80_FR_49322 80 FR 49164 - Approval of North Carolina's Request To Relax the Federal Reid Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston Counties

80 FR 49164 - Approval of North Carolina's Request To Relax the Federal Reid Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston Counties

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 158 (August 17, 2015)

Page Range49164-49168
FR Document2015-20243

The Environmental Protection Agency (EPA) is taking direct final action to approve a request from the state of North Carolina for the EPA to relax the Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for Mecklenburg and Gaston counties. Specifically, the EPA is approving amendments to the regulations to allow the RVP standard for the two counties to rise from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. The EPA has determined that this change to the federal RVP regulation is consistent with the applicable provisions of the Clean Air Act (CAA). This action is being taken without prior proposal because the EPA believes that this rulemaking is noncontroversial for the reasons set forth in this preamble, and due to the limited scope of this action.

Federal Register, Volume 80 Issue 158 (Monday, August 17, 2015)
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Rules and Regulations]
[Pages 49164-49168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20243]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2015-0208; FRL-9931-94-OAR]
RIN 2060-AS64


Approval of North Carolina's Request To Relax the Federal Reid 
Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston 
Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a request from the state of North Carolina for 
the EPA to relax the Reid Vapor Pressure (RVP) standard applicable to 
gasoline introduced into commerce from June 1 to September 15 of each 
year for Mecklenburg and Gaston counties. Specifically, the EPA is 
approving amendments to the regulations to allow the RVP standard for 
the two counties to rise from 7.8 pounds per square inch (psi) to 9.0 
psi for gasoline. The EPA has determined that this change to the 
federal RVP regulation is consistent with the applicable provisions of 
the Clean Air Act (CAA). This action is being taken without prior 
proposal because the EPA believes that this rulemaking is 
noncontroversial for the reasons set forth in this preamble, and due to 
the limited scope of this action.

DATES: This rule is effective on October 16, 2015 without further 
notice, unless EPA receives adverse comment by September 16, 2015. If 
EPA receives adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0208, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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

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

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

I. General Information

A. Why is the EPA issuing a direct final rule?

    The EPA is making this revision as a direct final rule without 
prior proposal because the EPA views this revision as noncontroversial 
and anticipates no adverse comment. The rationale for this rulemaking 
is described in detail below. In the Proposed Rules section of this 
Federal Register, the EPA is publishing a separate document that will 
serve as the proposal to approve this revision to the RVP gasoline 
standard that applies in Mecklenburg and Gaston counties should adverse 
comments be filed. If the EPA receives no adverse comment, the EPA will 
not take further action on the proposed rule. If the EPA receives 
adverse comment on this rule or any portion of this rule, the EPA will 
withdraw the direct final rule or the portion of the rule that received 
adverse comment. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this rulemaking. Any parties 
interested in commenting must do so at this time.

B. Does this action apply to me?

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

------------------------------------------------------------------------
                                                             NAICS \1\
       Examples of potentially  regulated entities             codes
------------------------------------------------------------------------
Petroleum refineries....................................          324110
Gasoline Marketers and Distributors.....................          424710
                                                                  424720
Gasoline Retail Stations................................          447110
Gasoline Transporters...................................          484220
                                                                  484230
------------------------------------------------------------------------

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

    \1\ North American Industry Classification System.

---------------------------------------------------------------------------

[[Page 49165]]

C. What should I consider as I prepare my comments?

1. Submitting CBI
    Do not submit CBI to the EPA through www.regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to the EPA, 
mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The EPA may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
3. Docket Copying Costs
    You may be required to pay a reasonable fee for copying docket 
materials.

II. Action Being Taken

    This direct final rule approves a request from the state of North 
Carolina to change the summertime gasoline RVP standard for Mecklenburg 
and Gaston counties from 7.8 psi to 9.0 psi by amending the EPA's 
regulations at 40 CFR 80.27(a)(2). In a previous rulemaking, the EPA 
approved a redesignation request and maintenance plan for the 
Charlotte-Gastonia-Salisbury, North Carolina 2008 ozone area (``the 
Charlotte area'') and a CAA section 110(l) non-interference 
demonstration that relaxing the federal RVP gasoline requirement from 
7.8 psi to 9.0 psi for gasoline sold from June 1 to September 15 of 
each year in Mecklenburg and Gaston counties would not interfere with 
maintenance of the national ambient air quality standards (NAAQS) in 
the Charlotte area. Mecklenburg and Gaston counties are part of the 
Charlotte area. For more information on North Carolina's redesignation 
request and maintenance plan for the Charlotte area, please refer to 
Docket ID. No. EPA-R04-OAR-2015-0275 for the rulemaking that was signed 
on July 17, 2015. The preamble for this rulemaking is organized as 
follows: Section III. provides the history of the federal gasoline 
volatility regulation. Section IV. describes the policy regarding 
relaxation of volatility standards in ozone nonattainment areas that 
are redesignated as attainment areas. Section V. provides information 
specific to North Carolina's request for Mecklenburg and Gaston 
counties. Finally, Section VI. presents the final action in response to 
North Carolina's request.

III. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), the EPA determined that gasoline 
nationwide was becoming increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOC), are precursors to the formation of tropospheric ozone 
and contribute to the nation's ground-level ozone problem. Exposure to 
ground-level ozone can reduce lung function, thereby aggravating asthma 
and other respiratory conditions, increase susceptibility to 
respiratory infection, and may contribute to premature death in people 
with heart and lung disease.
    The most common measure of fuel volatility that is useful in 
evaluating gasoline evaporative emissions is RVP. Under CAA section 
211(c), the EPA promulgated regulations on March 22, 1989 (54 FR 11868) 
that set maximum limits for the RVP of gasoline sold during the 
regulatory control periods that were established on a state-by-state 
basis in the final rule. The regulatory control periods addressed the 
portion of the year when peak ozone concentrations were expected. These 
regulations constituted Phase I of a two-phase nationwide program, 
which was designed to reduce the volatility of gasoline during the high 
ozone season. On June 11, 1990 (55 FR 23658), the EPA promulgated more 
stringent volatility controls as Phase II of the volatility control 
program. These requirements established maximum gasoline RVP standards 
of 9.0 psi or 7.8 psi (depending on the state, the month, and the 
area's initial ozone attainment designation with respect to the 1-hour 
ozone NAAQS.)
    The 1990 CAA Amendments established a new section 211(h) to address 
fuel volatility. CAA section 211(h) requires the EPA to promulgate 
regulations making it unlawful to sell, offer for sale, dispense, 
supply, offer for supply, transport, or introduce into commerce 
gasoline with an RVP level in excess of 9.0 psi during the high ozone 
season. CAA section 211(h) also prohibits the EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that the EPA may impose a lower (more stringent) standard in any 
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), the EPA modified the Phase II 
volatility regulations to be consistent with CAA section 211(h). The 
modified regulations prohibited the sale of gasoline with an RVP above 
9.0 psi in all areas designated attainment for ozone, effective January 
13, 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658), which included the 7.8 psi ozone season limitation for 
certain areas. As stated in the preamble to the Phase II volatility 
controls and reiterated in the proposed change to the volatility 
standards published in 1991, the EPA will rely on states to initiate 
changes to their respective volatility programs. The EPA's policy for 
approving such changes is described below in Section IV. of this 
action.
    The state of North Carolina has initiated this change by requesting 
that the EPA relax the 7.8 psi gasoline RVP standard to 9.0 psi for 
Mecklenburg and Gaston counties, which are subject to the 7.8 gasoline 
RVP requirement during the summertime ozone season. Accordingly, the 
state of North Carolina provided a technical demonstration showing that 
relaxing the federal gasoline RVP requirements in the two counties from 
7.8 psi to 9.0 psi would not interfere with maintenance of the NAAQS in 
the Charlotte area or with any other applicable CAA requirement.

