83_FR_35588 83 FR 35444 - Air Plan Approval; NC: Inspection and Maintenance Program

83 FR 35444 - Air Plan Approval; NC: Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 144 (July 26, 2018)

Page Range35444-35451
FR Document2018-15813

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of North Carolina on November 17, 2017, through the North Carolina Department of Environmental Quality (DEQ), Division of Air Quality (DAQ), for the purpose of removing 26 counties from North Carolina's expanded inspection and maintenance (I/M) program, which was previously approved into the SIP for use as a component of the State's Nitrogen Oxides (NO<INF>X</INF>) Budget and Allowance Trading Program. EPA has evaluated whether this SIP revision would interfere with the requirements of the Clean Air Act (CAA or Act), including EPA regulations related to statewide NO<INF>X</INF> emissions budgets. EPA is proposing to determine that North Carolina's November 17, 2017, SIP revision is consistent with the applicable provisions of the CAA.

Federal Register, Volume 83 Issue 144 (Thursday, July 26, 2018)
[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Proposed Rules]
[Pages 35444-35451]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15813]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0020; FRL-9981-24--Region 4]


Air Plan Approval; NC: Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of North Carolina on November 17, 2017, through the North 
Carolina Department of Environmental Quality (DEQ), Division of Air 
Quality (DAQ), for the purpose of removing 26 counties from North 
Carolina's expanded inspection and maintenance (I/M) program, which was 
previously approved into the SIP for use as a component of the State's 
Nitrogen Oxides (NOX) Budget and Allowance Trading Program. 
EPA has evaluated whether this SIP revision would interfere with the 
requirements of the Clean Air Act (CAA or Act), including EPA 
regulations related to statewide NOX emissions budgets. EPA 
is

[[Page 35445]]

proposing to determine that North Carolina's November 17, 2017, SIP 
revision is consistent with the applicable provisions of the CAA.

DATES: Written comments must be received on or before August 27, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0020 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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. 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: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9222. Ms. Sheckler can 
also be reached via electronic mail at sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION: This preamble is organized into three parts. 
Section I provides an overview of what is being proposed in this SIP 
revision. Section II provides the background of North Carolina's SIP-
approved I/M program and its relationship to the State's NOX 
Budget and Allowance Trading Program. Section III provides EPA's 
analysis of the submittal, including information submitted by North 
Carolina to support a non-interference demonstration. Section IV 
provides EPA's proposed action.

I. What is being proposed?

    In response to a North Carolina legislative act signed by the 
Governor on May 4, 2017, that removed the State's I/M requirements for 
26 counties,\1\ the DAQ submitted a SIP revision on November 17, 2017, 
seeking to remove these counties from the expanded I/M program which 
was approved into the SIP in 2002. The expanded I/M program was 
approved into the SIP in 2002, for the purpose of using NOX 
emissions reductions generated by this expanded program as a component 
of the State's NOX Budget and Allowance Trading Program. See 
67 FR 66056 (October 30, 2002). The SIP-approved I/M rules, which 
initially required tail-pipe emissions testing (later replaced by on-
board diagnostic standards) are contained within 15A North Carolina 
Administrative Code (NCAC) Subchapter 2D, Section .1000 ``Motor Vehicle 
Emissions Control Standards.'' The 2002 SIP-approved amendment of those 
rules expanded the applicability of the I/M program in North Carolina's 
SIP from nine counties to 48 counties. See 67 FR 66056. The 26 counties 
which are the subject of this SIP revision are part of this expanded 
list.
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    \1\ Under provisions of the State legislation, Session Law 2017-
10, Senate Bill 131, the removal of I/M requirements from the 26 
counties is not effective until the later of the following dates: 
October 1, 2017 or the first day of a month that is 60 days after 
the Secretary of the DEQ certifies that EPA has approved the instant 
SIP revision. The 26 counties are: Brunswick, Burke, Caldwell, 
Carteret, Catawba, Chatham, Cleveland, Craven, Edgecombe, Granville, 
Harnett, Haywood, Henderson, Lenoir, Moore, Nash, Orange, Pitt, 
Robeson, Rutherford, Stanly, Stokes, Surry, Wayne, Wilkes, and 
Wilson.
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    As noted above, the purpose of the 2002 I/M SIP revision was to 
allow North Carolina to gain credits from the I/M emissions reductions 
from the 26 counties, and other counties on the expanded list, as part 
of its NOX Budget and Allowance Trading Program. See 67 FR 
66056. North Carolina's NOX Budget and Allowance Trading 
Program was submitted to EPA for approval in response to EPA's 
regulation entitled ``Finding of Significant Contribution and 
Rulemaking for Certain States in the Ozone Transport Assessment Group 
Region for Purposes of Reducing Regional Transport of Ozone,'' 
otherwise known as the NOX SIP Call. The I/M emissions 
reductions from these 26 counties are not relied upon for any other 
purpose in the North Carolina SIP.\2\
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    \2\ See Section II, below, for a more detailed discussion of the 
NOX SIP Call and North Carolina's EPA-approved response, 
which includes as an element, credits gained from emissions 
reductions resulting from implementation of its SIP-approved 
expanded I/M program.
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    For the reasons discussed more fully in Section III, below, EPA is 
proposing to find that removal of the 26 counties from North Carolina's 
SIP-approved expanded I/M program (and consequently, the removal of 
reliance on credits gained from I/M emissions reductions from the 26 
counties in the State's NOX Budget and Allowance Trading 
Program) will not interfere with North Carolina's obligations under the 
NOX SIP Call. This proposed finding is based on a number of 
federal rules and SIP-approved State regulations promulgated and 
implemented subsequent to the 2002 approval of North Carolina's 
NOX SIP Call submission, which have created significant 
NOX emissions reductions in North Carolina such that the 
credits gained by the 26 counties' participation in the expanded I/M 
program are no longer needed in order for North Carolina to meets its 
NOX SIP Call Statewide NOX emissions budget. 
North Carolina has provided an analysis which supports this proposed 
finding and which discusses some of these federal rules and SIP-
approved State regulations.\3\ See Section III, below.
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    \3\ See Letter from Michael A. Abraczinskas, Director of the 
Division of Air Quality for the North Carolina Department of 
Environmental Quality, dated July 11, 2018. This letter is part of 
the Docket for this action.
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    In addition, North Carolina's SIP revision evaluates the impact 
that the removal of the I/M program for these 26 counties would have on 
the State's ability to attain and maintain the NAAQS. The SIP revision 
contains a technical demonstration with revised emissions calculations 
showing that removing the 26 counties from the expanded I/M program 
will not interfere with North Carolina's attainment or maintenance of 
any NAAQS or with any other applicable requirement of the CAA. As 
discussed more fully in Section III, below, EPA is proposing to find 
that North Carolina's revised emissions calculations demonstrate that 
removing the 26 counties' participation in the expanded I/M program 
will not interfere with State's ability to attain or maintain any 
NAAQS.

II. What is the background of North Carolina's I/M program and its 
relationship to the NOX SIP Call and the State's 
NOX budget and allowance trading program?

    Under sections 182(b)(4), (c) and (d) of the CAA, I/M programs are 
required for areas that are designated as moderate or above 
nonattainment for ozone. As a result, North Carolina has previously 
submitted, and EPA has previously approved into the SIP (in 1995), a 
CAA-required I/M program for nine counties.\4\ See 60 FR 28720 (June 2,

[[Page 35446]]

1995). Subsequently, North Carolina expanded its State I/M program to 
cover 39 additional counties in order to further improve air quality in 
the State.\5\ This expansion included the 26 counties at issue in this 
SIP revision, none of which were required by Section 182 of the CAA to 
be included in the I/M program in North Carolina's SIP.\6\
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    \4\ The nine counties are Mecklenburg, Wake, Cabarrus, Durham, 
Forsyth, Gaston, Guilford, Union, and Orange. 60 FR 28720 (June 2, 
1995). However, while Orange County was included in this 1995 
submittal and EPA approval, it was not designated as nonattainment 
for either the ozone or carbon monoxide (CO) NAAQS.
    \5\ North Carolina Session Law 1999-328, Section 3.1(d) and 
Section 3.8.
    \6\ All 26 of the counties subject to this proposed rulemaking 
were designated ``unclassifiable/attainment'' for the 2008 8-hour 
ozone NAAQS. See 77 FR 30088. Five (or portions thereof) of the 26 
counties (i.e., Chatham, Edgecombe, Haywood (partial), Nash, and 
Orange) were previously designated nonattainment for the 1997 8-hour 
ozone standard but have since been redesignated to attainment. The 
remaining 21 counties were originally designated unclassifiable/
attainment for the 1997 8-hour ozone NAAQS and have continued to 
attain the standard.
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    While none of the 26 counties at issue in the current action were 
required by the CAA to be included in the I/M program contained in the 
SIP, the State sought to include them in 2002 as part of an expanded I/
M program in order to use credits from I/M emissions reductions from 
these counties as a component of the State's response to EPA's 
NOX SIP Call. The NOX SIP Call was designed to 
mitigate significant transport of NOX, one of the precursors 
of ozone. It required 19 states (including North Carolina) and the 
District of Columbia to meet statewide NOX emissions budgets 
during the five-month period from May 1 through September 30, called 
the ozone season (or control period).
    In response to the NOX SIP Call, North Carolina made 
several SIP submittals to EPA, including one on August 7, 2002, to 
amend its I/M program in the SIP so that it expanded application of the 
SIP-approved I/M rules from nine counties to the 48 counties. As noted 
above, the purpose of this August 7, 2002, SIP revision was to allow 
North Carolina to gain credits from the emissions reductions (reduction 
credits) from the expanded I/M program for use as a component in its 
Statewide NOX emissions budget contained within its 
NOX SIP Call SIP submittal, which was pending before EPA at 
the time.\7\ See 67 FR 66056. Approval of the I/M revision into the SIP 
and the amended rules contained therein allowed North Carolina to gain 
reduction credits ranging from 914 tons in 2004 to 4,385 tons in 2007 
and beyond for use in its NOX emissions budget. These 
reduction credits were used by the State at the beginning of the 
NOX emissions budget program to allow for new growth and to 
help meet the overall budget cap until the affected stationary sources 
could install and operate controls needed to meet their emissions 
allowances.\8\ See 67 FR 66056. EPA approved the August 7, 2002, I/M 
SIP revision on October 30, 2002, and noted that the revision and EPA's 
approval resolved the outstanding issues associated with the State's 
NOX SIP Call submittal (which EPA had proposed for approval 
on June 24, 2002). See 67 FR 66056; 67 FR 42519. EPA subsequently 
approved North Carolina's NOX SIP Call submittal (i.e., the 
North Carolina NOX Budget and Allowance Trading Program) on 
December 27, 2002 (67 FR 78987).9 10
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    \7\ North Carolina's Statewide NOX emissions budget 
is 165,022 tons per ozone season. See 40 CFR 51.121(g)(2)(ii).
    \8\ While these reduction credits were primarily used to allow 
for new growth during initial program implementation, a small 
portion (approximately 1,000 tons/ozone season) were also initially 
used to help meet the Statewide NOX emissions budget of 
165,022 tons/ozone season. See 67 FR 42519, 42522 (June 24, 2002).
    \9\ Further discussion of the NOX SIP Call submittal 
appears in Section III. In addition, details of North Carolina's 
EPA-approved NOX SIP Call submittal can be found in the 
proposed rulemaking for that approval. See 67 FR 42519 (June 24, 
2002).
    \10\ EPA also approved changes to North Carolina's I/M SIP on 
November 20, 2014. See 79 FR 69051. Those changes repealed the 
regulations pertaining to the tail-pipe emissions test because this 
test was obsolete and replaced it with the On-Board Diagnostics 
emissions test.
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III. What is EPA's analysis of North Carolina's submittal?

