80 FR 44868 - Approval and Promulgation of Implementation Plans; North Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for Gaston and Mecklenburg Counties
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 144 (July 28, 2015)
Federal Register Volume 80, Issue 144 (July 28, 2015)
| Page Range | 44868-44870 | |
| FR Document | 2015-18343 |
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)] [Rules and Regulations] [Pages 44868-44870] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18343] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0260; FRL-9931-27-Region 4] Approval and Promulgation of Implementation Plans; North Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for Gaston and Mecklenburg Counties AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving 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-Rock Hill 2008 8-hour ozone nonattainment area (Charlotte Area) to reflect the requested change in the Federal RVP requirements. EPA has determined that North Carolina's April 16, 2015, RVP-related SIP revision is consistent with the applicable provisions of the CAA. DATES: This rule is effective July 28, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0260. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management 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. 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 wong.richard@epa.gov. SUPPLEMENTARY INFORMATION: I. What is the background for this final action? 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. On April 16, 2015, DAQ submitted a redesignation request and maintenance plan for the North Carolina portion of the Charlotte 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 proposed action on the aforementioned redesignation request and maintenance plan in a Federal Register document published on May 21, 2015. See 80 FR 29250. The final rule approving the State's redesignation request and maintenance plan was signed on July 17, 2015. The State, in conjunction with its request to redesignate the North Carolina portion of the Charlotte Area to attainment, is also requesting a change of the Federal RVP requirement from 7.8 psi to 9.0 psi. 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 modeling assuming 9.0 psi for RVP for Gaston and Mecklenburg Counties and that updates the maintenance plan submission and associated MVEBs for the North Carolina portion of the Charlotte Area. In a notice of proposed rulemaking (NPR) published on May 21, 2015, EPA proposed to approve the State's noninterference demonstration and the updates to its maintenance plan and the associated MVEBs related to the State's redesignation request for the North Carolina portion of the Charlotte Area, contingent upon EPA approval of North Carolina's redesignation request and maintenance plan for the North Carolina portion of the Charlotte Area. See 80 FR 29230. The details of North Carolina's submittal and the rationale for EPA's actions are explained in the NPR. EPA did not receive any comments on the proposed action. II. Final Action EPA is taking final action 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 [[Page 44869]] the Federal RVP requirements for Gaston and Mecklenburg Counties from 7.8 psi to 9.0 psi. Specifically, EPA has determined that the 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 Charlotte Area to reflect emissions changes for the requested change to the Federal RVP requirements. EPA is approving those changes to update the maintenance plan and the MVEBs. EPA has determined that North Carolina's April 16, 2015, RVP- related SIP revision is consistent with the applicable provisions of the CAA for the reasons provided in the NPR. EPA is not taking action today to remove the Federal 7.8 psi RVP requirement for Gaston and Mecklenburg Counties. Any such action would occur in a separate and subsequent rulemaking. In accordance with 5 U.S.C. 553(d), EPA finds that there is good cause for this action to become effective immediately upon publication. This is because a delayed effective date is unnecessary because this action approves a noninterference demonstration that will serve as the basis of a subsequent action to relieve the Area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule grants or recognizes an exemption or relieves a restriction, and section 553(d)(3), which allows an effective date less than 30 days after publication as otherwise provided by the agency for good cause found and published with the rule. The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, this rule will serve as a basis for a subsequent action to relieve the Area from certain CAA requirements. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become effective on the date of publication of this action. III. 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 action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive 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 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. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 28, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). 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. Dated: July 17, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart II--North Carolina 0 2. In Sec. 52.1770, the table in paragraph (e) is amended by adding a new entry ``Supplement Maintenance Plan for the Charlotte Area, NC 2008 8-hour Ozone Maintenance Area and RVP Standard'' at the end of the table to read as follows: [[Page 44870]] Sec. 52.1770 Identification of plan. * * * * * (e) * * * EPA-Approved North Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State effective EPA Approval Federal Register Provision date date citation Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Supplement Maintenance Plan for 4/16/2015 7/28/2015 [insert Federal Provides the non- the Charlotte Area, NC 2008 8- Register citation]. interference hour Ozone Maintenance Area and demonstration for RVP Standard. revising the Federal Low-Reid Vapor Pressure requirement for the Charlotte Area, NC. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-18343 Filed 7-27-15; 8:45 am] BILLING CODE 6560-50-P
![44868 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations
STATE OF OREGON AIR QUALITY CONTROL PROGRAM—Continued
State effective
SIP citation Title/subject EPA approval date Explanation
date
* * * * * * *
Grants Pass Second 10-Year Carbon Monoxide Lim- 4/16/2015 7/28/2015, [Insert Federal
ited Maintenance Plan. Register citation].