[[Page 49166]]

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

    As stated in the preamble for the EPA's amended Phase II volatility 
standards (56 FR 64706), any change in the volatility standard for a 
nonattainment area that was subsequently redesignated as an attainment 
area must be accomplished through a separate rulemaking that revises 
the applicable standard for that area. Thus, for former 1-hour ozone 
nonattainment areas where the EPA mandated a Phase II volatility 
standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the 
federal 7.8 psi RVP gasoline requirement remains in effect, even after 
such an area is redesignated to attainment, until a separate rulemaking 
is completed that relaxes the federal RVP gasoline standard in that 
area from 7.8 psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, the EPA believes 
that relaxation of an applicable gasoline RVP standard is best 
accomplished in conjunction with the redesignation process. In order 
for an ozone nonattainment area to be redesignated as an attainment 
area, CAA section 107(d)(3) requires the state to make a showing, 
pursuant to CAA section 175A, that the area is capable of maintaining 
attainment for the ozone NAAQS for ten years. Depending on the area's 
circumstances, this maintenance plan will either demonstrate that the 
area is capable of maintaining attainment for ten years without the 
more stringent gasoline volatility standard or that the more stringent 
gasoline volatility standard may be necessary for the area to maintain 
its attainment with the ozone NAAQS. Therefore, in the context of a 
request for redesignation, the EPA will not relax the gasoline 
volatility standard unless the state requests a relaxation and the 
maintenance plan demonstrates to the satisfaction of the EPA that the 
area will maintain attainment for ten years without the need for the 
more stringent volatility standard.
    North Carolina requested relaxation of the federal RVP gasoline 
standard from 7.8 psi to 9.0 psi for Mecklenburg and Gaston counties 
concurrent with its request that the EPA approve a redesignation 
request and maintenance plan for the Charlotte area for the 2008 ozone 
NAAQS.

V. North Carolina's Request To Relax the Federal Gasoline RVP 
Requirement for Mecklenburg and Gaston Counties

    On March 11, 2015, the state of North Carolina, through the North 
Carolina Department of Environment and Natural Resources (NCDENR), 
submitted a redesignation request and maintenance plan for the 
Charlotte area, which was classified as Marginal for the 2008 ozone 
NAAQS. Mecklenburg and Gaston counties are part of the Charlotte area. 
Additionally, the state submitted a CAA section 110(l) non-interference 
demonstration that removal of the federal RVP requirement of 7.8 psi 
for gasoline during the summertime ozone season in Mecklenburg and 
Gaston counties would not interfere with maintenance of any NAAQS, 
including the 2008 ozone NAAQS. Specifically, the state provided a 
technical demonstration showing that relaxing the federal gasoline RVP 
requirement in the two counties from 7.8 psi to 9.0 psi would not 
interfere with maintenance of the ozone NAAQS in the Charlotte area or 
with any other applicable requirement of the CAA.
    In a rulemaking that was signed on July 17, 2015, the EPA evaluated 
and approved North Carolina's March 11, 2015 redesignation request and 
maintenance plan for the Charlotte area. See Docket ID. No. EPA-R04-
OAR-2015-0275. In a separate rulemaking signed on July 17, 2015, the 
EPA approved North Carolina's non-interference demonstration for 
Mecklenburg and Gaston counties. See Docket ID. No. EPA-R04-OAR-2015-
0260.\2\
---------------------------------------------------------------------------

    \2\ On March 11, 2015, the NCDENR requested that the EPA 
parallel process the approval of the submission.
---------------------------------------------------------------------------

    Both rulemakings were subject to public notice-and-comment. The EPA 
received two comments on the redesignation request and maintenance plan 
rulemaking, and those comments were addressed in the final rule for 
that rulemaking. The comments received can be found in the docket for 
that rulemaking (Docket ID. No. EPA-R04-OAR-2015-0275). No comments 
were received on the non-interference demonstration for Mecklenburg and 
Gaston counties (Docket ID. No. EPA-R04-OAR-2015-0260).
    In this action, the EPA is taking the second and final step in the 
process to approve North Carolina's request to relax the summertime 
ozone season gasoline RVP standard for Mecklenburg and Gaston counties 
from 7.8 psi to 9.0 psi. Specifically, the EPA is amending the 
applicable gasoline RVP standard from 7.8 psi to 9.0 psi provided at 40 
CFR 80.27(a)(2) for the two counties. This action to approve North 
Carolina's request to relax the summertime ozone season RVP standard 
for Mecklenburg and Gaston counties from 7.8 psi to 9.0 psi is based on 
the EPA's previous approval of North Carolina's March 11, 2015 
redesignation request and maintenance plan for the Charlotte area, as 
well as the non-interference demonstration. This approval is also based 
on the fact that the Charlotte area is currently in attainment for both 
the 1997 ozone NAAQS and the 2008 ozone NAAQS.

VI. Final Action

    The EPA is taking direct final action to approve the request from 
North Carolina for the EPA to relax the RVP applicable to gasoline 
introduced into commerce from June 1 to September 15 of each year in 
Mecklenburg and Gaston counties. Specifically, this action amends the 
applicable gasoline RVP standard from 7.8 psi to 9.0 psi provided at 40 
CFR 80.27(a)(2) for Mecklenburg and Gaston counties.
    The EPA is making this revision without prior proposal because the 
EPA views the revision as noncontroversial and anticipates no adverse 
comment. However, in the Proposed Rules section of this Federal 
Register, the EPA is publishing a separate document that will serve as 
the proposal to approve this revision to the gasoline RVP standard that 
applies in Mecklenburg and Gaston counties should adverse comments be 
filed. This rule will become effective October 16, 2015 without further 
notice unless the EPA receives adverse comments by September 16, 2015.
    If the EPA receives adverse comments on the rule or any portion of 
the rule, the EPA will withdraw the direct final rule or the portion of 
the rule that received adverse comment. The EPA will publish a timely 
withdrawal in the Federal Register indicating which provisions will 
become effective and which provisions are being withdrawn. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed rule. The EPA will not institute a second comment 
period on the subsequent final action. Any parties interested in 
commenting must do so at this time. If no such comments are received, 
the public is advised that this rule will become effective on October 
16, 2015 and no further action will be taken on the proposed rule.