a. Impact on the State's NOX SIP Call Obligations

    North Carolina's November 17, 2017, submittal seeks to remove 26 
counties from the expanded I/M program contained in the SIP. This 
removal consequently removes reliance on the I/M reduction credits 
gained from the 26 counties' participation in the expanded I/M program 
from the State's NOX emissions budget--a component of the 
State's response to the NOX SIP Call. North Carolina has 
indicated that it no longer needs these reduction credits in order to 
meet its obligations under the NOX SIP Call. For the 
following reasons, EPA is proposing to find that the removal of the 26 
counties from the expanded I/M program will not interfere with the 
State's obligation under the NOX SIP Call to meets its 
Statewide NOX emissions budget.
    Subsequent to the NOX SIP Call, a number of federal 
rules, as well as SIP-approved State regulations have created 
significant NOX emissions reductions in North Carolina 
(including ozone season reductions) such that any emissions reduction 
credits derived from the 26 counties' participation in the expanded I/M 
program are no longer needed in order for North Carolina to meets its 
Statewide NOX emissions budget. For stationary sources, 
including large EGUs, these federal rules include CAIR in 2005 \11\ and 
its replacement in 2011, the Cross State Air Pollution Rule 
(CSAPR).\12\ In addition, federal mobile source-related measures 
include: The Tier 2 vehicle and fuel standards; \13\ nonroad spark 
ignition engines and recreational engine standards; heavy-duty gasoline 
and diesel highway vehicle standards; \14\ and large nonroad diesel 
engine standards.\15\ These mobile source measures have resulted in, 
and continue to result in, large reductions in NOX emissions 
over time due to fleet turnover (i.e., the replacement of older 
vehicles that predate the standards with newer vehicles that meet the 
standards).
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    \11\ CAIR created regional cap-and-trade programs to reduce 
sulfur dioxide (SO2) and NOX emissions in 27 
eastern states, including North Carolina, that contributed to 
downwind nonattainment or interfered with maintenance of the 1997 8-
hour ozone NAAQS or the 1997 PM2.5 NAAQS. CAIR was 
challenged in federal court and in 2008, the United States Court of 
Appeals for the District of Columbia (D.C. Circuit) remanded CAIR to 
EPA without vacatur. North Carolina v. EPA, 550 F.3rd 1176, 1178 
(D.C. Cir. 2008)..
    \12\ In response to the D.C. Circuit's remand of CAIR, EPA 
promulgated CSAPR to replace CAIR. CSAPR requires 28 eastern states, 
including North Carolina, to limit their statewide emissions of 
SO2 and NOX in order to mitigate transported 
air pollution impacting other states' ability to attain or maintain 
four NAAQS: The 1997 ozone NAAQS, the 1997 annual PM2.5 
NAAQS, the 2006 24-hour PM2.5 NAAQS, and the 2008 8-hour 
ozone NAAQS. The CSAPR emissions limitations are defined in terms of 
maximum statewide ``budgets'' for emissions of annual SO2 
and NOX, and/or ozone-season NOX by each 
covered state's large EGUs. The CSAPR state budgets are implemented 
in two phases of generally increasing stringency, with Phase I 
budgets applying to emissions in 2015 and 2016 and the Phase 2 
budgets applying to emissions in 2017 and later years. CSAPR was 
challenged in the D.C. Circuit, and on August 12, 2012, it was 
vacated and remanded to EPA. The vacatur was subsequently reversed 
by the United States Supreme Court on April 29, 2014. EPA v. EME 
Homer City Generation, L.P., 134 S.Ct. 1584 (2014). This litigation 
ultimately delayed implementation of CSAPR for three years.
    \13\ The Tier 2 standards, begun in 2004, continue to 
significantly reduce NOX emissions and EPA expects that 
these standards will reduce NOX emissions from vehicles 
by approximately 74 percent by 2030 (or nearly 3 million tons 
annually by 2030). See 80 FR 44873, 44876 (July 28, 2015) (citing 
EPA, Regulatory Announcement, EPA 420-F-99-051 (December 1999).
    \14\ Also begun in 2004, implementation of this rule is expected 
to achieve a 95 percent reduction in NOX emissions from 
diesel trucks and buses by 2030. See 80 FR 44873, 44876 (July 28, 
2015).
    \15\ EPA estimated that compliance with this rule will cut 
NOX emissions from non-road diesel engines by up to 90 
percent nationwide. See 80 FR 44873, 44876 (July 28, 2015).
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    In 2002, North Carolina also enacted and subsequently implemented 
its Clean Smokestacks Act (CSA), which

[[Page 35447]]

created system-wide annual emissions caps on actual emissions of 
NOX and SO2 from coal-fired power plants within 
the State, the first of which became effective in 2007. The CSA 
required certain coal-fired power plants in North Carolina to 
significantly reduce annual NOX emissions by 189,000 tons 
(or 77 percent) by 2009 (using a 1998 baseline year). This represented 
about a one-third reduction of the NOX emissions from all 
sources in North Carolina. See 76 FR 36468, 36470 (June 11, 2011).\16\ 
With the requirement to meet annual emissions caps and disallowing the 
purchase of NOX credits to meet the caps, the CSA reduced 
NOX emissions beyond the requirements of the NOX 
SIP Call even though the Act did not limit emissions only during the 
ozone season. EPA approved the CSA into North Carolina's SIP on 
September 26, 2011 (76 FR 59250).
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    \16\ North Carolina indicates that the utilities have reduced 
NOX emissions by 83 percent relative to the 1998 
emissions levels. See Letter from Michael A. Abraczinskas, Director 
of the Division of Air Quality for the North Carolina Department of 
Environmental Quality, dated July 11, 2018.
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    Together, implementation of these federal rules and SIP-approved 
State regulations have created significant NOX emissions 
reductions since North Carolina's NOX emissions budget was 
approved into the SIP in 2002, and for EGUs in particular, have 
significantly reduced ozone season NOX emissions well below 
the original NOX SIP Call budget. This last point is 
illustrated in Table 1, which compares the EGU NOX SIP Call 
budget to actual emissions in 2007 and 2017. Actual EGU emissions in 
2007 and 2017 were 23 percent (7,274 tons) and 60 percent (18,906 tons) 
below the NOX SIP Call budget for EGUs, respectively. 
Notably, the entirety of the emissions reduction credits from the 
expanded I/M program (and used by the State in its NOX 
emissions budget) only totaled 4,385 tons, of which approximately 1,000 
tons was initially needed to meet the overall budget.

    Table 1--Comparison of Ozone Season NOX SIP Call Budget to Actual
                           Emissions for EGUs
------------------------------------------------------------------------
                                               2007            2017
------------------------------------------------------------------------
NOX SIP Call Budget, Tons \17\..........          31,451          31,451
Actual Emissions, Tons..................          24,177          12,545
Below Budget, Tons......................           7,274          18,906
Below Budget, Percent...................              23              60
------------------------------------------------------------------------

    Table 2 compares the impact of the estimated ozone season 
NOX emissions increases due to the proposed change to the 
expanded I/M program on EGU reductions and NOX SIP Call I/M 
reduction credits. Using EPA's Motor Vehicle Emission Simulator 
(MOVES2014), the DAQ estimates that removing the 26 counties from the 
expanded I/M program will increase ozone season NOX 
emissions by 611 tons. As noted above, in 2017, EGU emissions were 
18,906 tons (60 percent) below the NOX SIP Call budget for 
EGUs. The proposed change to the expanded I&M program would lower the 
EGU reduction by about 3 percent to 18,295 tons below the 
NOX SIP Call budget for EGUs.\18\ Thus, based on this EGU-
focused analysis, the DAQ concludes that the ozone season 
NOX emissions increase associated with the proposed change 
to the expanded I/M program has no impact on North Carolina's 
obligations under the NOX SIP call to meet its Statewide 
NOX emissions budget.
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    \17\ From EPA's proposed approval of North Carolina's 
NOX SIP Call submission. See 67 FR 42519 (June 24, 2002).
    \18\ Table 2 also reflects DAQ's anticipated SIP submittal which 
will request EPA approval to revise the vehicle model year coverage 
for the 22 counties remaining in the expanded I/M program. This SIP 
submittal has not yet been made to EPA and the current action does 
not, and is not intended to, address it.

Table 2--Impact of NOX Emissions Increases Due to Proposed Changes to I/
        M Program on EGU Reductions and NOX SIP Call I/M Credits
------------------------------------------------------------------------
          I/M Emissions Increase in 2018, Tons
------------------------------------------------------------------------
26 Counties.............................................             611
22 Counties.............................................             311
48 County Total I/M Increase............................             922
EGU Reduction in 2017 (from Table 1)....................          18,906
Net EGU Reduction in 2017 including I/M Increase........          17,984
------------------------------------------------------------------------

    In light of the above, EPA is proposing to find that North 
Carolina's removal of the 26 counties from the expanded I/M program 
contained in its SIP (and the use of I/M emissions reductions generated 
from those counties as part of the reduction credits in the State's 
NOX emissions budget) will not interfere with the State's 
obligations under the NOX SIP Call to meet its Statewide 
NOX emissions budget. Subsequent promulgation and 
implementation of a number of federal rules and SIP-approved State 
regulations, and in particular those impacting EGUs, have created 
significant NOX emissions reductions in the State that are 
more than sufficient to offset the need for North Carolina's reliance 
on the I/M reduction credits from the 26 counties in order to meet its 
Statewide NOX emissions budget.

b. Overall Preliminary Conclusions Regarding North Carolina's Non-
Interference Analyses

    Section 110(l) of the CAA requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any other 
applicable requirement of the CAA. EPA evaluates section 110(l) non-
interference demonstrations on a case-by-case basis considering the 
circumstances of each SIP revision. EPA interprets section 110(l) as 
applying to all NAAQS that are in effect, including those that have 
been promulgated but for which EPA has not yet made designations. The 
degree of analysis focused on any particular NAAQS in a non-
interference

[[Page 35448]]

demonstration varies depending on the nature of the emissions 
associated with the proposed SIP revision. For I/M SIP revisions, the 
most relevant pollutants to consider are ozone precursors (i.e., 
NOX and volatile organic compounds (VOC) and CO. In 
connection with this November 17, 2017, SIP revision, North Carolina 
submitted a non-interference demonstration, which EPA analyzes below.
    As mentioned above, North Carolina's November 17, 2017, SIP 
revision included a non-interference demonstration to support the 
State's request to remove the 26 counties from North Carolina's SIP-
approved expanded I/M program. This demonstration includes an 
evaluation of the impact that the removal of the I/M program for these 
counties would have on North Carolina's ability to attain or maintain 
any NAAQS in the State. Based on the analysis below EPA is proposing to 
find that removal of the 26 counties from the expanded I/M program 
meets the requirements of CAA Section 110(l) and will not interfere 
with attainment or maintenance of any NAAQS in North Carolina.\19\
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    \19\ EPA also notes, as a transport related matter, that on 
October 26, 2016, it determined through the CSAPR Update (81 FR 
74504) that North Carolina did not contribute to nonattainment or 
maintenance issues in downwind states for the 2008 8-hour ozone 
NAAQS. The 2016 CSAPR Update provides technical and related analysis 
to assist states with meeting the good neighbor requirements of the 
CAA for the 2008 ozone NAAQS. Specifically, the CSAPR Update 
includes projection modeling to determine whether individual states 
contribute significantly or not to nonattainment or maintenance in 
other states. On December 9, 2015, North Carolina provided a SIP 
revision addressing ozone transport requirements for the 2008 8-hour 
ozone standards and made the determination that the State did not 
contribute to nonattainment or maintenance issues in any other 
state. EPA approved North Carolina's submission on October 4, 2017, 
with the consideration of EPA's modeling conducted for the CSAPR 
Update. See 82 FR 46134. Also, most recently, EPA conducted modeling 
for the 2015 ozone NAAQS. That modeling preliminarily indicates that 
North Carolina does not contribute to nonattainment or interfere 
with maintenance issues in any other state for that standard.
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i. Non-Interference Analysis for the Ozone NAAQS
    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard 
of 0.08 parts per million (ppm). This standard was more stringent than 
the 1-hour ozone standard that was promulgated in 1979. On March 12, 
2008, EPA revised both the primary and secondary NAAQS for ozone to a 
level of 0.075 ppm to provide increased protection of public health and 
the environment. See 73 FR 16436 (March 27, 2008). The 2008 ozone NAAQS 
retains the same general form and averaging time as the 0.08 ppm NAAQS 
set in 1997, but is set at a more protective level. Under EPA's 
regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is attained 
when the 3-year average of the annual fourth highest daily maximum 8-
hour average ambient air quality ozone concentrations is less than or 
equal to 0.075 ppm. See 40 CFR 50.15. On October 26, 2015, EPA 
published a final rule lowering the level of the 8-hour ozone NAAQS to 
0.070 ppm. See 80 FR 65292.
    North Carolina is currently designated attainment statewide for the 
all of the ozone NAAQS. In summary, on November 6, 2017, EPA designated 
the entire state of North Carolina attainment/unclassifiable for the 
2015 8-hour ozone NAAQS. See 82 FR 54232. Additionally, all 26 of the 
counties subject to this proposed rulemaking were designated 
``unclassifiable/attainment'' for the 2008 8-hour ozone NAAQS. See 77 
FR 30088. Five (or portions thereof) of the 26 aforementioned counties 
(i.e., Chatham, Edgecombe, Haywood (partial), Nash, and Orange) were 
previously designated nonattainment for the 1997 8-hour ozone standard 
but have since been redesignated to attainment. The remaining 21 
counties were originally designated unclassifiable/attainment for the 
1997 8-hour ozone NAAQS and have continued to attain the standard.
    Only seven of the 26 counties to be removed from the program have 
ozone monitors. The design values in part per billion (ppb) are all 
well below the ozone NAAQS (see Table 3).