* * * * * * *
* * * * * Identification No. EPA–R04–OAR– maintenance plan for the North Carolina
[FR Doc. 2015–18220 Filed 7–27–15; 8:45 am] 2015–0260. All documents in the docket portion of the Charlotte Area for EPA’s
BILLING CODE P are listed on the www.regulations.gov approval. In that submittal, the State
Web site. Although listed in the index, included a maintenance demonstration
some information may not be publicly that estimates emissions using a 7.8 psi
ENVIRONMENTAL PROTECTION available, i.e., Confidential Business RVP requirement for Gaston and
AGENCY Information or other information whose Mecklenburg Counties for the 2008 8-
disclosure is restricted by statute. hour ozone redesignation request and
40 CFR Part 52 Certain other material, such as maintenance plan. EPA proposed action
[EPA–R04–OAR–2015–0260; FRL–9931–27– copyrighted material, is not placed on on the aforementioned redesignation
Region 4] the Internet and will be publicly request and maintenance plan in a
available only in hard copy form. Federal Register document published
Approval and Promulgation of Publicly available docket materials are on May 21, 2015. See 80 FR 29250. The
Implementation Plans; North Carolina: available either electronically through final rule approving the State’s
Non-Interference Demonstration for www.regulations.gov or in hard copy at redesignation request and maintenance
Federal Low-Reid Vapor Pressure the Air Regulatory Management Section plan was signed on July 17, 2015. The
Requirement for Gaston and (formerly the Regulatory Development State, in conjunction with its request to
Mecklenburg Counties Section), Air Planning and redesignate the North Carolina portion
Implementation Branch (formerly the of the Charlotte Area to attainment, is
AGENCY: Environmental Protection
Air Planning Branch), Air, Pesticides also requesting a change of the Federal
Agency.
and Toxics Management Division, U.S. RVP requirement from 7.8 psi to 9.0 psi.
ACTION: Final rule. Environmental Protection Agency, On April 16, 2015, to support its
SUMMARY: The Environmental Protection Region 4, 61 Forsyth Street SW., request for EPA to change the Federal
Atlanta, Georgia 30303–8960. EPA RVP requirement for Gaston and
Agency (EPA) is approving the State of
requests that if at all possible, you Mecklenburg Counties, DAQ submitted
North Carolina’s April 16, 2015,
contact the person listed in the FOR a SIP revision that contains a
revision to its State Implementation
FURTHER INFORMATION CONTACT section to noninterference demonstration that
Plan (SIP), submitted through the North
schedule your inspection. The Regional included modeling assuming 9.0 psi for
Carolina Department of Environment
Office’s official hours of business are RVP for Gaston and Mecklenburg
and Natural Resources, Division of Air
Monday through Friday, 8:30 a.m. to Counties and that updates the
Quality (DAQ), in support of the State’s
4:30 p.m., excluding Federal holidays. maintenance plan submission and
request that EPA change the Federal
Reid Vapor Pressure (RVP) requirements FOR FURTHER INFORMATION CONTACT: associated MVEBs for the North
for Gaston and Mecklenburg Counties. Richard Wong of the Air Regulatory Carolina portion of the Charlotte Area.