[[Page 49167]]

VII. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act

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

C. Regulatory Flexibility Act (RFA)

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

D. Unfunded Mandates Reform Act (UMRA)

    This final rule does not contain an unfunded mandate of $100 
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action 
implements mandates specifically and explicitly set forth in CAA 
section 211(h) without the exercise of any policy discretion by the 
EPA.

E. Executive Order 13132 (Federalism)

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

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

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

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

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

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

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

I. National Technology Transfer Advancement Act

    This action does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the applicable 
ozone NAAQS which establish the level of protection provided to human 
health or the environment. This rule will relax the applicable 
volatility standard of gasoline during the summer, possibly resulting 
in slightly higher mobile source emissions. However, the state of North 
Carolina has demonstrated in its non-interference demonstration that 
this action will not interfere with maintenance of the ozone NAAQS in 
the Charlotte-Gastonia-Salisbury, North Carolina 2008 ozone area, or 
with any other applicable requirement of the CAA. Mecklenburg and 
Gaston counties are part of the Charlotte-Gastonia-Salisbury, North 
Carolina 2008 ozone area. Therefore, disproportionately high and 
adverse human health or environmental effects on minority or low-income 
populations are not an anticipated result. The results of this 
evaluation are contained in Section V. of this direct final rule. A 
copy of North Carolina's March 11, 2015 letter requesting that the EPA 
relax the gasoline RVP standard, including the technical analysis 
demonstrating that the less stringent gasoline RVP in the Mecklenburg 
and Gaston counties would not interfere with continued maintenance of 
the 2008 ozone NAAQS in the Charlotte-Gastonia-Salisbury, North 
Carolina ozone area, or with any other applicable CAA requirement, has 
been placed in the public docket for this action.

K. Congressional Review Act (CRA)

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

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 16, 2015. Filing a 
petition for reconsideration by the Administrator of this direct 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
document of proposed rulemaking for this action published in the 
Proposed Rules section of this Federal Register, rather than file an 
immediate petition

[[Page 49168]]

for judicial review of this direct final rule, so that the EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. See CAA section 307(b)(2).

VIII. Legal Authority and Statutory Provisions

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

List of Subjects in 40 CFR Part 80

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

    Dated: August 5, 2015.
Gina McCarthy,
Administrator.

    For the reasons discussed in the preamble, the Environmental 
Protection Agency is amending 40 CFR part 80 as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

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

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


0
2. In Sec.  80.27(a)(2)(ii), the table is amended by:
0
a. Removing the entry for North Carolina and footnotes 6 and 7;
0
b. Redesignating footnote 8 as footnote 6;
0
c. Adding a new entry in alphabetical order for North Carolina and a 
new footnote 7.
    The additions read as follows:


Sec.  80.27  Controls and prohibitions on gasoline volatility.

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

                               Applicable Standards \1\ 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
              State                     May            June            July           August         September
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
North Carolina \7\..............             9.0             9.0             9.0             9.0             9.0
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
 
 * * * * * * *
\7\ The standard for Mecklenburg and Gaston Counties from June 1 until September 15 in 1992 through October 16,
  2015 was 7.8 psi.
 