  Table 3--Design Values for Counties To Be Removed With Ozone Monitors
------------------------------------------------------------------------
                                                           Ozone design
     Counties to be removed that have ozone monitors        value, ppb
                                                            (2014-1016)
------------------------------------------------------------------------
Caldwell................................................              64
Carteret................................................              60
Edgecombe...............................................              62
Granville...............................................              64
Haywood.................................................              66
Lenoir..................................................              63
Pitt....................................................              62
------------------------------------------------------------------------

    DAQ's noninterference analysis utilized EPA's MOVES2014 emission 
modeling system to estimate emissions for mobile sources. By 2018, the 
NOX emissions reduction resulting from the North Carolina I/
M program will be 0.25 ton per day (tpd) or less in each of the 26 
counties that are being requested for removal from the I/M program. As 
summarized in Tables 4 and 5, below, the MOVES model predicted emission 
increases for only on-road vehicles. The results for 2018 show a slight 
increase in anthropogenic NOX emissions for each county, as 
shown in Table 4, ranging from 0.08 to 0.25 tpd. The present increase 
in total NOX emissions for a county ranges from 0.4 percent 
to 4.6 percent. The total increase in NOX emissions 
associated with removing all 26 counties from the I/M program in 2018 
is 3.97 tpd \20\ or 1.9 percent of total man-made emissions (205 tpd).
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    \20\ 3.97 tpd multiplied by 154 days in the ozone season equals 
611 tons per ozone season.

                                           Table 4--Total Anthropogenic NOX Emissions for 2018 for 26 Counties
                                                                          [tpd]
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                                         On-road                  Non-road              Point               Area                      Totals
                             ---------------------------------------------------------------------------------------------------------------------------
   Counties to be removed                          Emission                                                                                   Emissions
                                 I/M     No I/M    increase     I/M     No I/M      I/M     No I/M      I/M     No I/M      I/M     No I/M     increase
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brunswick...................       2.4       2.6       0.18       4.9       4.9       6.4       6.4       0.5       0.5      14.3      14.5         0.18
Burke.......................       2.7       2.9       0.17       0.6       0.6       0.2       0.2      0.23      0.23       3.8       3.9         0.17
Caldwell....................       2.1       2.2       0.15       0.5       0.5       0.3       0.3      0.29      0.29       3.2       3.4         0.15
Carteret....................       1.1       1.2       0.10       5.4       5.4       0.1       0.1       0.3       0.3       6.9       7.0         0.10
Catawba.....................       3.2       3.5       0.25       1.4       1.4      35.5      35.5       0.6       0.6      40.9      41.2         0.25
Chatham.....................       1.8       2.2       0.14       0.6       0.6       1.5       1.5       0.2       0.2       4.5       4.6         0.14
Cleveland...................       1.0       3.4       0.20       0.9       0.9       9.3       9.3       0.2       0.2      13.5      13.7         0.20
Craven......................       2.1       1.9       0.13       0.8       0.8       5.3       5.3       0.3       0.3       8.2       8.3         0.13
Edgecombe...................       2.4       1.1       0.08       0.8       0.8       3.4       3.4       0.2       0.2       5.5       5.6         0.08
Granville...................       3.0       2.2       0.11       0.6       0.6       0.1       0.1       0.1       0.1       3.0       3.1         0.11
Harnett.....................       2.4       2.6       0.16       0.8       0.8      0.07      0.07       0.4       0.4       3.7       3.9         0.16
Haywood.....................       3.0       3.2       0.16       0.4       0.4      8.14      8.14       0.3       0.3      11.9      12.0         0.16

[[Page 35449]]

 
Henderson...................       2.4       2.6       0.17       0.8       0.8       0.2       0.2       0.4       0.4       3.9       4.1         0.17
Lenoir......................       1.3       1.4       0.10       0.5       0.5       0.2       0.2       0.3       0.3       2.4       2.5         0.10
Moore.......................       1.9         2       0.14       0.7       0.7       0.1       0.1       0.4       0.4       3.2       3.3         0.14
Nash........................       3.2       3.4       0.19       1.1       1.1       0.5       0.5       0.5       0.5       5.5       5.7         0.19
Orange......................       4.0       4.2       0.21       1.0       1.0       0.5       0.5       0.5       0.5       6.2       6.4         0.21
Pitt........................       2.4       2.6       0.19       1.3       1.3       0.4       0.4       0.7       0.7       4.9       5.1         0.19
Robeson.....................       4.2       4.5       0.25       2.0       2.0       1.5       1.5       0.5       0.5       8.4       8.6         0.21
Rutherford..................       1.6       1.7       0.11       1.1       1.1       0.3       0.3       0.2       0.2       3.3       3.4         0.11
Stanly......................       1.6       1.7       0.11       0.6       0.6       0.5       0.5       0.2       0.2       2.9       3.1         0.11
Stokes......................       1.2       1.2       0.08       0.3       0.3      20.2      20.2       0.1       0.1      21.9      22.0         0.08
Surry.......................       2.8         3       0.17       0.6       0.6       0.1       0.1       0.3       0.3       4.0       4.1         0.17
Wayne.......................       2.2       2.3       0.16       1.0       1.0       5.5       5.5       0.6       0.6       9.3       9.5         0.16
Wilkes......................       2.0       2.2       0.13       0.4       0.4       0.7       0.7       0.2       0.2       3.5       3.6         0.13
Wilson......................       2.1       2.3       0.13       1.5       1.5       1.3       1.3       0.3       0.3       5.3       5.5         0.13
                             ---------------------------------------------------------------------------------------------------------------------------
    Total...................        61        65       3.97        31        31       130       130       9.5       9.5       205       209         3.97
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                           Table 5--Total Anthropogenic VOC Emissions for 2018 for 26 Counties
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         On-road                  Non-road              Point               Area                      Totals
                             ---------------------------------------------------------------------------------------------------------------------------
   Counties to be removed                          Emission                                                                                   Emissions
                                 I/M     No I/M    increase     I/M     No I/M      I/M     No I/M      I/M     No I/M      I/M     No I/M     increase
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brunswick...................       1.6       1.8       0.14       1.7       1.7       2.6       2.6       3.5       3.5       9.5       9.2         0.14
Burke.......................       1.8       1.9       0.14       0.4       0.4       1.7       1.7       3.4       3.4       7.4       7.5         0.14
Caldwell....................       1.7       1.8       0.13       0.7       0.7       3.0       3.0       4.4       4.4       9.9        10         0.13
Carteret....................       1.0       1.1       0.10       5.6       5.6       .23       .23       1.8       1.8       8.7       8.8         0.10
Catawba.....................       2.6       2.8       0.22       1.3       1.3       4.9       4.9      12.8      12.8      21.7      21.9         0.22
Chatham.....................       1.3       1.4       0.11       0.5       0.5       2.2       2.2       1.7       1.7       5.9       6.0         0.11
Cleveland...................       2.0       2.1       0.16       0.6       0.6       0.4       0.4       3.9       3.9       7.0       7.2         0.16
Craven......................       1.3       1.4       0.10       1.0       1.0       3.1       3.1       3.1       3.6       8.8       8.9         0.11
Edgecombe...................       0.7       0.8       0.07       0.3       0.3       0.2       0.2       2.6       2.6       4.0       4.1         0.07
Granville...................       1.1       1.2       0.08       0.4       0.4       0.8       0.8       1.6       1.6       4.1       4.2         0.08
Harnett.....................       1.7       1.9       0.14       0.6       0.6       0.2       0.2       3.7       3.7       6.5       6.6         0.14
Haywood.....................       1.4       1.6       0.11       1.2       1.2       4.6       4.6       1.6       1.6       8.9       9.0         0.11
Henderson...................       1.7       1.8       0.14       2.8       2.8       0.9       0.9       3.7       3.7       9.3       9.4         0.14
Lenoir......................       0.9       1.0       0.08       0.5       0.5       0.9       0.9       3.8       3.8       5.4       5.5         0.08
Moore.......................       1.6       1.7       0.13       0.7       0.7      0.07      0.07       2.7       2.7       5.1       5.2         0.13
Nash........................       1.7       1.8       0.14       0.5       0.5       0.6       0.6       4.3       4.3       7.3       7.2         0.14
Orange......................       2.0       2.1       0.16       1.6       1.6       0.4       0.4       3.0       3.0       7.2       7.4         0.16
Pitt........................       1.8       2.0       0.17       0.8       0.8       1.6       1.6       5.4       5.4       9.8        10         0.17
Robeson.....................       2.2       2.4       0.18       0.5       0.5       0.7       0.7       5.4       5.4       9.0       9.3         0.19
Rutherford..................       1.3       1.4       0.10       0.7       0.7       0.4       0.4       2.2       2.2       4.6       4.7         0.10
Stanly......................       1.2       1.3       0.10       0.8       0.8       1.1       1.1       2.5       2.5       5.8       5.9         0.10
Stokes......................       0.9       1.0       0.08       0.4       0.4       0.5       0.5       1.3       1.3       3.4       3.4         0.08
Surry.......................       1.7       1.8       0.17       0.8       0.8       1.2       1.2       3.4       3.4       7.2       7.3         0.13
Wayne.......................       1.7       1.8       0.14       0.7       0.7       1.4       1.4       4.8       4.8       8.7       8.8         0.14
Wilkes......................       1.5       1.6       0.12       0.5       0.5       1.9       1.9       2.7       2.7       6.8       6.9         0.12
Wilson......................       1.2       1.4       0.11       0.7       0.7       1.4       1.4       3.3       3.3       6.8      6.97         0.11
                             ---------------------------------------------------------------------------------------------------------------------------
    Total...................        40        44       3.97      27.5      27.5        38        38        93        93       199       203         3.29
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 6 below, total NOX and VOC emissions 
would increase 4.0 tpd (2.4 percent) and 3.3 tpd (2.8 percent), 
respectively.

 Table 6--Summary of On-Road NOX and VOC Emissions Increases Associated
             With Removing 26 Counties From the I/M Program
------------------------------------------------------------------------
                                          NOX  emissions
                                              in 2018     VOC  emissions
                                                              in 2018
------------------------------------------------------------------------
Total On-Road Emissions for 48 Counties            168.0           117.6
 in Current I/M Program.................
Total On-Road Emissions after Removing             172.0           120.9
 26 of 48 Counties from I/M Program.....
Emissions Increases (TPD)...............             3.9             3.3
Emissions Increases (% of Total On-Road              2.4             2.8
 Emissions for 48 Counties).............
------------------------------------------------------------------------


[[Page 35450]]