This RVP-related SIP revision evaluates Management Section, in the Air In a notice of proposed rulemaking
whether changing the Federal RVP Planning and Implementation Branch, (NPR) published on May 21, 2015, EPA
requirements in these counties would Air, Pesticides and Toxics Management proposed to approve the State’s
interfere with the requirements of the Division, U.S. Environmental Protection noninterference demonstration and the
Clean Air Act (CAA or Act). North Agency, Region 4, 61 Forsyth Street updates to its maintenance plan and the
Carolina’s April 16, 2015, RVP-related SW., Atlanta, Georgia 30303–8960. Mr. associated MVEBs related to the State’s
SIP revision also updates the State’s Wong may be reached by phone at (404) redesignation request for the North
maintenance plan and the associated 562–8726 or via electronic mail at Carolina portion of the Charlotte Area,
motor vehicle emissions budgets wong.richard@epa.gov. contingent upon EPA approval of North
(MVEBs) related to its redesignation SUPPLEMENTARY INFORMATION: Carolina’s redesignation request and
request for the North Carolina portion of maintenance plan for the North Carolina
I. What is the background for this final
the Charlotte-Rock Hill 2008 8-hour portion of the Charlotte Area. See 80 FR
action?
ozone nonattainment area (Charlotte 29230. The details of North Carolina’s
Area) to reflect the requested change in On May 21, 2012, EPA designated and submittal and the rationale for EPA’s
the Federal RVP requirements. EPA has classified areas for the 2008 8-hour actions are explained in the NPR. EPA
determined that North Carolina’s April ozone NAAQS that was promulgated on did not receive any comments on the
asabaliauskas on DSK5VPTVN1PROD with RULES
16, 2015, RVP-related SIP revision is March 27, 2008, as unclassifiable/ proposed action.
consistent with the applicable attainment or nonattainment for the new
8-hour ozone NAAQS. See 77 FR 30088. II. Final Action
provisions of the CAA.
The Charlotte Area was designated as EPA is taking final action to approve
DATES: This rule is effective July 28,
nonattainment for the 2008 8-hour the State of North Carolina’s
2015. ozone NAAQS with a design value of noninterference demonstration,
ADDRESSES: EPA has established a 0.079 ppm. On April 16, 2015, DAQ submitted on April 16, 2015, in support
docket for this action under Docket submitted a redesignation request and of the State’s request that EPA change
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![44870 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations
§ 52.1770 Identification of plan. (e) * * *
* * * * *
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State EPA Federal Register
Provision Explanation
effective date Approval date citation
* * * * * * *
Supplement Maintenance Plan for the 4/16/2015 7/28/2015 [insert Federal Reg- Provides the non-interference demonstra-
Charlotte Area, NC 2008 8-hour Ozone ister citation]. tion for revising the Federal Low-Reid
Maintenance Area and RVP Standard. Vapor Pressure requirement for the
Charlotte Area, NC.
[FR Doc. 2015–18343 Filed 7–27–15; 8:45 am] Instructions: Direct your comments to the Environmental Protection Agency,
BILLING CODE 6560–50–P Docket ID No. EPA–R07–OAR–2015– Air Planning and Development Branch,
0357. EPA’s policy is that all comments 11201 Renner Boulevard, Lenexa,
received will be included in the public Kansas 66219. The Regional Office’s
ENVIRONMENTAL PROTECTION docket without change and may be official hours of business are Monday
AGENCY made available online at through Friday, 8:00 a.m. to 4:30 p.m.
www.regulations.gov, including any excluding legal holidays. The interested
40 CFR Part 52 personal information provided, unless persons wanting to examine these
[EPA–R07–OAR–2015–0357; FRL–9931–33- the comment includes information documents should make an
Region 7] claimed to be Confidential Business appointment with the office at least 24
Information (CBI) or other information hours in advance.