 * * * * * * *


[FR Doc. 2015-20243 Filed 8-14-15; 8:45 am]
 BILLING CODE 6560-50-P



                                            49164             Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                            medications, and regular health                         rulemaking is noncontroversial for the                I. General Information
                                            screenings as determined necessary by a                 reasons set forth in this preamble, and
                                            licensed veterinarian consistent with                   due to the limited scope of this action.              A. Why is the EPA issuing a direct final
                                            local veterinary practice standards.                                                                          rule?
                                                                                                    DATES: This rule is effective on October
                                            Proof of compliance with these                          16, 2015 without further notice, unless                  The EPA is making this revision as a
                                            requirements must be documented and                     EPA receives adverse comment by                       direct final rule without prior proposal
                                            accessible in the VA CLC or MHRRTP.                     September 16, 2015. If EPA receives                   because the EPA views this revision as
                                               (F) Animals may be present on NCA                    adverse comment, we will publish a                    noncontroversial and anticipates no
                                            property for ceremonial purposes during                 timely withdrawal in the Federal                      adverse comment. The rationale for this
                                            committal services, interments, and                     Register informing the public that the                rulemaking is described in detail below.
                                            other memorials, if the presence of such                rule will not take effect.                            In the Proposed Rules section of this
                                            animals would not compromise public
                                            safety, facilities and grounds care, and                ADDRESSES: Submit your comments,                      Federal Register, the EPA is publishing
                                            maintenance control standards.                          identified by Docket ID No. EPA–HQ–                   a separate document that will serve as
                                               (x) For purposes of this section, a                  OAR–2015–0208, to the Federal                         the proposal to approve this revision to
                                            disability means, with respect to an                    eRulemaking Portal: http://                           the RVP gasoline standard that applies
                                            individual, a physical or mental                        www.regulations.gov. Follow the online                in Mecklenburg and Gaston counties
                                            impairment that substantially limits one                instructions for submitting comments.                 should adverse comments be filed. If the
                                            or more major life activities of the                    Once submitted, comments cannot be                    EPA receives no adverse comment, the
                                            individual; a record of such an                         edited or withdrawn. The EPA may                      EPA will not take further action on the
                                            impairment; or being regarded as having                 publish any comment received to its                   proposed rule. If the EPA receives
                                            such an impairment.                                     public docket. Do not submit                          adverse comment on this rule or any
                                               (OMB has approved the information                    electronically any information you                    portion of this rule, the EPA will
                                            collection requirements in this section                 consider to be Confidential Business                  withdraw the direct final rule or the
                                            under control number XXXX–XXXX.)                        Information (CBI) or other information                portion of the rule that received adverse
                                                                                                    whose disclosure is restricted by statute.            comment. All public comments received
                                            *      *     *     *     *
                                            (Authority: 38 U.S.C. 901, 40 U.S.C. 3103)              Multimedia submissions (audio, video,                 will then be addressed in a subsequent
                                                                                                    etc.) must be accompanied by a written                final rule based on the proposed rule.
                                            [FR Doc. 2015–20182 Filed 8–14–15; 8:45 am]
                                                                                                    comment. The written comment is                       The EPA will not institute a second
                                            BILLING CODE 8320–01–P
                                                                                                    considered the official comment and                   comment period on this rulemaking.
                                                                                                    should include discussion of all points               Any parties interested in commenting
                                                                                                    you wish to make. The EPA will                        must do so at this time.
                                            ENVIRONMENTAL PROTECTION                                generally not consider comments or
                                            AGENCY                                                  comment contents located outside of the               B. Does this action apply to me?
                                                                                                    primary submission (i.e., on the web,
                                            40 CFR Part 80                                          cloud, or other file sharing system). For               Entities potentially affected by this
                                            [EPA–HQ–OAR–2015–0208; FRL–9931–94–                     additional submission methods, the full               rule are fuel producers and distributors
                                            OAR]                                                    EPA public comment policy,                            who do business in North Carolina.
                                            RIN 2060–AS64                                           information about CBI or multimedia
                                                                                                    submissions, and general guidance on                      Examples of potentially                 NAICS 1 codes
                                                                                                                                                                regulated entities
                                            Approval of North Carolina’s Request                    making effective comments, please visit
                                            To Relax the Federal Reid Vapor                         http://www2.epa.gov/dockets/                          Petroleum refineries .............                324110
                                            Pressure Gasoline Volatility Standard                   commenting-epa-dockets.                               Gasoline Marketers and Dis-
                                            for Mecklenburg and Gaston Counties                     FOR FURTHER INFORMATION CONTACT:                        tributors .............................         424710
                                                                                                    Patty Klavon, Office of Transportation                                                                  424720
                                            AGENCY: Environmental Protection                                                                              Gasoline Retail Stations .......                  447110
                                            Agency (EPA).                                           and Air Quality, Environmental
                                                                                                    Protection Agency, 2000 Traverwood                    Gasoline Transporters ..........                  484220
                                            ACTION: Direct final rule.                                                                                                                                      484230
                                                                                                    Drive, Ann Arbor, Michigan, 48105;
                                            SUMMARY:    The Environmental Protection                telephone number: (734) 214–4476; fax
                                                                                                    number: (734) 214–4052; email address:                   The above table is not intended to be
                                            Agency (EPA) is taking direct final
                                            action to approve a request from the                    klavon.patty@epa.gov.                                 exhaustive, but rather provides a guide
                                            state of North Carolina for the EPA to                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                          for readers regarding entities likely to be
                                            relax the Reid Vapor Pressure (RVP)                                                                           regulated by this action. The table lists
                                                                                                       The contents of this preamble are
                                            standard applicable to gasoline                                                                               the types of entities of which the EPA
                                                                                                    listed in the following outline:
                                            introduced into commerce from June 1                                                                          is aware that potentially could be
                                                                                                    I. General Information                                affected by this rule. Other types of
                                            to September 15 of each year for                        II. Action Being Taken
                                            Mecklenburg and Gaston counties.                                                                              entities not listed on the table could also
                                                                                                    III. History of the Gasoline Volatility
                                            Specifically, the EPA is approving                            Requirement
                                                                                                                                                          be affected by this rule. To determine
                                            amendments to the regulations to allow                  IV. The EPA’s Policy Regarding Relaxation of          whether your organization could be
                                            the RVP standard for the two counties                         Gasoline Volatility Standards in Ozone          affected by this rule, you should
                                            to rise from 7.8 pounds per square inch                       Nonattainment Areas That Are                    carefully examine the regulations in 40
                                            (psi) to 9.0 psi for gasoline. The EPA has                    Redesignated as Attainment Areas                CFR 80.27. If you have questions
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                                            determined that this change to the                      V. North Carolina’s Request to Relax the              regarding the applicability of this action
                                                                                                          Federal Gasoline RVP Requirement for            to a particular entity, call the person
                                            federal RVP regulation is consistent                          Mecklenburg and Gaston Counties
                                            with the applicable provisions of the                                                                         listed in the FOR FURTHER INFORMATION
                                                                                                    VI. Final Action
                                            Clean Air Act (CAA). This action is                     VII. Statutory and Executive Order Reviews            CONTACT section of this preamble.
                                            being taken without prior proposal                      VIII. Legal Authority and Statutory
                                            because the EPA believes that this                            Provisions                                        1 North   American Industry Classification System.



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                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                          49165