    Given the results of North Carolina's emissions analysis, EPA 
proposes to find that removal of the 26 counties from the SIP-approved 
expanded I/M program would not interfere with maintenance of the ozone 
NAAQS in the State.
ii. Non-Interference Analysis for the Fine Particulate Matter 
(PM2.5) NAAQS
    Over the course of several years, EPA has reviewed and revised the 
PM2.5 NAAQS a number of times. On July 16, 1997, EPA 
established an annual PM2.5 NAAQS of 15.0 micrograms per 
cubic meter ([mu]g/m\3\), based on a 3-year average of annual mean 
PM2.5 concentrations, and a 24-hour PM2.5 NAAQS 
of 65 [mu]g/m\3\, and based on a 3-year average of the 98th percentile 
of 24-hour concentrations. See 62 FR 36852 (July 18, 1997). On 
September 21, 2006, EPA retained the 1997 Annual PM2.5 NAAQS 
of 15.0 [mu]g/m\3\ but revised the 24-hour PM2.5 NAAQS to 35 
[mu]g/m\3\, based again on a 3-year average of the 98th percentile of 
24-hour concentrations. See 71 FR 61144 (October 17, 2006). On December 
14, 2012, EPA retained the 2006 24-hour PM2.5 NAAQS of 35 
[mu]g/m\3\ but revised the annual primary PM2.5 NAAQS to 
12.0 [mu]g/m\3\, based again on a 3-year average of annual mean 
PM2.5 concentrations. See 78 FR 3086 (January 15, 2013).
    EPA promulgated designations for the 1997 Annual PM2.5 
NAAQS on January 5, 2005 (70 FR 944), and April 14, 2005 (70 FR 19844). 
Of the 26 counties subject to this rulemaking, only Catawba County was 
designated nonattainment for the 1997 Annual PM2.5 NAAQS. 
This Area has since been redesignated to attainment for the 1997 Annual 
PM2.5 NAAQS and continues to attain this NAAQS. See 76 FR 
71452 (November 18, 2011). On November 13, 2009, and on January 15, 
2015, EPA published notices determining that the entire state of North 
Carolina was unclassifiable/attainment for the 2006 daily 
PM2.5 NAAQS and the 2012 Annual PM2.5 NAAQS, 
respectively. See 71 FR 61144 and 78 FR 3086.
    In North Carolina's November 17, 2017, SIP revision, the State 
concluded that the removal of the 26 counties from the expanded I/M 
program would not interfere with attainment or maintenance of the 
PM2.5 NAAQS. The pollution control systems for light-duty 
gasoline vehicles subject to the I/M program are not designed to reduce 
emissions for PM2.5; therefore, removing counties from the 
program will not have any impact on ambient concentrations of 
PM2.5 NAAQS. In addition, MOVES2014 modeling results 
indicate that removing these 26 counties from the expanded I/M program 
would not increase PM2.5 emissions. EPA has evaluated the 
State's analysis and proposes to find that removal of the 26 counties 
from the SIP-approved expanded I/M program would not interfere with 
maintenance of the PM2.5 NAAQS in the State.
iii. Non-Interference Analysis for the 2010 Nitrogen Dioxide 
(NO2) NAAQS
    The 2010 NO2 1-hour standard is set at 100 ppb, based on 
the 3-year average of the 98th percentile of the yearly distribution of 
1-hour daily maximum concentrations. The annual standard of 53 ppb is 
based on the annual mean concentration. On February 17, 2012, EPA 
designated all counties in North Carolina as unclassifiable/attainment 
for the 2010 NO2 NAAQS. See 77 FR 9532.
    Based on the technical analysis in North Carolina's November 17, 
2017, SIP revision, the projected increase in total anthropogenic 
NOX emissions (of which NO2 is a component) 
associated with the removal of the 26 counties from the expanded I/M 
program ranges from 0.08 to 0.25 tpd in 2018. All NO2 
monitors in the State are measuring below the annual NO2 
standard, and all near road monitors are measuring well below the 1-
hour NO2 standard. Given the current unclassifiable/
attainment designation and the results of North Carolina's emissions 
analysis which show a de minimis increase, EPA proposes to find that 
removal of the 26 counties from the SIP-approved expanded I/M program 
would not interfere with maintenance of the 2010 NO2 NAAQS 
in the State.
iv. Non-Interference Analysis for the CO NAAQS
    EPA promulgated the CO NAAQS in 1971 and has retained the standards 
since its last review of the standard in 2011. The primary NAAQS for CO 
include: (1) An 8-hour standard of 9.0 ppm, measured using the annual 
second highest 8-hour concentration for two consecutive years as the 
design value; and (2) a 1-hour average of 35 ppm, using the second 
highest 1-hour average within a given year. The 26 counties subject to 
this proposed action have always been unclassifiable/attainment for the 
CO NAAQS.
    In North Carolina's November 17, 2017, SIP revision, the State 
concluded that the removal of the 26 counties from the expanded I/M 
program would not interfere with attainment or maintenance of the CO 
NAAQS. MOVES2014 mobile emissions modeling results show a slight 
increase in CO emissions for each of the 26 counties ranging from 1.0 
tpd (Stakes County) to 4.3 tpd (Robeson County) in 2018. This increase 
is minimal and is not expected to interfere with continued attainment 
of the CO NAAQS in any of the 26 counties or adjacent counties. 
Statewide, the current ambient air quality levels for CO are less than 
20 percent of the CO NAAQS. For these reasons, EPA proposes to find 
that removal of the 26 counties from the SIP-approved expanded I/M 
program would not interfere with maintenance of the CO NAAQS in the 
State.
v. Non-Interference Analysis for the SO2 NAAQS
    On June 22, 2010 (75 FR 35520), EPA revised the 1-hour 
SO2 NAAQS to 75 ppb which became effective on August 23, 
2010. On August 5, 2013 (78 FR 47191), EPA initially designated 
nonattainment only in areas with violating 2009-2011 monitoring data. 
EPA did not designate any county in North Carolina for the 2010 1-hour 
SO2 NAAQS as part of the initial designation. On March 2, 
2015, a Consent Decree was issued by the United States District Court 
for the Northern District of California stipulating the time and method 
for designating the remaining areas in the Country.\21\ For North 
Carolina, EPA designated the entire state attainment/unclassifiable for 
SO2 (pursuant to a consent decree) on December 21, 2017 
(effective April 9, 2018 https://www.thefederalregister.org/fdsys/pkg/FR-2018-01-09/pdf/2017-28423.pdf) except for the following townships/counties: 
Beaverdam Township (Haywood County); Limestone Township (Buncombe 
County); and Cunningham Township (Person County). Counties listed above 
deployed monitors which EPA intends to designate by December 2020. 
Also, a portion of Brunswick County was designated unclassifiable 
effective in August 2016.
---------------------------------------------------------------------------

    \21\ Copy of the Consent Decree--http://www.epa.gov/so2designations/pdfs/201503FinalCourtOrder.pdf.
---------------------------------------------------------------------------

    Based on the technical analysis in North Carolina's November 17, 
2017, SIP revision, the State concluded that removal of the 26 counties 
from the expanded I/M program would not interfere with attainment or 
maintenance of the SO2 NAAQS. The pollution control systems 
for light-duty gasoline vehicles subject to the I/M program are not 
designed to reduce emissions for SO2; therefore, removing 
counties from the program will not have any impact on ambient 
concentrations of SO2. In addition, sulfur content in fuel 
has been significantly decreased through EPA's Tier 2 and Tier 3

[[Page 35451]]

rulemakings which tightened engine standards and required fuel 
formulations contain reduced levels of sulfur. See 65 FR 6698 (February 
10, 2000) and 81 FR 23641 (April 22, 2016). MOVES2014 modeling results 
indicate that removing the 26 counties from the expanded I/M program 
would not increase SO2 emissions. For these reasons, EPA 
proposes to find that removal of the 26 counties from the SIP-approved 
expanded I/M program would not interfere with maintenance of the 2010 
SO2 NAAQS in the State.
vi. Non-Interference Analysis for 2008 Lead NAAQS
    On November 12, 2008 (73 FR 66964), EPA promulgated a revised 
primary and secondary lead NAAQS of 0.15 [micro]g/m\3\. Under EPA's 
regulations at 40 CFR part 50, the 2008 lead NAAQS are met when the 
maximum arithmetic 3-month mean concentration for a 3-year period, as 
determined in accordance with Appendix R of 40 CFR part 50, is less 
than or equal to 0.15 [micro]g/m\3\. See 40 CFR 50.16. On November 8, 
2011, EPA designated the entire State of North Carolina as 
unclassifiable/attainment for that NAAQS. See 76 FR 72907. North 
Carolina's ambient lead levels have remained well below the standard. 
The pollution control systems for light-duty gasoline vehicles subject 
to the I/M program are not designed to reduce emissions for lead; 
therefore, removing counties from the program will not have any impact 
on ambient concentrations of lead. MOVES 2014 modeling results indicate 
that removing 26 counties from the expanded I/M program would not 
increase lead emissions. For these reasons, EPA proposes to find that 
removal of the 26 counties from the SIP-approved expanded I/M program 
would not interfere with maintenance of the 2008 lead NAAQS in the 
State.

IV. Proposed Action

    For the reasons explained above in Section III of this proposed 
rulemaking, EPA is proposing to approve North Carolina's November 17, 
2017, SIP revision. Specifically, EPA is proposing to approve the 
removal of Brunswick, Burke, Caldwell, Carteret, Catawba, Chatham, 
Cleveland, Craven, Edgecombe, Granville, Harnett, Haywood, Henderson, 
Lenoir, Moore, Nash, Orange, Pitt, Robeson, Rutherford, Stanly, Stokes, 
Surry, Wayne, Wilkes, and Wilson counties, from the SIP-approved 
expanded I/M program. Additionally, EPA is proposing to find that North 
Carolina's removal of the 26 counties from the SIP-approved expanded I/
M program (and the removal of reliance on the I/M emissions reductions 
generated from those counties as part of the ``credits'' in North 
Carolina's NOX emissions budget) will not interfere with the 
State's obligations under the NOX SIP Call to meet its 
Statewide NOX emissions budget. In addition, EPA is also 
proposing to find that the removal of the 26 counties from the SIP-
approved expanded I/M program will not interfere with continued 
attainment or maintenance of any applicable NAAQS or with any other 
applicable requirement of the CAA, and that North Carolina has 
satisfied the requirements of section 110(l) of the CAA.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided they meet the criteria of the CAA. This action merely proposes 
to approve state law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: July 16, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-15813 Filed 7-25-18; 8:45 am]
BILLING CODE 6560-50-P



                                                  35444                    Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules

                                                  proposed rule would not result in such                   CONTACT section of this document for                  remaining within the regulated area
                                                  an expenditure, we do discuss the                        alternate instructions.                               unless authorized by the Captain of the
                                                  effects of this rule elsewhere in this                      We accept anonymous comments. All                  Port Jacksonville or a designated
                                                  preamble.                                                comments received will be posted                      representative.
                                                                                                           without change to http://                               (2) Persons and vessels desiring to
                                                  F. Environment
                                                                                                           www.regulations.gov and will include                  enter, transit through, anchor in, or
                                                    We have analyzed this proposed rule                    any personal information you have                     remain within the regulated area may
                                                  under Department of Homeland                             provided. For more about privacy and                  contact the Captain of the Port
                                                  Security Directive 023–01 and                            the docket, visit http://                             Jacksonville by telephone at (904) 714–
                                                  Commandant Instruction M16475.1D,                        www.regulations.gov/privacyNotice.                    7557, or a designated representative via
                                                  which guide the Coast Guard in                              Documents mentioned in this NPRM                   VHF–FM radio on channel 16, to
                                                  complying with the National                              as being available in the docket, and all             request authorization. If authorization is
                                                  Environmental Policy Act of 1969 (42                     public comments, will be in our online                granted, all persons and vessels
                                                  U.S.C. 4321–4370f), and have made a                      docket at http://www.regulations.gov                  receiving such authorization must
                                                  preliminary determination that this                      and can be viewed by following that                   comply with the instructions of the
                                                  action is one of a category of actions that              website’s instructions. Additionally, if              COTP Jacksonville or a designated
                                                  do not individually or cumulatively                      you go to the online docket and sign up               representative
                                                  have a significant effect on the human                   for email alerts, you will be notified                  (3) The Coast Guard will provide
                                                  environment. This proposed rule                          when comments are posted or a final                   notice of the regulated area through
                                                  involves a safety zone lasting nine hours                rule is published.                                    Broadcast Notice to Mariners via VHF–
                                                  daily that would prohibit persons and                                                                          FM channel 16 or by on-scene
                                                  vessels from entering an area of                         List of Subjects in 33 CFR Part 165
                                                                                                                                                                 designated representatives.
                                                  approximately one square mile.                             Harbors, Marine safety, Navigation                    (d) Enforcement period. This section
                                                  Normally such actions are categorically                  (water), Reporting and recordkeeping                  will be enforced daily from 8 a.m. until
                                                  excluded from further review under                       requirements, Security measures,                      5:00 p.m. on October 26, 2018 through
                                                  paragraph L60(a) of Appendix A, Table                    Waterways.                                            October 28, 2018.
                                                  1 of DHS Instruction Manual 023–01–                        For the reasons discussed in the
                                                  001–01, Rev. 01. A preliminary Record                                                                            Dated: July 19, 2018
                                                                                                           preamble, the Coast Guard proposes to
                                                  of Environmental Consideration                                                                                 T.C. Wiemers,
                                                                                                           amend 33 CFR part 165 as follows:
                                                  supporting this determination is                                                                               Captain, U.S. Coast Guard, Captain of the
                                                  available in the docket where indicated                  PART 165—REGULATED NAVIGATION                         Port Jacksonville.
                                                  under ADDRESSES. We seek any                             AREAS AND LIMITED ACCESS AREAS                        [FR Doc. 2018–15975 Filed 7–25–18; 8:45 am]
                                                  comments or information that may lead                                                                          BILLING CODE 9110–04–P
                                                  to the discovery of a significant                        ■ 1. The authority citation for part 165
                                                  environmental impact from this                           continues to read as follows:
                                                  proposed rule.                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           ENVIRONMENTAL PROTECTION
                                                                                                           33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;              AGENCY
                                                  G. Protest Activities                                    Department of Homeland Security Delegation
                                                    The Coast Guard respects the First                     No. 0170.1.                                           40 CFR Part 52
                                                  Amendment rights of protesters.                          ■ 2. Add § 165.T07–0232 to read as                    [EPA–R04–OAR–2018–0020; FRL–9981–
                                                  Protesters are asked to contact the                      follows:                                              24—Region 4]
                                                  person listed in the FOR FURTHER
                                                  INFORMATION CONTACT section to                           § 165.T07–0232 Safety Zone; Blue Angels
                                                                                                                                                                 Air Plan Approval; NC: Inspection and
                                                  coordinate protest activities so that your               Air Show; St. Johns River, Jacksonville, FL.
                                                                                                                                                                 Maintenance Program
                                                  message can be received without                             (a) Location. The following area is a
                                                  jeopardizing the safety or security of                   safety zone: All waters of the St. Johns              AGENCY:  Environmental Protection
                                                  people, places, or vessels.                              River, from surface to bottom,                        Agency (EPA).
                                                                                                           encompassed by a line connecting the                  ACTION: Proposed rule.
                                                  V. Public Participation and Request for                  following points beginning at 30°13′41″
                                                  Comments                                                 N; 081°39′45″ W, thence due east to,                  SUMMARY:   The Environmental Protection
                                                    We view public participation as                        30°13′41″ N; 081°38′35″ W, thence south               Agency (EPA) is proposing to approve a
                                                  essential to effective rulemaking, and                   to 30°14′27″ N; 081°38′35″ W, thence                  State Implementation Plan (SIP)
                                                  will consider all comments and material                  west to 30°14′27″ N; 081°39′45″ W, and                revision submitted by the State of North
                                                  received during the comment period.                      thence along the shore line back to the               Carolina on November 17, 2017, through
                                                  Your comment can help shape the                          beginning point. These coordinates are                the North Carolina Department of
                                                  outcome of this rulemaking. If you                       based on North American Datum 1983.                   Environmental Quality (DEQ), Division
                                                  submit a comment, please include the                        (b) Definitions. As used in this                   of Air Quality (DAQ), for the purpose of
                                                  docket number for this rulemaking,                       section, designated representative                    removing 26 counties from North
                                                  indicate the specific section of this                    means a Coast Guard Patrol                            Carolina’s expanded inspection and
                                                  document to which each comment                           Commander, including a Coast Guard                    maintenance (I/M) program, which was
                                                  applies, and provide a reason for each                   coxswain, petty officer, or other officer             previously approved into the SIP for use
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                                                  suggestion or recommendation.                            operating a Coast Guard vessel and a                  as a component of the State’s Nitrogen
                                                    We encourage you to submit                             Federal, State, and local officer                     Oxides (NOX) Budget and Allowance
                                                  comments through the Federal                             designated by or assisting the Captain of             Trading Program. EPA has evaluated
                                                  eRulemaking Portal at http://                            the Port Jacksonville (COTP) in the                   whether this SIP revision would
                                                  www.regulations.gov. If your material                    enforcement of the safety zone.                       interfere with the requirements of the
                                                  cannot be submitted using http://                           (c) Regulations. (1) All persons and               Clean Air Act (CAA or Act), including
                                                  www.regulations.gov, contact the person                  vessels are prohibited from entering,                 EPA regulations related to statewide
                                                  in the FOR FURTHER INFORMATION                           transiting through, anchoring in, or                  NOX emissions budgets. EPA is