Approval and Promulgation of Air whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT:
Quality Implementation Plans; State of Do not submit through Heather Hamilton, Environmental
Iowa; Revisions to Linn County Air www.regulations.gov or email Protection Agency, Air Planning and
Quality Ordinance information that you consider to be CBI Development Branch, 11201 Renner
AGENCY: Environmental Protection or otherwise protected. The Boulevard, Lenexa, Kansas 66219, at
Agency (EPA). www.regulations.gov Web site is an 913–551–7039, or by email at
‘‘anonymous access’’ system, which Hamilton.heather@epa.gov.
ACTION: Direct final rule.
means EPA will not know your identity SUPPLEMENTARY INFORMATION:
SUMMARY: The Environmental Protection or contact information unless you Throughout this document ‘‘we,’’ ‘‘us,’’
Agency (EPA) is approving revisions to provide it in the body of your comment. or ‘‘our’’ refer to EPA. This section
the State Implementation Plan (SIP) for If you send an email comment directly provides additional information by
the State of Iowa. The purpose of these to EPA without going through addressing the following:
revisions is to update the Linn County www.regulations.gov, your email I. What is being addressed in this document?
Air Quality Ordinance, Chapter 10. address will be automatically captured II. Have the requirements for approval of a
These revisions reflect updates to the and included as part of the comment SIP Revision been met?
Iowa statewide rules previously that is placed in the public docket and III. What action is EPA taking?
approved by EPA and will ensure made available on the Internet. If you IV. Statutory and Executive Order Reviews
consistency between the applicable submit an electronic comment, EPA
local agency rules and Federally- recommends that you include your I. What is being addressed in this
approved rules. name and other contact information in document?
DATES: This direct final rule will be the body of your comment and with any The State of Iowa has requested EPA
effective September 28, 2015, without disk or CD–ROM you submit. If EPA approval of revisions to the local
further notice, unless EPA receives cannot read your comment due to agency’s rules and regulations, Linn
adverse comment by August 27, 2015. If technical difficulties and cannot contact County Air Quality Ordinance, Chapter
EPA receives adverse comment, we will you for clarification, EPA may not be 10, as a revision to the SIP. In order for
publish a timely withdrawal of the able to consider your comment. the local program’s ‘‘Air Quality
direct final rule in the Federal Register Electronic files should avoid the use of Ordinance’’ to be incorporated into the
informing the public that the rule will special characters, any form of Federally-enforceable SIP, on behalf of
not take effect. encryption, and be free of any defects or the local agency, the state must submit
ADDRESSES: Submit your comments, viruses. the formally adopted regulations and
identified by Docket ID No. EPA–R07– Docket: All documents in the docket control strategies, which are consistent
OAR–2015–0357, by one of the are listed in the www.regulations.gov with the state and Federal requirements,
following methods: index. Although listed in the index, to EPA for inclusion in the SIP. The
1. www.regulations.gov. Follow the some information is not publicly regulation adoption process generally
asabaliauskas on DSK5VPTVN1PROD with RULES
on-line instructions for submitting available, i.e., CBI or other information includes public notice, a public
comments. whose disclosure is restricted by statute. comment period and a public hearing,
2. Email: Hamilton.heather@epa.gov. Certain other material, such as and formal adoption of the rule by the
3. Mail or Hand Delivery: Heather copyrighted material, will be publicly state authorized rulemaking body. In
Hamilton, Environmental Protection available only in hard copy form. this case, that rulemaking body is the
Agency, Air Planning and Development Publicly available docket materials are local agency. After the local agency
Branch, 11201 Renner Boulevard, available either electronically in formally adopts the rule, the local
Lenexa, Kansas 66219. www.regulations.gov or in hard copy at agency submits the rulemaking to the
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Document Created: 2018-02-23 09:28:10
Document Modified: 2018-02-23 09:28:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 28, 2015. | |
| 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] | |
| FR Citation | 80 FR 44868 | |
| CFR Associated | Environmental 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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