                                            C. What should I consider as I prepare                  rulemaking, the EPA approved a                        regulations constituted Phase I of a two-
                                            my comments?                                            redesignation request and maintenance                 phase nationwide program, which was
                                                                                                    plan for the Charlotte-Gastonia-                      designed to reduce the volatility of
                                            1. Submitting CBI
                                                                                                    Salisbury, North Carolina 2008 ozone                  gasoline during the high ozone season.
                                               Do not submit CBI to the EPA through                 area (‘‘the Charlotte area’’) and a CAA               On June 11, 1990 (55 FR 23658), the
                                            www.regulations.gov or email. Clearly                   section 110(l) non-interference                       EPA promulgated more stringent
                                            mark the part or all of the information                 demonstration that relaxing the federal               volatility controls as Phase II of the
                                            that you claim to be CBI. For CBI                       RVP gasoline requirement from 7.8 psi                 volatility control program. These
                                            information in a disk or CD–ROM that                    to 9.0 psi for gasoline sold from June 1              requirements established maximum
                                            you mail to the EPA, mark the outside                   to September 15 of each year in                       gasoline RVP standards of 9.0 psi or 7.8
                                            of the disk or CD–ROM as CBI and then                   Mecklenburg and Gaston counties                       psi (depending on the state, the month,
                                            identify electronically within the disk or              would not interfere with maintenance of               and the area’s initial ozone attainment
                                            CD–ROM the specific information that                    the national ambient air quality                      designation with respect to the 1-hour
                                            is claimed as CBI. In addition to one                   standards (NAAQS) in the Charlotte                    ozone NAAQS.)
                                            complete version of the comment that                    area. Mecklenburg and Gaston counties                    The 1990 CAA Amendments
                                            includes information claimed as CBI, a                  are part of the Charlotte area. For more              established a new section 211(h) to
                                            copy of the comment that does not                       information on North Carolina’s                       address fuel volatility. CAA section
                                            contain the information claimed as CBI                  redesignation request and maintenance                 211(h) requires the EPA to promulgate
                                            must be submitted for inclusion in the                  plan for the Charlotte area, please refer             regulations making it unlawful to sell,
                                            public docket. Information so marked                    to Docket ID. No. EPA–R04–OAR–2015–                   offer for sale, dispense, supply, offer for
                                            will not be disclosed except in                         0275 for the rulemaking that was signed               supply, transport, or introduce into
                                            accordance with procedures set forth in                 on July 17, 2015. The preamble for this               commerce gasoline with an RVP level in
                                            40 CFR part 2.                                          rulemaking is organized as follows:                   excess of 9.0 psi during the high ozone
                                                                                                    Section III. provides the history of the              season. CAA section 211(h) also
                                            2. Tips for Preparing Your Comments                     federal gasoline volatility regulation.               prohibits the EPA from establishing a
                                               When submitting comments,                            Section IV. describes the policy                      volatility standard more stringent than
                                            remember to:                                            regarding relaxation of volatility                    9.0 psi in an attainment area, except that
                                               • Identify the rulemaking by docket                  standards in ozone nonattainment areas                the EPA may impose a lower (more
                                            number and other identifying                            that are redesignated as attainment                   stringent) standard in any former ozone
                                            information (subject heading, Federal                   areas. Section V. provides information                nonattainment area redesignated to
                                            Register date and page number).                         specific to North Carolina’s request for              attainment.
                                               • Follow directions—The EPA may                      Mecklenburg and Gaston counties.                         On December 12, 1991 (56 FR 64704),
                                            ask you to respond to specific questions                Finally, Section VI. presents the final
                                                                                                                                                          the EPA modified the Phase II volatility
                                            or organize comments by referencing a                   action in response to North Carolina’s
                                                                                                                                                          regulations to be consistent with CAA
                                            Code of Federal Regulations (CFR) part                  request.
                                                                                                                                                          section 211(h). The modified regulations
                                            or section number.
                                                                                                    III. History of the Gasoline Volatility               prohibited the sale of gasoline with an
                                               • Explain why you agree or disagree,
                                                                                                    Requirement                                           RVP above 9.0 psi in all areas
                                            suggest alternatives, and substitute
                                                                                                       On August 19, 1987 (52 FR 31274),                  designated attainment for ozone,
                                            language for your requested changes.
                                               • Describe any assumptions and                       the EPA determined that gasoline                      effective January 13, 1992. For areas
                                            provide any technical information and/                  nationwide was becoming increasingly                  designated as nonattainment, the
                                            or data that you used.                                  volatile, causing an increase in                      regulations retained the original Phase II
                                               • If you estimate potential costs or                 evaporative emissions from gasoline-                  standards published on June 11, 1990
                                            burdens, explain how you arrived at                     powered vehicles and equipment.                       (55 FR 23658), which included the 7.8
                                            your estimate in sufficient detail to                   Evaporative emissions from gasoline,                  psi ozone season limitation for certain
                                            allow for it to be reproduced.                          referred to as volatile organic                       areas. As stated in the preamble to the
                                               • Provide specific examples to                       compounds (VOC), are precursors to the                Phase II volatility controls and
                                            illustrate your concerns, and suggest                   formation of tropospheric ozone and                   reiterated in the proposed change to the
                                            alternatives.                                           contribute to the nation’s ground-level               volatility standards published in 1991,
                                               • Explain your views as clearly as                   ozone problem. Exposure to ground-                    the EPA will rely on states to initiate
                                            possible, avoiding the use of profanity                 level ozone can reduce lung function,                 changes to their respective volatility
                                            or personal threats.                                    thereby aggravating asthma and other                  programs. The EPA’s policy for
                                               • Make sure to submit your                           respiratory conditions, increase                      approving such changes is described
                                            comments by the comment period                          susceptibility to respiratory infection,              below in Section IV. of this action.
                                            deadline identified.                                    and may contribute to premature death                    The state of North Carolina has
                                                                                                    in people with heart and lung disease.                initiated this change by requesting that
                                            3. Docket Copying Costs                                    The most common measure of fuel                    the EPA relax the 7.8 psi gasoline RVP
                                              You may be required to pay a                          volatility that is useful in evaluating               standard to 9.0 psi for Mecklenburg and
                                            reasonable fee for copying docket                       gasoline evaporative emissions is RVP.                Gaston counties, which are subject to
                                            materials.                                              Under CAA section 211(c), the EPA                     the 7.8 gasoline RVP requirement during
                                                                                                    promulgated regulations on March 22,                  the summertime ozone season.
                                            II. Action Being Taken                                  1989 (54 FR 11868) that set maximum                   Accordingly, the state of North Carolina
                                              This direct final rule approves a                     limits for the RVP of gasoline sold                   provided a technical demonstration
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                                            request from the state of North Carolina                during the regulatory control periods                 showing that relaxing the federal
                                            to change the summertime gasoline RVP                   that were established on a state-by-state             gasoline RVP requirements in the two
                                            standard for Mecklenburg and Gaston                     basis in the final rule. The regulatory               counties from 7.8 psi to 9.0 psi would
                                            counties from 7.8 psi to 9.0 psi by                     control periods addressed the portion of              not interfere with maintenance of the
                                            amending the EPA’s regulations at 40                    the year when peak ozone                              NAAQS in the Charlotte area or with
                                            CFR 80.27(a)(2). In a previous                          concentrations were expected. These                   any other applicable CAA requirement.