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                                                                           Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules                                                      35445

                                                  proposing to determine that North                        I/M requirements for 26 counties,1 the                  consequently, the removal of reliance on
                                                  Carolina’s November 17, 2017, SIP                        DAQ submitted a SIP revision on                         credits gained from I/M emissions
                                                  revision is consistent with the                          November 17, 2017, seeking to remove                    reductions from the 26 counties in the
                                                  applicable provisions of the CAA.                        these counties from the expanded I/M                    State’s NOX Budget and Allowance
                                                                                                           program which was approved into the                     Trading Program) will not interfere with
                                                  DATES: Written comments must be
                                                                                                           SIP in 2002. The expanded I/M program                   North Carolina’s obligations under the
                                                  received on or before August 27, 2018.
                                                                                                           was approved into the SIP in 2002, for                  NOX SIP Call. This proposed finding is
                                                  ADDRESSES:   Submit your comments,                       the purpose of using NOX emissions                      based on a number of federal rules and
                                                  identified by Docket ID No. EPA–R04–                     reductions generated by this expanded                   SIP-approved State regulations
                                                  OAR–2018–0020 at http://                                 program as a component of the State’s                   promulgated and implemented
                                                  www.regulations.gov. Follow the online                   NOX Budget and Allowance Trading                        subsequent to the 2002 approval of
                                                  instructions for submitting comments.                    Program. See 67 FR 66056 (October 30,                   North Carolina’s NOX SIP Call
                                                  Once submitted, comments cannot be                       2002). The SIP-approved I/M rules,                      submission, which have created
                                                  edited or removed from Regulations.gov.                  which initially required tail-pipe                      significant NOX emissions reductions in
                                                  EPA may publish any comment received                     emissions testing (later replaced by on-                North Carolina such that the credits
                                                  to its public docket. Do not submit                      board diagnostic standards) are                         gained by the 26 counties’ participation
                                                  electronically any information you                       contained within 15A North Carolina                     in the expanded I/M program are no
                                                  consider to be Confidential Business                     Administrative Code (NCAC)                              longer needed in order for North
                                                  Information (CBI) or other information                   Subchapter 2D, Section .1000 ‘‘Motor                    Carolina to meets its NOX SIP Call
                                                  whose disclosure is restricted by statute.               Vehicle Emissions Control Standards.’’                  Statewide NOX emissions budget. North
                                                  Multimedia submissions (audio, video,                    The 2002 SIP-approved amendment of                      Carolina has provided an analysis
                                                  etc.) must be accompanied by a written                   those rules expanded the applicability                  which supports this proposed finding
                                                  comment. The written comment is                          of the I/M program in North Carolina’s                  and which discusses some of these
                                                  considered the official comment and                      SIP from nine counties to 48 counties.                  federal rules and SIP-approved State
                                                  should include discussion of all points                  See 67 FR 66056. The 26 counties which                  regulations.3 See Section III, below.
                                                  you wish to make. EPA will generally                     are the subject of this SIP revision are                   In addition, North Carolina’s SIP
                                                  not consider comments or comment                         part of this expanded list.                             revision evaluates the impact that the
                                                  contents located outside of the primary                     As noted above, the purpose of the                   removal of the I/M program for these 26
                                                  submission (i.e., on the web, cloud, or                  2002 I/M SIP revision was to allow                      counties would have on the State’s
                                                  other file sharing system). For                          North Carolina to gain credits from the                 ability to attain and maintain the
                                                  additional submission methods, the full                  I/M emissions reductions from the 26                    NAAQS. The SIP revision contains a
                                                  EPA public comment policy,                               counties, and other counties on the                     technical demonstration with revised
                                                  information about CBI or multimedia                      expanded list, as part of its NOX Budget                emissions calculations showing that
                                                  submissions, and general guidance on                     and Allowance Trading Program. See 67                   removing the 26 counties from the
                                                  making effective comments, please visit                  FR 66056. North Carolina’s NOX Budget                   expanded I/M program will not interfere
                                                  http://www2.epa.gov/dockets/                             and Allowance Trading Program was                       with North Carolina’s attainment or
                                                  commenting-epa-dockets.                                  submitted to EPA for approval in                        maintenance of any NAAQS or with any
                                                                                                           response to EPA’s regulation entitled                   other applicable requirement of the
                                                  FOR FURTHER INFORMATION CONTACT:                         ‘‘Finding of Significant Contribution                   CAA. As discussed more fully in
                                                  Kelly Sheckler, Air Regulatory                           and Rulemaking for Certain States in the                Section III, below, EPA is proposing to
                                                  Management Section, Air Planning and                     Ozone Transport Assessment Group                        find that North Carolina’s revised
                                                  Implementation Branch, Air, Pesticides                   Region for Purposes of Reducing                         emissions calculations demonstrate that
                                                  and Toxics Management Division, U.S.                     Regional Transport of Ozone,’’                          removing the 26 counties’ participation
                                                  Environmental Protection Agency,                         otherwise known as the NOX SIP Call.                    in the expanded I/M program will not
                                                  Region 4, 61 Forsyth Street SW, Atlanta,                 The I/M emissions reductions from                       interfere with State’s ability to attain or
                                                  Georgia 30303–8960. The telephone                        these 26 counties are not relied upon for               maintain any NAAQS.
                                                  number is (404) 562–9222. Ms. Sheckler                   any other purpose in the North Carolina
                                                  can also be reached via electronic mail                  SIP.2                                                   II. What is the background of North
                                                  at sheckler.kelly@epa.gov.                                  For the reasons discussed more fully                 Carolina’s I/M program and its
                                                                                                           in Section III, below, EPA is proposing                 relationship to the NOX SIP Call and
                                                  SUPPLEMENTARY INFORMATION:     This                                                                              the State’s NOX budget and allowance
                                                  preamble is organized into three parts.                  to find that removal of the 26 counties
                                                                                                           from North Carolina’s SIP-approved                      trading program?
                                                  Section I provides an overview of what
                                                  is being proposed in this SIP revision.                  expanded I/M program (and                                  Under sections 182(b)(4), (c) and (d)
                                                  Section II provides the background of                                                                            of the CAA, I/M programs are required
                                                  North Carolina’s SIP-approved I/M
                                                                                                              1 Under provisions of the State legislation,
                                                                                                                                                                   for areas that are designated as moderate
                                                                                                           Session Law 2017–10, Senate Bill 131, the removal       or above nonattainment for ozone. As a
                                                  program and its relationship to the                      of I/M requirements from the 26 counties is not
                                                  State’s NOX Budget and Allowance                         effective until the later of the following dates:       result, North Carolina has previously
                                                  Trading Program. Section III provides                    October 1, 2017 or the first day of a month that is     submitted, and EPA has previously
                                                  EPA’s analysis of the submittal,                         60 days after the Secretary of the DEQ certifies that   approved into the SIP (in 1995), a CAA-
                                                                                                           EPA has approved the instant SIP revision. The 26       required I/M program for nine
                                                  including information submitted by                       counties are: Brunswick, Burke, Caldwell, Carteret,
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                                                  North Carolina to support a non-                         Catawba, Chatham, Cleveland, Craven, Edgecombe,         counties.4 See 60 FR 28720 (June 2,
                                                  interference demonstration. Section IV                   Granville, Harnett, Haywood, Henderson, Lenoir,
                                                  provides EPA’s proposed action.                          Moore, Nash, Orange, Pitt, Robeson, Rutherford,           3 See Letter from Michael A. Abraczinskas,

                                                                                                           Stanly, Stokes, Surry, Wayne, Wilkes, and Wilson.       Director of the Division of Air Quality for the North
                                                  I. What is being proposed?                                  2 See Section II, below, for a more detailed         Carolina Department of Environmental Quality,
                                                                                                           discussion of the NOX SIP Call and North Carolina’s     dated July 11, 2018. This letter is part of the Docket
                                                    In response to a North Carolina                        EPA-approved response, which includes as an             for this action.
                                                                                                           element, credits gained from emissions reductions         4 The nine counties are Mecklenburg, Wake,
                                                  legislative act signed by the Governor on                resulting from implementation of its SIP-approved       Cabarrus, Durham, Forsyth, Gaston, Guilford,
                                                  May 4, 2017, that removed the State’s                    expanded I/M program.                                                                                Continued




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                                                  35446                    Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules

                                                  1995). Subsequently, North Carolina                      beyond for use in its NOX emissions                      reduction credits derived from the 26
                                                  expanded its State I/M program to cover                  budget. These reduction credits were                     counties’ participation in the expanded
                                                  39 additional counties in order to                       used by the State at the beginning of the                I/M program are no longer needed in
                                                  further improve air quality in the State.5               NOX emissions budget program to allow                    order for North Carolina to meets its
                                                  This expansion included the 26                           for new growth and to help meet the                      Statewide NOX emissions budget. For
                                                  counties at issue in this SIP revision,                  overall budget cap until the affected                    stationary sources, including large
                                                  none of which were required by Section                   stationary sources could install and                     EGUs, these federal rules include CAIR
                                                  182 of the CAA to be included in the                     operate controls needed to meet their                    in 2005 11 and its replacement in 2011,
                                                  I/M program in North Carolina’s SIP.6                    emissions allowances.8 See 67 FR 66056.                  the Cross State Air Pollution Rule
                                                     While none of the 26 counties at issue                EPA approved the August 7, 2002, I/M                     (CSAPR).12 In addition, federal mobile
                                                  in the current action were required by                   SIP revision on October 30, 2002, and                    source-related measures include: The
                                                  the CAA to be included in the I/M                        noted that the revision and EPA’s                        Tier 2 vehicle and fuel standards; 13
                                                  program contained in the SIP, the State                  approval resolved the outstanding                        nonroad spark ignition engines and
                                                  sought to include them in 2002 as part                   issues associated with the State’s NOX                   recreational engine standards; heavy-
                                                  of an expanded I/M program in order to                   SIP Call submittal (which EPA had                        duty gasoline and diesel highway
                                                  use credits from I/M emissions                           proposed for approval on June 24,                        vehicle standards; 14 and large nonroad
                                                  reductions from these counties as a                      2002). See 67 FR 66056; 67 FR 42519.                     diesel engine standards.15 These mobile
                                                  component of the State’s response to                     EPA subsequently approved North                          source measures have resulted in, and
                                                  EPA’s NOX SIP Call. The NOX SIP Call                     Carolina’s NOX SIP Call submittal (i.e.,                 continue to result in, large reductions in
                                                  was designed to mitigate significant                     the North Carolina NOX Budget and                        NOX emissions over time due to fleet
                                                  transport of NOX, one of the precursors                  Allowance Trading Program) on                            turnover (i.e., the replacement of older
                                                  of ozone. It required 19 states (including               December 27, 2002 (67 FR 78987).9 10                     vehicles that predate the standards with
                                                  North Carolina) and the District of                                                                               newer vehicles that meet the standards).
                                                  Columbia to meet statewide NOX                           III. What is EPA’s analysis of North                       In 2002, North Carolina also enacted
                                                  emissions budgets during the five-                       Carolina’s submittal?                                    and subsequently implemented its
                                                  month period from May 1 through                          a. Impact on the State’s NOX SIP Call                    Clean Smokestacks Act (CSA), which
                                                  September 30, called the ozone season                    Obligations
                                                  (or control period).                                        North Carolina’s November 17, 2017,
                                                                                                                                                                      11 CAIR created regional cap-and-trade programs

