1971               North Carolina portion of Charlotte 2008
                                                studies in the Southeast which have indicated that       1-hour and 8-hour CO NAAQS in the                    8-hour Ozone Area.
                                                SO2 is the primary driver of PM2.5 formation in the      Charlotte Area.
                                                Southeast. See, e.g., Journal of Environmental                                                                  EPA has preliminarily determined
                                                Engineering- Quantifying the sources of ozone, fine      f. Noninterference Analysis for the SO2              that North Carolina’s April 16, 2015,
                                                particulate matter, and regional haze in the                                                                  RVP-related SIP revision is consistent
                                                Southeastern United States (June 24, 2009), http://
                                                                                                         NAAQS
                                                                                                                                                              with the applicable provisions of the
                                                www.journals.elsevier.com/journal-of-                       On June 22, 2010, EPA revised the 1-
                                                environmental-management.
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                                                  14 EPA has also preliminarily determined that a
                                                                                                         hour SO2 NAAQS to 75 parts per billion                 15 Copy of the Consent Decree- http://

                                                change to 9.0 psi RVP fuel in the Charlotte Area
                                                                                                         (ppb) which became effective on August               www.epa.gov/so2designations/pdfs/
                                                would not interfere with maintenance of the              23, 2010. See 75 FR 35520. On August                 201503FinalCourtOrder.pdf.
                                                Annual PM10 NAAQS of 150 mg/m3 given the                 5, 2013, EPA designated nonattainment                  16 ‘‘Redesignation Demonstration and

                                                results of North Carolina’s emissions analysis and       only in areas with violating 2009–2011               Maintenance Plan for the Hickory (Catawba County)
                                                the fact that the Area is currently attaining the PM10                                                        and Greensboro/Winston-Salem/High Point
                                                standard. Because PM2.5 is a component of PM10,
                                                                                                         monitoring data. EPA did not designate               (Davidson and Guilford Counties) Fine Particulate
                                                this preliminary determination is further supported      any county in North Carolina for the                 Matter Nonattainment Areas’’, submitted to the EPA
                                                by the downward trend in PM2.5 identified above.         2010 1-hour SO2 NAAQS as part of the                 on December 18, 2009, Figure 4–2, p. 4–4).



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                                                                         Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                           29237