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                                            49166             Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                            IV. The EPA’s Policy Regarding                          V. North Carolina’s Request To Relax                  CFR 80.27(a)(2) for the two counties.
                                            Relaxation of Gasoline Volatility                       the Federal Gasoline RVP Requirement                  This action to approve North Carolina’s
                                            Standards in Ozone Nonattainment                        for Mecklenburg and Gaston Counties                   request to relax the summertime ozone
                                            Areas That Are Redesignated as                             On March 11, 2015, the state of North              season RVP standard for Mecklenburg
                                            Attainment Areas                                        Carolina, through the North Carolina                  and Gaston counties from 7.8 psi to 9.0
                                                                                                    Department of Environment and Natural                 psi is based on the EPA’s previous
                                               As stated in the preamble for the                    Resources (NCDENR), submitted a                       approval of North Carolina’s March 11,
                                            EPA’s amended Phase II volatility                       redesignation request and maintenance                 2015 redesignation request and
                                            standards (56 FR 64706), any change in                  plan for the Charlotte area, which was                maintenance plan for the Charlotte area,
                                            the volatility standard for a                           classified as Marginal for the 2008                   as well as the non-interference
                                            nonattainment area that was                             ozone NAAQS. Mecklenburg and                          demonstration. This approval is also
                                            subsequently redesignated as an                         Gaston counties are part of the Charlotte             based on the fact that the Charlotte area
                                            attainment area must be accomplished                    area. Additionally, the state submitted a             is currently in attainment for both the
                                            through a separate rulemaking that                      CAA section 110(l) non-interference                   1997 ozone NAAQS and the 2008 ozone
                                            revises the applicable standard for that                demonstration that removal of the                     NAAQS.
                                            area. Thus, for former 1-hour ozone                     federal RVP requirement of 7.8 psi for
                                            nonattainment areas where the EPA                       gasoline during the summertime ozone                  VI. Final Action
                                            mandated a Phase II volatility standard                 season in Mecklenburg and Gaston
                                                                                                    counties would not interfere with                        The EPA is taking direct final action
                                            of 7.8 psi RVP in the December 12, 1991
                                                                                                    maintenance of any NAAQS, including                   to approve the request from North
                                            rulemaking, the federal 7.8 psi RVP
                                                                                                    the 2008 ozone NAAQS. Specifically,                   Carolina for the EPA to relax the RVP
                                            gasoline requirement remains in effect,
                                                                                                    the state provided a technical                        applicable to gasoline introduced into
                                            even after such an area is redesignated
                                                                                                    demonstration showing that relaxing the               commerce from June 1 to September 15
                                            to attainment, until a separate
                                                                                                    federal gasoline RVP requirement in the               of each year in Mecklenburg and Gaston
                                            rulemaking is completed that relaxes the
                                                                                                    two counties from 7.8 psi to 9.0 psi                  counties. Specifically, this action
                                            federal RVP gasoline standard in that
                                                                                                    would not interfere with maintenance of               amends the applicable gasoline RVP
                                            area from 7.8 psi to 9.0 psi.                           the ozone NAAQS in the Charlotte area                 standard from 7.8 psi to 9.0 psi
                                               As explained in the December 12,                     or with any other applicable                          provided at 40 CFR 80.27(a)(2) for
                                            1991 rulemaking, the EPA believes that                  requirement of the CAA.                               Mecklenburg and Gaston counties.
                                            relaxation of an applicable gasoline RVP                   In a rulemaking that was signed on
                                                                                                    July 17, 2015, the EPA evaluated and                     The EPA is making this revision
                                            standard is best accomplished in
                                                                                                    approved North Carolina’s March 11,                   without prior proposal because the EPA
                                            conjunction with the redesignation
                                                                                                    2015 redesignation request and                        views the revision as noncontroversial
                                            process. In order for an ozone
                                                                                                    maintenance plan for the Charlotte area.              and anticipates no adverse comment.
                                            nonattainment area to be redesignated
                                                                                                    See Docket ID. No. EPA–R04–OAR–                       However, in the Proposed Rules section
                                            as an attainment area, CAA section
                                                                                                    2015–0275. In a separate rulemaking                   of this Federal Register, the EPA is
                                            107(d)(3) requires the state to make a
                                                                                                    signed on July 17, 2015, the EPA                      publishing a separate document that
                                            showing, pursuant to CAA section
                                                                                                    approved North Carolina’s non-                        will serve as the proposal to approve
                                            175A, that the area is capable of
                                                                                                    interference demonstration for                        this revision to the gasoline RVP
                                            maintaining attainment for the ozone
                                                                                                    Mecklenburg and Gaston counties. See                  standard that applies in Mecklenburg
                                            NAAQS for ten years. Depending on the                   Docket ID. No. EPA–R04–OAR–2015–                      and Gaston counties should adverse
                                            area’s circumstances, this maintenance                  0260.2                                                comments be filed. This rule will
                                            plan will either demonstrate that the                      Both rulemakings were subject to                   become effective October 16, 2015
                                            area is capable of maintaining                          public notice-and-comment. The EPA                    without further notice unless the EPA
                                            attainment for ten years without the                    received two comments on the                          receives adverse comments by
                                            more stringent gasoline volatility                      redesignation request and maintenance
                                                                                                                                                          September 16, 2015.
                                            standard or that the more stringent                     plan rulemaking, and those comments
                                            gasoline volatility standard may be                     were addressed in the final rule for that                If the EPA receives adverse comments
                                            necessary for the area to maintain its                  rulemaking. The comments received can                 on the rule or any portion of the rule,
                                            attainment with the ozone NAAQS.                        be found in the docket for that                       the EPA will withdraw the direct final
                                            Therefore, in the context of a request for              rulemaking (Docket ID. No. EPA–R04–                   rule or the portion of the rule that
                                            redesignation, the EPA will not relax the               OAR–2015–0275). No comments were                      received adverse comment. The EPA
                                            gasoline volatility standard unless the                 received on the non-interference                      will publish a timely withdrawal in the
                                            state requests a relaxation and the                     demonstration for Mecklenburg and                     Federal Register indicating which
                                            maintenance plan demonstrates to the                    Gaston counties (Docket ID. No. EPA–                  provisions will become effective and
                                            satisfaction of the EPA that the area will              R04–OAR–2015–0260).                                   which provisions are being withdrawn.
                                                                                                       In this action, the EPA is taking the              All public comments received will then
                                            maintain attainment for ten years
                                                                                                    second and final step in the process to               be addressed in a subsequent final rule
                                            without the need for the more stringent
                                                                                                    approve North Carolina’s request to                   based on the proposed rule. The EPA
                                            volatility standard.
                                                                                                    relax the summertime ozone season                     will not institute a second comment
                                               North Carolina requested relaxation of               gasoline RVP standard for Mecklenburg                 period on the subsequent final action.
                                            the federal RVP gasoline standard from                  and Gaston counties from 7.8 psi to 9.0               Any parties interested in commenting
                                            7.8 psi to 9.0 psi for Mecklenburg and
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                                                                                                    psi. Specifically, the EPA is amending                must do so at this time. If no such
                                            Gaston counties concurrent with its                     the applicable gasoline RVP standard                  comments are received, the public is
                                            request that the EPA approve a                          from 7.8 psi to 9.0 psi provided at 40
                                                                                                                                                          advised that this rule will become
                                            redesignation request and maintenance
                                                                                                      2 On March 11, 2015, the NCDENR requested that
                                                                                                                                                          effective on October 16, 2015 and no
                                            plan for the Charlotte area for the 2008                                                                      further action will be taken on the
                                                                                                    the EPA parallel process the approval of the
                                            ozone NAAQS.                                            submission.                                           proposed rule.