                                                     In response to the NOX SIP Call,                                                                               to reduce sulfur dioxide (SO2) and NOX emissions
                                                                                                           submittal seeks to remove 26 counties                    in 27 eastern states, including North Carolina, that
                                                  North Carolina made several SIP
                                                                                                           from the expanded I/M program                            contributed to downwind nonattainment or
                                                  submittals to EPA, including one on                                                                               interfered with maintenance of the 1997 8-hour
                                                                                                           contained in the SIP. This removal
                                                  August 7, 2002, to amend its I/M                                                                                  ozone NAAQS or the 1997 PM2.5 NAAQS. CAIR was
                                                                                                           consequently removes reliance on the                     challenged in federal court and in 2008, the United
                                                  program in the SIP so that it expanded
                                                                                                           I/M reduction credits gained from the 26                 States Court of Appeals for the District of Columbia
                                                  application of the SIP-approved I/M
                                                                                                           counties’ participation in the expanded                  (D.C. Circuit) remanded CAIR to EPA without
                                                  rules from nine counties to the 48                                                                                vacatur. North Carolina v. EPA, 550 F.3rd 1176,
                                                                                                           I/M program from the State’s NOX
                                                  counties. As noted above, the purpose of                                                                          1178 (D.C. Cir. 2008).
                                                                                                           emissions budget—a component of the                        12 In response to the D.C. Circuit’s remand of
                                                  this August 7, 2002, SIP revision was to
                                                                                                           State’s response to the NOX SIP Call.                    CAIR, EPA promulgated CSAPR to replace CAIR.
                                                  allow North Carolina to gain credits
                                                                                                           North Carolina has indicated that it no                  CSAPR requires 28 eastern states, including North
                                                  from the emissions reductions                                                                                     Carolina, to limit their statewide emissions of SO2
                                                                                                           longer needs these reduction credits in
                                                  (reduction credits) from the expanded                                                                             and NOX in order to mitigate transported air
                                                                                                           order to meet its obligations under the                  pollution impacting other states’ ability to attain or
                                                  I/M program for use as a component in
                                                                                                           NOX SIP Call. For the following reasons,                 maintain four NAAQS: The 1997 ozone NAAQS,
                                                  its Statewide NOX emissions budget
                                                                                                           EPA is proposing to find that the                        the 1997 annual PM2.5 NAAQS, the 2006 24-hour
                                                  contained within its NOX SIP Call SIP                                                                             PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS.
                                                                                                           removal of the 26 counties from the
                                                  submittal, which was pending before                                                                               The CSAPR emissions limitations are defined in
                                                                                                           expanded I/M program will not interfere                  terms of maximum statewide ‘‘budgets’’ for
                                                  EPA at the time.7 See 67 FR 66056.
                                                                                                           with the State’s obligation under the                    emissions of annual SO2 and NOX, and/or ozone-
                                                  Approval of the I/M revision into the
                                                                                                           NOX SIP Call to meets its Statewide                      season NOX by each covered state’s large EGUs. The
                                                  SIP and the amended rules contained                                                                               CSAPR state budgets are implemented in two
                                                                                                           NOX emissions budget.
                                                  therein allowed North Carolina to gain                      Subsequent to the NOX SIP Call, a                     phases of generally increasing stringency, with
                                                  reduction credits ranging from 914 tons                                                                           Phase I budgets applying to emissions in 2015 and
                                                                                                           number of federal rules, as well as SIP-                 2016 and the Phase 2 budgets applying to emissions
                                                  in 2004 to 4,385 tons in 2007 and                        approved State regulations have created                  in 2017 and later years. CSAPR was challenged in
                                                                                                           significant NOX emissions reductions in                  the D.C. Circuit, and on August 12, 2012, it was
                                                  Union, and Orange. 60 FR 28720 (June 2, 1995).                                                                    vacated and remanded to EPA. The vacatur was
                                                  However, while Orange County was included in             North Carolina (including ozone season                   subsequently reversed by the United States
                                                  this 1995 submittal and EPA approval, it was not         reductions) such that any emissions                      Supreme Court on April 29, 2014. EPA v. EME
                                                  designated as nonattainment for either the ozone or                                                               Homer City Generation, L.P., 134 S.Ct. 1584 (2014).
                                                  carbon monoxide (CO) NAAQS.                                 8 While these reduction credits were primarily        This litigation ultimately delayed implementation
                                                     5 North Carolina Session Law 1999–328, Section
                                                                                                           used to allow for new growth during initial program      of CSAPR for three years.
                                                  3.1(d) and Section 3.8.                                  implementation, a small portion (approximately             13 The Tier 2 standards, begun in 2004, continue
                                                     6 All 26 of the counties subject to this proposed     1,000 tons/ozone season) were also initially used to     to significantly reduce NOX emissions and EPA
                                                  rulemaking were designated ‘‘unclassifiable/             help meet the Statewide NOX emissions budget of          expects that these standards will reduce NOX
                                                  attainment’’ for the 2008 8-hour ozone NAAQS. See        165,022 tons/ozone season. See 67 FR 42519, 42522        emissions from vehicles by approximately 74
                                                  77 FR 30088. Five (or portions thereof) of the 26        (June 24, 2002).                                         percent by 2030 (or nearly 3 million tons annually
                                                  counties (i.e., Chatham, Edgecombe, Haywood                                                                       by 2030). See 80 FR 44873, 44876 (July 28, 2015)
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                                                                                                              9 Further discussion of the NO SIP Call
                                                                                                                                             X
                                                  (partial), Nash, and Orange) were previously             submittal appears in Section III. In addition, details   (citing EPA, Regulatory Announcement, EPA 420–
                                                  designated nonattainment for the 1997 8-hour             of North Carolina’s EPA-approved NOX SIP Call            F–99–051 (December 1999).
                                                  ozone standard but have since been redesignated to       submittal can be found in the proposed rulemaking          14 Also begun in 2004, implementation of this

                                                  attainment. The remaining 21 counties were               for that approval. See 67 FR 42519 (June 24, 2002).      rule is expected to achieve a 95 percent reduction
                                                  originally designated unclassifiable/attainment for         10 EPA also approved changes to North Carolina’s      in NOX emissions from diesel trucks and buses by
                                                  the 1997 8-hour ozone NAAQS and have continued           I/M SIP on November 20, 2014. See 79 FR 69051.           2030. See 80 FR 44873, 44876 (July 28, 2015).
                                                  to attain the standard.                                  Those changes repealed the regulations pertaining          15 EPA estimated that compliance with this rule
                                                     7 North Carolina’s Statewide NO emissions             to the tail-pipe emissions test because this test was    will cut NOX emissions from non-road diesel
                                                                                       X
                                                  budget is 165,022 tons per ozone season. See 40          obsolete and replaced it with the On-Board               engines by up to 90 percent nationwide. See 80 FR
                                                  CFR 51.121(g)(2)(ii).                                    Diagnostics emissions test.                              44873, 44876 (July 28, 2015).



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                                                                                    Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules                                                                                          35447

                                                  created system-wide annual emissions                                        purchase of NOX credits to meet the                                         well below the original NOX SIP Call
                                                  caps on actual emissions of NOX and                                         caps, the CSA reduced NOX emissions                                         budget. This last point is illustrated in
                                                  SO2 from coal-fired power plants within                                     beyond the requirements of the NOX SIP                                      Table 1, which compares the EGU NOX
                                                  the State, the first of which became                                        Call even though the Act did not limit                                      SIP Call budget to actual emissions in
                                                  effective in 2007. The CSA required                                         emissions only during the ozone season.                                     2007 and 2017. Actual EGU emissions
                                                  certain coal-fired power plants in North                                    EPA approved the CSA into North                                             in 2007 and 2017 were 23 percent (7,274
                                                  Carolina to significantly reduce annual                                     Carolina’s SIP on September 26, 2011                                        tons) and 60 percent (18,906 tons) below
                                                  NOX emissions by 189,000 tons (or 77                                        (76 FR 59250).                                                              the NOX SIP Call budget for EGUs,
                                                                                                                                Together, implementation of these
                                                  percent) by 2009 (using a 1998 baseline                                                                                                                 respectively. Notably, the entirety of the
                                                                                                                              federal rules and SIP-approved State
                                                  year). This represented about a one-                                                                                                                    emissions reduction credits from the
                                                                                                                              regulations have created significant NOX
                                                  third reduction of the NOX emissions                                        emissions reductions since North                                            expanded I/M program (and used by the
                                                  from all sources in North Carolina. See                                     Carolina’s NOX emissions budget was                                         State in its NOX emissions budget) only
                                                  76 FR 36468, 36470 (June 11, 2011).16                                       approved into the SIP in 2002, and for                                      totaled 4,385 tons, of which
                                                  With the requirement to meet annual                                         EGUs in particular, have significantly                                      approximately 1,000 tons was initially
                                                  emissions caps and disallowing the                                          reduced ozone season NOX emissions                                          needed to meet the overall budget.

                                                                  TABLE 1—COMPARISON OF OZONE SEASON NOX SIP CALL BUDGET TO ACTUAL EMISSIONS FOR EGUS
                                                                                                                                                                                                                                        2007               2017

                                                  NOX SIP Call Budget, Tons 17 .................................................................................................................................                             31,451          31,451
                                                  Actual Emissions, Tons ...........................................................................................................................................                         24,177          12,545
                                                  Below Budget, Tons ................................................................................................................................................                         7,274          18,906
                                                  Below Budget, Percent ............................................................................................................................................                             23              60



                                                    Table 2 compares the impact of the                                        expanded I/M program will increase                                          budget for EGUs.18 Thus, based on this
                                                  estimated ozone season NOX emissions                                        ozone season NOX emissions by 611                                           EGU-focused analysis, the DAQ
                                                  increases due to the proposed change to                                     tons. As noted above, in 2017, EGU                                          concludes that the ozone season NOX
                                                  the expanded I/M program on EGU                                             emissions were 18,906 tons (60 percent)                                     emissions increase associated with the
                                                  reductions and NOX SIP Call I/M                                             below the NOX SIP Call budget for                                           proposed change to the expanded I/M
                                                  reduction credits. Using EPA’s Motor                                        EGUs. The proposed change to the                                            program has no impact on North
                                                  Vehicle Emission Simulator                                                  expanded I&M program would lower the                                        Carolina’s obligations under the NOX
                                                  (MOVES2014), the DAQ estimates that                                         EGU reduction by about 3 percent to                                         SIP call to meet its Statewide NOX
                                                  removing the 26 counties from the                                           18,295 tons below the NOX SIP Call                                          emissions budget.

                                                   TABLE 2—IMPACT OF NOX EMISSIONS INCREASES DUE TO PROPOSED CHANGES TO I/M PROGRAM ON EGU REDUCTIONS
                                                                                       AND NOX SIP CALL I/M CREDITS

                                                                                                                       I/M Emissions Increase in 2018, Tons

                                                  26 Counties ..........................................................................................................................................................................................        611
                                                  22 Counties ..........................................................................................................................................................................................        311
                                                  48 County Total I/M Increase ..............................................................................................................................................................                   922
                                                  EGU Reduction in 2017 (from Table 1) ..............................................................................................................................................                        18,906
                                                  Net EGU Reduction in 2017 including I/M Increase ...........................................................................................................................                               17,984



                                                    In light of the above, EPA is proposing                                   particular those impacting EGUs, have                                       concerning attainment and reasonable
                                                  to find that North Carolina’s removal of                                    created significant NOX emissions                                           further progress (as defined in section
                                                  the 26 counties from the expanded I/M                                       reductions in the State that are more                                       171), or any other applicable
                                                  program contained in its SIP (and the                                       than sufficient to offset the need for                                      requirement of the CAA. EPA evaluates
                                                  use of I/M emissions reductions                                             North Carolina’s reliance on the I/M                                        section 110(l) non-interference
                                                  generated from those counties as part of                                    reduction credits from the 26 counties                                      demonstrations on a case-by-case basis
                                                  the reduction credits in the State’s NOX                                    in order to meet its Statewide NOX                                          considering the circumstances of each
                                                  emissions budget) will not interfere                                        emissions budget.                                                           SIP revision. EPA interprets section
                                                  with the State’s obligations under the                                      b. Overall Preliminary Conclusions                                          110(l) as applying to all NAAQS that are
                                                  NOX SIP Call to meet its Statewide NOX                                      Regarding North Carolina’s Non-                                             in effect, including those that have been
                                                  emissions budget. Subsequent                                                Interference Analyses                                                       promulgated but for which EPA has not
                                                  promulgation and implementation of a                                           Section 110(l) of the CAA requires                                       yet made designations. The degree of
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                                                  number of federal rules and SIP-                                            that a revision to the SIP not interfere                                    analysis focused on any particular
                                                  approved State regulations, and in                                          with any applicable requirement                                             NAAQS in a non-interference

                                                    16 North Carolina indicates that the utilities have                         17 From EPA’s proposed approval of North                                  the vehicle model year coverage for the 22 counties
                                                  reduced NOX emissions by 83 percent relative to                             Carolina’s NOX SIP Call submission. See 67 FR                               remaining in the expanded I/M program. This SIP
                                                  the 1998 emissions levels. See Letter from Michael                          42519 (June 24, 2002).                                                      submittal has not yet been made to EPA and the
                                                  A. Abraczinskas, Director of the Division of Air                              18 Table 2 also reflects DAQ’s anticipated SIP                            current action does not, and is not intended to,
                                                  Quality for the North Carolina Department of
                                                                                                                              submittal which will request EPA approval to revise                         address it.
                                                  Environmental Quality, dated July 11, 2018.