                                                CAA. EPA is not proposing action today                     In addition, the SIP is not approved               Knoxville Area; to determine that the
                                                to remove the Federal 7.8 psi RVP                       to apply on any Indian reservation land               Knoxville Area is attaining the 2008 8-
                                                requirement for Gaston and                              or in any other area where EPA or an                  hour ozone NAAQS; to approve the
                                                Mecklenburg Counties. Any such                          Indian tribe has demonstrated that a                  State’s plan for maintaining attainment
                                                proposal would occur in a separate and                  tribe has jurisdiction. In those areas of             of the 2008 8-hour ozone standard in the
                                                subsequent rulemaking.                                  Indian country, the proposed rule does                Area, including the motor vehicle
                                                                                                        not have tribal implications as specified             emission budgets (MVEBs) for nitrogen
                                                VII. Statutory and Executive Order
                                                                                                        by Executive Order 13175 (65 FR 67249,                oxides (NOX) and volatile organic
                                                Reviews
                                                                                                        November 9, 2000) nor will it impose                  compounds (VOC) for the years 2011
                                                   Under the CAA, the Administrator is                  substantial direct costs on tribal                    and 2026 for the Area, into the SIP; and
                                                required to approve a SIP submittal that                governments or preempt tribal law.                    to redesignate the Area to attainment for
                                                complies with the provisions of the Act                                                                       the 2008 8-hour ozone NAAQS. EPA is
                                                and applicable federal regulations. 42                  List of Subjects in 40 CFR Part 52
                                                                                                                                                              also notifying the public of the status of
                                                U.S.C. 7410(k); 40 CFR 52.02(a). Thus,                    Environmental protection, Air                       EPA’s adequacy determination for the
                                                in reviewing SIP submissions, EPA’s                     pollution control, Incorporation by                   Knoxville Area MVEBs.
                                                role is to approve state choices,                       reference, Intergovernmental relations,               DATES: Comments must be received on
                                                provided that they meet the criteria of                 Nitrogen dioxide, Ozone, Particulate                  or before June 22, 2015.
                                                the CAA. Accordingly, this proposed                     matter, Reporting and recordkeeping                   ADDRESSES: Submit your comments,
                                                action merely proposes to approve state                 requirements, Volatile organic                        identified by Docket ID No. EPA–R04–
                                                law as meeting Federal requirements                     compounds.                                            OAR–2014–0870, by one of the
                                                and does not propose to impose                            Authority: 42 U.S.C. 7401 et seq.                   following methods:
                                                additional requirements beyond those                                                                             1. www.regulations.gov: Follow the
                                                                                                          Dated: May 12, 2015.
                                                imposed by state law. For that reason,                                                                        on-line instructions for submitting
                                                this proposed action:                                   Heather McTeer Toney
                                                                                                                                                              comments.
                                                   • Is not a significant regulatory action             Regional Administrator, Region 4.
                                                                                                                                                                 2. Email: R4-ARMS@epa.gov.
                                                subject to review by the Office of                      [FR Doc. 2015–12348 Filed 5–20–15; 8:45 am]
                                                                                                                                                                 3. Fax: (404) 562–9019.
                                                Management and Budget under                             BILLING CODE 6560–50–P
                                                                                                                                                                 4. Mail: ‘‘EPA–R04–OAR–2014–
                                                Executive Orders 12866 (58 FR 51735,                                                                          0870,’’ Air Regulatory Management
                                                October 4, 1993) and 13563 (76 FR 3821,                                                                       Section (formerly the Regulatory
                                                January 21, 2011);                                      ENVIRONMENTAL PROTECTION
                                                                                                                                                              Development Section), Air Planning and
                                                   • Does not impose an information                     AGENCY
                                                                                                                                                              Implementation Branch (formerly the
                                                collection burden under the provisions                                                                        Air Planning Branch), Air, Pesticides
                                                                                                        40 CFR Parts 52 and 81
                                                of the Paperwork Reduction Act (44                                                                            and Toxics Management Division, U.S.
                                                U.S.C. 3501 et seq.);                                   [EPA–R04–OAR–2014–0870; FRL–9928–14–                  Environmental Protection Agency,
                                                   • Is certified as not having a                       Region 4]                                             Region 4, 61 Forsyth Street SW.,
                                                significant economic impact on a                                                                              Atlanta, Georgia 30303–8960.
                                                substantial number of small entities                    Approval and Promulgation of
                                                                                                                                                                 5. Hand Delivery or Courier: Ms.
                                                under the Regulatory Flexibility Act (5                 Implementation Plans and Designation
                                                                                                                                                              Lynorae Benjamin, Chief, Air Regulatory
                                                U.S.C. 601 et seq.);                                    of Areas for Air Quality Planning
                                                                                                                                                              Management Section, Air Planning and
                                                   • Does not contain any unfunded                      Purposes; Tennessee; Redesignation
                                                                                                                                                              Implementation Branch, Air, Pesticides
                                                mandate or significantly or uniquely                    of the Knoxville 2008 8-Hour Ozone
                                                                                                                                                              and Toxics Management Division, U.S.
                                                affect small governments, as described                  Nonattainment Area to Attainment
                                                                                                                                                              Environmental Protection Agency,
                                                in the Unfunded Mandates Reform Act                     AGENCY:  Environmental Protection                     Region 4, 61 Forsyth Street SW.,
                                                of 1995 (Pub. L. 104–4);                                Agency.                                               Atlanta, Georgia 30303–8960. Such
                                                   • Does not have Federalism                           ACTION: Proposed rule.                                deliveries are only accepted during the
                                                implications as specified in Executive                                                                        Regional Office’s normal hours of
                                                Order 13132 (64 FR 43255, October 7,                    SUMMARY:    On November 14, 2014, the                 operation. The Regional Office’s official
                                                1999);                                                  State of Tennessee, through the                       hours of business are Monday through
                                                   • Is not an economically significant                 Tennessee Department of Environment                   Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                regulatory action based on health or                    and Conservation (TDEC), Air Pollution                Federal holidays.
                                                safety risks subject to Executive Order                 Control Division, submitted a request                    Instructions: Direct your comments to
                                                13045 (62 FR 19885, April 23, 1997);                    for the Environmental Protection                      Docket ID No. EPA–R04–OAR–2014–
                                                   • Is not a significant regulatory action             Agency (EPA) to redesignate the                       0870. EPA’s policy is that all comments
                                                subject to Executive Order 13211 (66 FR                 Knoxville, Tennessee 8-hour ozone                     received will be included in the public
                                                28355, May 22, 2001);                                   nonattainment area (hereafter referred to             docket without change and may be
                                                   • Is not subject to requirements of                  as the ‘‘Knoxville Area’’ or ‘‘Area’’) to             made available online at
                                                Section 12(d) of the National                           attainment for the 2008 8-hour ozone                  www.regulations.gov, including any
                                                Technology Transfer and Advancement                     National Ambient Air Quality Standards                personal information provided, unless
                                                Act of 1995 (15 U.S.C. 272 note) because                (NAAQS) and to approve a State                        the comment includes information
                                                application of those requirements would                 Implementation Plan (SIP) revision                    claimed to be Confidential Business
                                                be inconsistent with the CAA; and
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                                                                                                        containing a maintenance plan and a                   Information (CBI) or other information
                                                   • Does not provide EPA with the                      base year emissions inventory for the                 whose disclosure is restricted by statute.
                                                discretionary authority to address, as                  Area. The Knoxville Area includes a                   Do not submit through
                                                appropriate, disproportionate human                     portion of Anderson County as well as                 www.regulations.gov or email,
                                                health or environmental effects, using                  Blount and Knox Counties in their                     information that you consider to be CBI
                                                practicable and legally permissible                     entireties. EPA is proposing to approve               or otherwise protected. The
                                                methods, under Executive Order 12898                    the base year emissions inventory for                 www.regulations.gov Web site is an
                                                (59 FR 7629, February 16, 1994).                        the 2008 8-hour ozone NAAQS for the                   ‘‘anonymous access’’ system, which


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Document Created: 2018-10-24 10:27:02
Document Modified: 2018-10-24 10:27:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before June 11, 2015.
ContactRichard Wong of the Air Regulatory Management Section, in the Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong may be reached by phone at (404) 562-8726 or via electronic mail at [email protected]
FR Citation80 FR 29230 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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