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                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                          49167

                                            VII. Statutory and Executive Order                      specifically and explicitly set forth in              populations because it does not affect
                                            Reviews                                                 CAA section 211(h) without the exercise               the applicable ozone NAAQS which
                                                                                                    of any policy discretion by the EPA.                  establish the level of protection
                                            A. Executive Order 12866: Regulatory
                                                                                                                                                          provided to human health or the
                                            Planning and Review and Executive                       E. Executive Order 13132 (Federalism)
                                                                                                                                                          environment. This rule will relax the
                                            Order 13563: Improving Regulation and                     This action does not have federalism                applicable volatility standard of
                                            Regulatory Review                                       implications. It will not have substantial            gasoline during the summer, possibly
                                              This action is not a ‘‘significant                    direct effects on the states, on the                  resulting in slightly higher mobile
                                            regulatory action’’ under the terms of                  relationship between the national                     source emissions. However, the state of
                                            Executive Order 12866 (58 FR 51735,                     government and the states, or on the                  North Carolina has demonstrated in its
                                            October 4, 1993) and is therefore not                   distribution of power and                             non-interference demonstration that this
                                            subject to review under Executive                       responsibilities among the various                    action will not interfere with
                                            Orders 12866 and 13563. (76 FR 3821,                    levels of government.                                 maintenance of the ozone NAAQS in
                                            January 21, 2011).                                                                                            the Charlotte-Gastonia-Salisbury, North
                                                                                                    F. Executive Order 13175: Consultation
                                            B. Paperwork Reduction Act                                                                                    Carolina 2008 ozone area, or with any
                                                                                                    and Coordination With Indian Tribal
                                                                                                                                                          other applicable requirement of the
                                              This action does not impose any new                   Governments
                                                                                                                                                          CAA. Mecklenburg and Gaston counties
                                            information collection burden under the                   This action does not have tribal                    are part of the Charlotte-Gastonia-
                                            provisions of the Paperwork Reduction                   implications, as specified in Executive               Salisbury, North Carolina 2008 ozone
                                            Act, 44 U.S.C. 3501 et seq., and                        Order 13175 (65 FR 67249, November 9,                 area. Therefore, disproportionately high
                                            therefore is not subject to these                       2000). This final rule affects only those             and adverse human health or
                                            requirements.                                           refiners, importers or blenders of                    environmental effects on minority or
                                            C. Regulatory Flexibility Act (RFA)                     gasoline that choose to produce or                    low-income populations are not an
                                                                                                    import low RVP gasoline for sale in the               anticipated result. The results of this
                                               I certify that this action will not have             Birmingham area and gasoline                          evaluation are contained in Section V.
                                            a significant economic impact on a                      distributers and retail stations in the               of this direct final rule. A copy of North
                                            substantial number of small entities                    Birmingham area. Thus, Executive                      Carolina’s March 11, 2015 letter
                                            under the RFA. In making this                           Order 13175 does not apply to this                    requesting that the EPA relax the
                                            determination, the impact of concern is                 action.                                               gasoline RVP standard, including the
                                            any significant adverse economic                                                                              technical analysis demonstrating that
                                            impact on small entities. An agency may                 G. Executive Order 13045: Protection of
                                                                                                                                                          the less stringent gasoline RVP in the
                                            certify that a rule will not have a                     Children From Environmental Health
                                                                                                                                                          Mecklenburg and Gaston counties
                                            significant economic impact on a                        and Safety Risks
                                                                                                                                                          would not interfere with continued
                                            substantial number of small entities if                   The EPA interprets Executive Order                  maintenance of the 2008 ozone NAAQS
                                            the rule relieves regulatory burden, has                13045 as applying only to those                       in the Charlotte-Gastonia-Salisbury,
                                            no net burden or otherwise has a                        regulatory actions that concern                       North Carolina ozone area, or with any
                                            positive economic effect on the small                   environmental health or safety risks that             other applicable CAA requirement, has
                                            entities subject to the rule. The small                 the EPA has reason to believe may                     been placed in the public docket for this
                                            entities subject to the requirements of                 disproportionately affect children, per               action.
                                            this action are refiners, importers or                  the definition of ‘‘covered regulatory
                                            blenders of gasoline that choose to                                                                           K. Congressional Review Act (CRA)
                                                                                                    action’’ in section 2–202 of the
                                            produce or import low RVP gasoline for                  Executive Order. This action is not                     This action is subject to the CRA, and
                                            sale in North Carolina and gasoline                     subject to Executive Order 13045                      the EPA will submit a rule report to
                                            distributers and retail stations in North               because it approves a state program.                  each House of the Congress and to the
                                            Carolina. This action relaxes the federal                                                                     Comptroller General of the United
                                            RVP standard for gasoline sold in                       H. Executive Order 13211: Actions                     States. This action is not a ‘‘major rule’’
                                            Mecklenburg and Gaston counties                         Concerning Regulations That                           as defined by 5 U.S.C. 804(2).
                                            during the summertime ozone season                      Significantly Affect Energy Supply,
                                                                                                    Distribution, or Use                                  L. Petitions for Judicial Review
                                            (June 1 to September 15 of each year) to
                                            allow the RVP for gasoline sold in                        This action is not subject to Executive                Under section 307(b)(1) of the Clean
                                            Mecklenburg and Gaston counties to                      Order 13211 because it is not a                       Air Act, petitions for judicial review of
                                            rise from 7.8 psi to 9.0 psi. This rule                 significant regulatory action under                   this action must be filed in the United
                                            does not impose any requirements or                     Executive Order 12866.                                States Court of Appeals for the
                                            create impacts on small entities beyond                                                                       appropriate circuit by September 16,
                                            those, if any, already required by or                   I. National Technology Transfer                       2015. Filing a petition for
                                            resulting from the CAA section 211(h)                   Advancement Act                                       reconsideration by the Administrator of
                                            Volatility Control program. We have                       This action does not involve technical              this direct final rule does not affect the
                                            therefore concluded that this action will               standards.                                            finality of this action for the purposes of
                                            have no net regulatory burden for all                                                                         judicial review nor does it extend the
                                                                                                    J. Executive Order 12898: Federal                     time within which a petition for judicial
                                            directly regulated small entities.                      Actions to Address Environmental                      review may be filed, and shall not
                                            D. Unfunded Mandates Reform Act                         Justice in Minority Populations and                   postpone the effectiveness of such rule
                                            (UMRA)                                                  Low-Income Populations                                or action. Parties with objections to this
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                                              This final rule does not contain an                     The EPA believes the human health or                direct final rule are encouraged to file a
                                            unfunded mandate of $100 million or                     environmental risk addressed by this                  comment in response to the parallel
                                            more as described in UMRA, 2 U.S.C.                     action will not have potential                        document of proposed rulemaking for
                                            1531–1538, and does not significantly or                disproportionately high and adverse                   this action published in the Proposed
                                            uniquely affect small governments. The                  human health or environmental effects                 Rules section of this Federal Register,
                                            action implements mandates                              on minority, low-income or indigenous                 rather than file an immediate petition