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                                                  35448                               Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules

                                                  demonstration varies depending on the                                 health and the environment. See 73 FR                   monitors. The design values in part per
                                                  nature of the emissions associated with                               16436 (March 27, 2008). The 2008 ozone                  billion (ppb) are all well below the
                                                  the proposed SIP revision. For I/M SIP                                NAAQS retains the same general form                     ozone NAAQS (see Table 3).
                                                  revisions, the most relevant pollutants                               and averaging time as the 0.08 ppm
                                                  to consider are ozone precursors (i.e.,                               NAAQS set in 1997, but is set at a more                  TABLE 3—DESIGN VALUES FOR COUN-
                                                  NOX and volatile organic compounds                                    protective level. Under EPA’s                             TIES TO BE REMOVED WITH OZONE
                                                  (VOC) and CO. In connection with this                                 regulations at 40 CFR part 50, the 2008                   MONITORS
                                                  November 17, 2017, SIP revision, North                                8-hour ozone NAAQS is attained when
                                                  Carolina submitted a non-interference                                 the 3-year average of the annual fourth                                                                    Ozone design
                                                                                                                                                                                 Counties to be removed that
                                                  demonstration, which EPA analyzes                                     highest daily maximum 8-hour average                                                                        value, ppb
                                                                                                                                                                                    have ozone monitors
                                                  below.                                                                ambient air quality ozone                                                                                  (2014–1016)
                                                    As mentioned above, North Carolina’s                                concentrations is less than or equal to                 Caldwell ................................                      64
                                                  November 17, 2017, SIP revision                                       0.075 ppm. See 40 CFR 50.15. On                         Carteret .................................                     60
                                                  included a non-interference                                           October 26, 2015, EPA published a final                 Edgecombe ...........................                          62
                                                  demonstration to support the State’s                                  rule lowering the level of the 8-hour                   Granville ................................                     64
                                                  request to remove the 26 counties from                                ozone NAAQS to 0.070 ppm. See 80 FR                     Haywood ...............................                        66
                                                  North Carolina’s SIP-approved                                         65292.                                                  Lenoir ....................................                    63
                                                  expanded I/M program. This                                               North Carolina is currently designated               Pitt .........................................                 62
                                                  demonstration includes an evaluation of                               attainment statewide for the all of the
                                                  the impact that the removal of the I/M                                ozone NAAQS. In summary, on                               DAQ’s noninterference analysis
                                                  program for these counties would have                                 November 6, 2017, EPA designated the                    utilized EPA’s MOVES2014 emission
                                                  on North Carolina’s ability to attain or                              entire state of North Carolina                          modeling system to estimate emissions
                                                  maintain any NAAQS in the State.                                      attainment/unclassifiable for the 2015 8-               for mobile sources. By 2018, the NOX
                                                  Based on the analysis below EPA is                                    hour ozone NAAQS. See 82 FR 54232.                      emissions reduction resulting from the
                                                  proposing to find that removal of the 26                              Additionally, all 26 of the counties                    North Carolina I/M program will be 0.25
                                                  counties from the expanded I/M                                        subject to this proposed rulemaking                     ton per day (tpd) or less in each of the
                                                  program meets the requirements of CAA                                 were designated ‘‘unclassifiable/                       26 counties that are being requested for
                                                  Section 110(l) and will not interfere                                 attainment’’ for the 2008 8-hour ozone                  removal from the I/M program. As
                                                  with attainment or maintenance of any                                 NAAQS. See 77 FR 30088. Five (or                        summarized in Tables 4 and 5, below,
                                                  NAAQS in North Carolina.19                                            portions thereof) of the 26                             the MOVES model predicted emission
                                                                                                                        aforementioned counties (i.e., Chatham,                 increases for only on-road vehicles. The
                                                  i. Non-Interference Analysis for the                                  Edgecombe, Haywood (partial), Nash,                     results for 2018 show a slight increase
                                                  Ozone NAAQS                                                           and Orange) were previously designated                  in anthropogenic NOX emissions for
                                                    On July 18, 1997, EPA promulgated a                                 nonattainment for the 1997 8-hour                       each county, as shown in Table 4,
                                                  revised 8-hour ozone standard of 0.08                                 ozone standard but have since been                      ranging from 0.08 to 0.25 tpd. The
                                                  parts per million (ppm). This standard                                redesignated to attainment. The                         present increase in total NOX emissions
                                                  was more stringent than the 1-hour                                    remaining 21 counties were originally                   for a county ranges from 0.4 percent to
                                                  ozone standard that was promulgated in                                designated unclassifiable/attainment for                4.6 percent. The total increase in NOX
                                                  1979. On March 12, 2008, EPA revised                                  the 1997 8-hour ozone NAAQS and                         emissions associated with removing all
                                                  both the primary and secondary NAAQS                                  have continued to attain the standard.                  26 counties from the I/M program in
                                                  for ozone to a level of 0.075 ppm to                                     Only seven of the 26 counties to be                  2018 is 3.97 tpd 20 or 1.9 percent of total
                                                  provide increased protection of public                                removed from the program have ozone                     man-made emissions (205 tpd).
                                                                                            TABLE 4—TOTAL ANTHROPOGENIC NOX EMISSIONS FOR 2018 FOR 26 COUNTIES
                                                                                                                                                [tpd]

                                                                                                        On-road                      Non-road                    Point                Area                                  Totals
                                                    Counties to be removed                                          Emission                                                                                                            Emissions
                                                                                              I/M        No I/M                   I/M       No I/M        I/M        No I/M     I/M        No I/M            I/M          No I/M
                                                                                                                    increase                                                                                                             increase

                                                  Brunswick ..........................          2.4          2.6         0.18        4.9        4.9         6.4           6.4     0.5            0.5           14.3              14.5         0.18
                                                  Burke .................................       2.7          2.9         0.17        0.6        0.6         0.2           0.2    0.23           0.23            3.8               3.9         0.17
                                                  Caldwell .............................        2.1          2.2         0.15        0.5        0.5         0.3           0.3    0.29           0.29            3.2               3.4         0.15
                                                  Carteret .............................        1.1          1.2         0.10        5.4        5.4         0.1           0.1     0.3            0.3            6.9               7.0         0.10
                                                  Catawba ............................          3.2          3.5         0.25        1.4        1.4        35.5          35.5     0.6            0.6           40.9              41.2         0.25
                                                  Chatham ............................          1.8          2.2         0.14        0.6        0.6         1.5           1.5     0.2            0.2            4.5               4.6         0.14
                                                  Cleveland ..........................          1.0          3.4         0.20        0.9        0.9         9.3           9.3     0.2            0.2           13.5              13.7         0.20
                                                  Craven ...............................        2.1          1.9         0.13        0.8        0.8         5.3           5.3     0.3            0.3            8.2               8.3         0.13
                                                  Edgecombe .......................             2.4          1.1         0.08        0.8        0.8         3.4           3.4     0.2            0.2            5.5               5.6         0.08
                                                  Granville ............................        3.0          2.2         0.11        0.6        0.6         0.1           0.1     0.1            0.1            3.0               3.1         0.11
                                                  Harnett ...............................       2.4          2.6         0.16        0.8        0.8        0.07          0.07     0.4            0.4            3.7               3.9         0.16
                                                  Haywood ...........................           3.0          3.2         0.16        0.4        0.4        8.14          8.14     0.3            0.3           11.9              12.0         0.16
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                                                     19 EPA also notes, as a transport related matter,                  determine whether individual states contribute          conducted for the CSAPR Update. See 82 FR 46134.
                                                  that on October 26, 2016, it determined through the                   significantly or not to nonattainment or                Also, most recently, EPA conducted modeling for
                                                  CSAPR Update (81 FR 74504) that North Carolina                        maintenance in other states. On December 9, 2015,       the 2015 ozone NAAQS. That modeling
                                                  did not contribute to nonattainment or maintenance                    North Carolina provided a SIP revision addressing       preliminarily indicates that North Carolina does not
                                                  issues in downwind states for the 2008 8-hour                         ozone transport requirements for the 2008 8-hour
                                                                                                                                                                                contribute to nonattainment or interfere with
                                                  ozone NAAQS. The 2016 CSAPR Update provides                           ozone standards and made the determination that
                                                  technical and related analysis to assist states with                  the State did not contribute to nonattainment or        maintenance issues in any other state for that
                                                  meeting the good neighbor requirements of the CAA                     maintenance issues in any other state. EPA              standard.
                                                                                                                                                                                  20 3.97 tpd multiplied by 154 days in the ozone
                                                  for the 2008 ozone NAAQS. Specifically, the                           approved North Carolina’s submission on October
                                                  CSAPR Update includes projection modeling to                          4, 2017, with the consideration of EPA’s modeling       season equals 611 tons per ozone season.



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                                                                                        Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules                                                                         35449

                                                                               TABLE 4—TOTAL ANTHROPOGENIC NOX EMISSIONS FOR 2018 FOR 26 COUNTIES—Continued
                                                                                                                                                       [tpd]

                                                                                                            On-road                      Non-road                       Point                        Area                          Totals
                                                    Counties to be removed                                               Emission                                                                                                             Emissions
                                                                                                 I/M        No I/M                    I/M         No I/M          I/M          No I/M         I/M         No I/M       I/M        No I/M
                                                                                                                         increase                                                                                                              increase

                                                  Henderson .........................              2.4          2.6          0.17         0.8           0.8          0.2           0.2            0.4           0.4      3.9          4.1           0.17
                                                  Lenoir ................................          1.3          1.4          0.10         0.5           0.5          0.2           0.2            0.3           0.3      2.4          2.5           0.10
                                                  Moore ................................           1.9            2          0.14         0.7           0.7          0.1           0.1            0.4           0.4      3.2          3.3           0.14
                                                  Nash ..................................          3.2          3.4          0.19         1.1           1.1          0.5           0.5            0.5           0.5      5.5          5.7           0.19
                                                  Orange ..............................            4.0          4.2          0.21         1.0           1.0          0.5           0.5            0.5           0.5      6.2          6.4           0.21
                                                  Pitt .....................................       2.4          2.6          0.19         1.3           1.3          0.4           0.4            0.7           0.7      4.9          5.1           0.19
                                                  Robeson ............................             4.2          4.5          0.25         2.0           2.0          1.5           1.5            0.5           0.5      8.4          8.6           0.21
                                                  Rutherford .........................             1.6          1.7          0.11         1.1           1.1          0.3           0.3            0.2           0.2      3.3          3.4           0.11
                                                  Stanly ................................          1.6          1.7          0.11         0.6           0.6          0.5           0.5            0.2           0.2      2.9          3.1           0.11
                                                  Stokes ...............................           1.2          1.2          0.08         0.3           0.3         20.2          20.2            0.1           0.1     21.9         22.0           0.08
                                                  Surry ..................................         2.8            3          0.17         0.6           0.6          0.1           0.1            0.3           0.3      4.0          4.1           0.17
                                                  Wayne ...............................            2.2          2.3          0.16         1.0           1.0          5.5           5.5            0.6           0.6      9.3          9.5           0.16
                                                  Wilkes ................................          2.0          2.2          0.13         0.4           0.4          0.7           0.7            0.2           0.2      3.5          3.6           0.13
                                                  Wilson ................................          2.1          2.3          0.13         1.5           1.5          1.3           1.3            0.3           0.3      5.3          5.5           0.13

                                                        Total ...........................              61           65       3.97           31          31           130           130            9.5           9.5      205         209            3.97


                                                                                               TABLE 5—TOTAL ANTHROPOGENIC VOC EMISSIONS FOR 2018 FOR 26 COUNTIES
                                                                                                                                                       [tpd]

                                                                                                            On-road                      Non-road                       Point                        Area                          Totals
                                                    Counties to be removed                                               Emission                                                                                                             Emissions
                                                                                                 I/M        No I/M                    I/M         No I/M          I/M          No I/M         I/M         No I/M       I/M        No I/M
                                                                                                                         increase                                                                                                              increase