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                                            49168                  Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                            for judicial review of this direct final                              Air pollution control, Fuel additives,                      Authority: 42 U.S.C. 7414, 7521, 7542,
                                            rule, so that the EPA can withdraw this                               Gasoline, Motor vehicle and motor                         7545, and 7601(a).
                                            direct final rule and address the                                     vehicle engines, Motor vehicle                            ■  2. In § 80.27(a)(2)(ii), the table is
                                            comment in the proposed rulemaking.                                   pollution, Penalties, Reporting and                       amended by:
                                            This action may not be challenged later                               recordkeeping requirements.
                                            in proceedings to enforce its                                                                                                   ■ a. Removing the entry for North
                                                                                                                    Dated: August 5, 2015.                                  Carolina and footnotes 6 and 7;
                                            requirements. See CAA section
                                            307(b)(2).                                                            Gina McCarthy,                                            ■ b. Redesignating footnote 8 as footnote
                                                                                                                  Administrator.                                            6;
                                            VIII. Legal Authority and Statutory
                                                                                                                                                                            ■ c. Adding a new entry in alphabetical
                                            Provisions                                                              For the reasons discussed in the
                                                                                                                                                                            order for North Carolina and a new
                                               The statutory authority for this action                            preamble, the Environmental Protection
                                                                                                                                                                            footnote 7.
                                            is granted to the EPA by Sections 211(h)                              Agency is amending 40 CFR part 80 as
                                                                                                                  follows:                                                     The additions read as follows:
                                            and 301(a) of the Clean Air Act, as
                                            amended; 42 U.S.C. 7545(h) and                                                                                                  § 80.27 Controls and prohibitions on
                                            7601(a).                                                              PART 80—REGULATION OF FUELS                               gasoline volatility.
                                                                                                                  AND FUEL ADDITIVES
                                            List of Subjects in 40 CFR Part 80                                                                                                  (a) * * *
                                              Environmental protection,                                           ■ 1. The authority citation for part 80                       (2) * * *
                                            Administrative practice and procedures,                               continues to read as follows:                                 (ii) * * *

                                                                                                  APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS
                                                                                  State                                                 May                   June              July                August         September


                                                     *                            *                                 *                         *                         *                       *                    *
                                            North Carolina 7 ....................................................................                 9.0                9.0                9.0                  9.0           9.0

                                                         *                             *                              *                       *                        *                        *                    *
                                               1 Standards are expressed in pounds per square inch (psi).
                                                        *                   *                   *                   *                  *                  *                    *
                                               7 The standard for Mecklenburg and Gaston Counties from June 1 until September 15 in 1992 through October 16, 2015 was 7.8 psi.

                                                        *                   *                   *                   *                  *                  *                    *


                                            [FR Doc. 2015–20243 Filed 8–14–15; 8:45 am]                           DATES:  This regulation is effective                      Pennsylvania Ave. NW., Washington,
                                            BILLING CODE 6560–50–P                                                August 17, 2015. Objections and                           DC 20460–0001; main telephone
                                                                                                                  requests for hearings must be received                    number: (703) 305–7090; email address:
                                                                                                                  on or before October 16, 2015, and must                   BPPDFRNotices@epa.gov.
                                            ENVIRONMENTAL PROTECTION                                              be filed in accordance with the                           SUPPLEMENTARY INFORMATION:
                                            AGENCY                                                                instructions provided in 40 CFR part
                                                                                                                  178 (see also Unit I.C. of the                            I. General Information
                                            40 CFR Part 180                                                       SUPPLEMENTARY INFORMATION).                               A. Does this action apply to me?
                                            [EPA–HQ–OPP–2015–0017; FRL–9930–16]                                   ADDRESSES: The docket for this action,
                                                                                                                                                                               You may be potentially affected by
                                                                                                                  identified by docket identification (ID)                  this action if you are an agricultural
                                            Lavandulyl Senecioate; Exemption                                      number EPA–HQ–OPP–2015–0017, is
                                            From the Requirement of a Tolerance                                                                                             producer, food manufacturer, or
                                                                                                                  available at http://www.regulations.gov                   pesticide manufacturer. The following
                                            AGENCY:  Environmental Protection                                     or at the Office of Pesticide Programs                    list of North American Industrial
                                            Agency (EPA).                                                         Regulatory Public Docket (OPP Docket)                     Classification System (NAICS) codes is
                                                                                                                  in the Environmental Protection Agency                    not intended to be exhaustive, but rather
                                            ACTION: Final rule.
                                                                                                                  Docket Center (EPA/DC), West William                      provides a guide to help readers
                                            SUMMARY:   This regulation establishes an                             Jefferson Clinton Bldg., Rm. 3334, 1301                   determine whether this document
                                            exemption from the requirement of a                                   Constitution Ave. NW., Washington, DC                     applies to them. Potentially affected
                                            tolerance for residues of the arthropod                               20460–0001. The Public Reading Room                       entities may include:
                                            pheromone, lavandulyl senecioate, in or                               is open from 8:30 a.m. to 4:30 p.m.,                         • Crop production (NAICS code 111).
                                            on all raw agricultural commodities                                   Monday through Friday, excluding legal                       • Animal production (NAICS code
                                            when applied or used in microbeads/                                   holidays. The telephone number for the                    112).
                                            dispensers at a rate not to exceed 150                                Public Reading Room is (202) 566–1744,                       • Food manufacturing (NAICS code
                                            grams active ingredient/acre/year in                                  and the telephone number for the OPP                      311).
                                            accordance with good agricultural                                     Docket is (703) 305–5805. Please review                      • Pesticide manufacturing (NAICS
                                            practices. Suterra, LLC submitted a                                   the visitor instructions and additional                   code 32532).
                                            petition to EPA under the Federal Food,                               information about the docket available
tkelley on DSK3SPTVN1PROD with RULES




                                            Drug, and Cosmetic Act (FFDCA),                                       at http://www.epa.gov/dockets.                            B. How can I get electronic access to
                                            requesting an exemption from the                                      FOR FURTHER INFORMATION CONTACT:                          other related information?
                                            requirement of a tolerance. This                                      Robert McNally, Biopesticides and                           You may access a frequently updated
                                            regulation eliminates the need to                                     Pollution Prevention Division (7511P),                    electronic version of 40 CFR part 180
                                            establish a maximum permissible level                                 Office of Pesticide Programs,                             through the Government Printing
                                            for residues of lavandulyl senecioate.                                Environmental Protection Agency, 1200                     Office’s e-CFR site at http://


                                       VerDate Sep<11>2014        16:26 Aug 14, 2015       Jkt 235001      PO 00000       Frm 00052   Fmt 4700    Sfmt 4700   E:\FR\FM\17AUR1.SGM      17AUR1



Document Created: 2015-12-15 11:07:23
Document Modified: 2015-12-15 11:07:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on October 16, 2015 without further notice, unless EPA receives adverse comment by September 16, 2015. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.
ContactPatty Klavon, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, Michigan, 48105; telephone number: (734) 214-4476;
FR Citation80 FR 49164 
RIN Number2060-AS64
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedures; Air Pollution Control; Fuel Additives; Gasoline; Motor Vehicle and Motor Vehicle Engines; Motor Vehicle Pollution; Penalties and Reporting and Recordkeeping Requirements

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