                                                  Brunswick ..........................             1.6          1.8          0.14         1.7           1.7          2.6           2.6           3.5           3.5       9.5          9.2           0.14
                                                  Burke .................................          1.8          1.9          0.14         0.4           0.4          1.7           1.7           3.4           3.4       7.4          7.5           0.14
                                                  Caldwell .............................           1.7          1.8          0.13         0.7           0.7          3.0           3.0           4.4           4.4       9.9           10           0.13
                                                  Carteret .............................           1.0          1.1          0.10         5.6           5.6          .23           .23           1.8           1.8       8.7          8.8           0.10
                                                  Catawba ............................             2.6          2.8          0.22         1.3           1.3          4.9           4.9          12.8          12.8      21.7         21.9           0.22
                                                  Chatham ............................             1.3          1.4          0.11         0.5           0.5          2.2           2.2           1.7           1.7       5.9          6.0           0.11
                                                  Cleveland ..........................             2.0          2.1          0.16         0.6           0.6          0.4           0.4           3.9           3.9       7.0          7.2           0.16
                                                  Craven ...............................           1.3          1.4          0.10         1.0           1.0          3.1           3.1           3.1           3.6       8.8          8.9           0.11
                                                  Edgecombe .......................                0.7          0.8          0.07         0.3           0.3          0.2           0.2           2.6           2.6       4.0          4.1           0.07
                                                  Granville ............................           1.1          1.2          0.08         0.4           0.4          0.8           0.8           1.6           1.6       4.1          4.2           0.08
                                                  Harnett ...............................          1.7          1.9          0.14         0.6           0.6          0.2           0.2           3.7           3.7       6.5          6.6           0.14
                                                  Haywood ...........................              1.4          1.6          0.11         1.2           1.2          4.6           4.6           1.6           1.6       8.9          9.0           0.11
                                                  Henderson .........................              1.7          1.8          0.14         2.8           2.8          0.9           0.9           3.7           3.7       9.3          9.4           0.14
                                                  Lenoir ................................          0.9          1.0          0.08         0.5           0.5          0.9           0.9           3.8           3.8       5.4          5.5           0.08
                                                  Moore ................................           1.6          1.7          0.13         0.7           0.7         0.07          0.07           2.7           2.7       5.1          5.2           0.13
                                                  Nash ..................................          1.7          1.8          0.14         0.5           0.5          0.6           0.6           4.3           4.3       7.3          7.2           0.14
                                                  Orange ..............................            2.0          2.1          0.16         1.6           1.6          0.4           0.4           3.0           3.0       7.2          7.4           0.16
                                                  Pitt .....................................       1.8          2.0          0.17         0.8           0.8          1.6           1.6           5.4           5.4       9.8           10           0.17
                                                  Robeson ............................             2.2          2.4          0.18         0.5           0.5          0.7           0.7           5.4           5.4       9.0          9.3           0.19
                                                  Rutherford .........................             1.3          1.4          0.10         0.7           0.7          0.4           0.4           2.2           2.2       4.6          4.7           0.10
                                                  Stanly ................................          1.2          1.3          0.10         0.8           0.8          1.1           1.1           2.5           2.5       5.8          5.9           0.10
                                                  Stokes ...............................           0.9          1.0          0.08         0.4           0.4          0.5           0.5           1.3           1.3       3.4          3.4           0.08
                                                  Surry ..................................         1.7          1.8          0.17         0.8           0.8          1.2           1.2           3.4           3.4       7.2          7.3           0.13
                                                  Wayne ...............................            1.7          1.8          0.14         0.7           0.7          1.4           1.4           4.8           4.8       8.7          8.8           0.14
                                                  Wilkes ................................          1.5          1.6          0.12         0.5           0.5          1.9           1.9           2.7           2.7       6.8          6.9           0.12
                                                  Wilson ................................          1.2          1.4          0.11         0.7           0.7          1.4           1.4           3.3           3.3       6.8         6.97           0.11

                                                        Total ...........................              40           44       3.97       27.5          27.5              38          38              93          93       199         203            3.29



                                                    As shown in Table 6 below, total NOX                                    tpd (2.4 percent) and 3.3 tpd (2.8
                                                  and VOC emissions would increase 4.0                                      percent), respectively.

                                                     TABLE 6—SUMMARY OF ON-ROAD NOX AND VOC EMISSIONS INCREASES ASSOCIATED WITH REMOVING 26 COUNTIES
                                                                                         FROM THE I/M PROGRAM
                                                                                                                                                                                                                         NOX                   VOC
                                                                                                                                                                                                                      emissions             emissions
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                                                                                                                                                                                                                       in 2018               in 2018

                                                  Total On-Road Emissions for 48 Counties in Current I/M Program .......................................................................                                     168.0                117.6
                                                  Total On-Road Emissions after Removing 26 of 48 Counties from I/M Program ..................................................                                               172.0                120.9
                                                  Emissions Increases (TPD) .....................................................................................................................................              3.9                  3.3
                                                  Emissions Increases (% of Total On-Road Emissions for 48 Counties) ................................................................                                          2.4                  2.8




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                                                  35450                    Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules

                                                     Given the results of North Carolina’s                 the expanded I/M program would not                    County) to 4.3 tpd (Robeson County) in
                                                  emissions analysis, EPA proposes to                      increase PM2.5 emissions. EPA has                     2018. This increase is minimal and is
                                                  find that removal of the 26 counties                     evaluated the State’s analysis and                    not expected to interfere with continued
                                                  from the SIP-approved expanded I/M                       proposes to find that removal of the 26               attainment of the CO NAAQS in any of
                                                  program would not interfere with                         counties from the SIP-approved                        the 26 counties or adjacent counties.
                                                  maintenance of the ozone NAAQS in                        expanded I/M program would not                        Statewide, the current ambient air
                                                  the State.                                               interfere with maintenance of the PM2.5               quality levels for CO are less than 20
                                                                                                           NAAQS in the State.                                   percent of the CO NAAQS. For these
                                                  ii. Non-Interference Analysis for the
                                                                                                                                                                 reasons, EPA proposes to find that
                                                  Fine Particulate Matter (PM2.5) NAAQS                    iii. Non-Interference Analysis for the
                                                                                                                                                                 removal of the 26 counties from the SIP-
                                                     Over the course of several years, EPA                 2010 Nitrogen Dioxide (NO2) NAAQS
                                                                                                                                                                 approved expanded I/M program would
                                                  has reviewed and revised the PM2.5                          The 2010 NO2 1-hour standard is set                not interfere with maintenance of the
                                                  NAAQS a number of times. On July 16,                     at 100 ppb, based on the 3-year average               CO NAAQS in the State.
                                                  1997, EPA established an annual PM2.5                    of the 98th percentile of the yearly
                                                  NAAQS of 15.0 micrograms per cubic                       distribution of 1-hour daily maximum                  v. Non-Interference Analysis for the SO2
                                                  meter (mg/m3), based on a 3-year average                 concentrations. The annual standard of                NAAQS
                                                  of annual mean PM2.5 concentrations,                     53 ppb is based on the annual mean                       On June 22, 2010 (75 FR 35520), EPA
                                                  and a 24-hour PM2.5 NAAQS of 65 mg/                      concentration. On February 17, 2012,                  revised the 1-hour SO2 NAAQS to 75
                                                  m3, and based on a 3-year average of the                 EPA designated all counties in North                  ppb which became effective on August
                                                  98th percentile of 24-hour                               Carolina as unclassifiable/attainment for             23, 2010. On August 5, 2013 (78 FR
                                                  concentrations. See 62 FR 36852 (July                    the 2010 NO2 NAAQS. See 77 FR 9532.                   47191), EPA initially designated
                                                  18, 1997). On September 21, 2006, EPA                       Based on the technical analysis in                 nonattainment only in areas with
                                                  retained the 1997 Annual PM2.5 NAAQS                     North Carolina’s November 17, 2017,                   violating 2009–2011 monitoring data.
                                                  of 15.0 mg/m3 but revised the 24-hour                    SIP revision, the projected increase in               EPA did not designate any county in
                                                  PM2.5 NAAQS to 35 mg/m3, based again                     total anthropogenic NOX emissions (of                 North Carolina for the 2010 1-hour SO2
                                                  on a 3-year average of the 98th                          which NO2 is a component) associated                  NAAQS as part of the initial
                                                  percentile of 24-hour concentrations.                    with the removal of the 26 counties                   designation. On March 2, 2015, a
                                                  See 71 FR 61144 (October 17, 2006). On                   from the expanded I/M program ranges                  Consent Decree was issued by the
                                                  December 14, 2012, EPA retained the                      from 0.08 to 0.25 tpd in 2018. All NO2                United States District Court for the
                                                  2006 24-hour PM2.5 NAAQS of 35 mg/m3                     monitors in the State are measuring                   Northern District of California
                                                  but revised the annual primary PM2.5                     below the annual NO2 standard, and all                stipulating the time and method for
                                                  NAAQS to 12.0 mg/m3, based again on                      near road monitors are measuring well                 designating the remaining areas in the
                                                  a 3-year average of annual mean PM2.5                    below the 1-hour NO2 standard. Given                  Country.21 For North Carolina, EPA
                                                  concentrations. See 78 FR 3086 (January                  the current unclassifiable/attainment                 designated the entire state attainment/
                                                  15, 2013).                                               designation and the results of North                  unclassifiable for SO2 (pursuant to a
                                                     EPA promulgated designations for the                  Carolina’s emissions analysis which                   consent decree) on December 21, 2017
                                                  1997 Annual PM2.5 NAAQS on January                       show a de minimis increase, EPA                       (effective April 9, 2018 https://
                                                  5, 2005 (70 FR 944), and April 14, 2005                  proposes to find that removal of the 26               www.gpo.gov/fdsys/pkg/FR-2018-01-09/
                                                  (70 FR 19844). Of the 26 counties                        counties from the SIP-approved                        pdf/2017-28423.pdf) except for the
                                                  subject to this rulemaking, only Catawba                 expanded I/M program would not                        following townships/counties:
                                                  County was designated nonattainment                      interfere with maintenance of the 2010                Beaverdam Township (Haywood
                                                  for the 1997 Annual PM2.5 NAAQS. This                    NO2 NAAQS in the State.                               County); Limestone Township
                                                  Area has since been redesignated to                                                                            (Buncombe County); and Cunningham
                                                  attainment for the 1997 Annual PM2.5                     iv. Non-Interference Analysis for the CO
                                                                                                           NAAQS                                                 Township (Person County). Counties
                                                  NAAQS and continues to attain this                                                                             listed above deployed monitors which
                                                  NAAQS. See 76 FR 71452 (November                           EPA promulgated the CO NAAQS in                     EPA intends to designate by December
                                                  18, 2011). On November 13, 2009, and                     1971 and has retained the standards                   2020. Also, a portion of Brunswick
                                                  on January 15, 2015, EPA published                       since its last review of the standard in              County was designated unclassifiable
                                                  notices determining that the entire state                2011. The primary NAAQS for CO                        effective in August 2016.
                                                  of North Carolina was unclassifiable/                    include: (1) An 8-hour standard of 9.0                   Based on the technical analysis in
                                                  attainment for the 2006 daily PM2.5                      ppm, measured using the annual second                 North Carolina’s November 17, 2017,
                                                  NAAQS and the 2012 Annual PM2.5                          highest 8-hour concentration for two                  SIP revision, the State concluded that
                                                  NAAQS, respectively. See 71 FR 61144                     consecutive years as the design value;                removal of the 26 counties from the
                                                  and 78 FR 3086.                                          and (2) a 1-hour average of 35 ppm,                   expanded I/M program would not
                                                     In North Carolina’s November 17,                      using the second highest 1-hour average               interfere with attainment or
                                                  2017, SIP revision, the State concluded                  within a given year. The 26 counties                  maintenance of the SO2 NAAQS. The
                                                  that the removal of the 26 counties from                 subject to this proposed action have                  pollution control systems for light-duty
                                                  the expanded I/M program would not                       always been unclassifiable/attainment                 gasoline vehicles subject to the I/M
                                                  interfere with attainment or                             for the CO NAAQS.                                     program are not designed to reduce
                                                  maintenance of the PM2.5 NAAQS. The                        In North Carolina’s November 17,
                                                                                                                                                                 emissions for SO2; therefore, removing
                                                  pollution control systems for light-duty                 2017, SIP revision, the State concluded
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                                                                                                                                                                 counties from the program will not have
                                                  gasoline vehicles subject to the I/M                     that the removal of the 26 counties from
                                                                                                                                                                 any impact on ambient concentrations
                                                  program are not designed to reduce                       the expanded I/M program would not
                                                                                                                                                                 of SO2. In addition, sulfur content in
                                                  emissions for PM2.5; therefore, removing                 interfere with attainment or
                                                                                                                                                                 fuel has been significantly decreased
                                                  counties from the program will not have                  maintenance of the CO NAAQS.
                                                                                                                                                                 through EPA’s Tier 2 and Tier 3
                                                  any impact on ambient concentrations                     MOVES2014 mobile emissions
                                                  of PM2.5 NAAQS. In addition,                             modeling results show a slight increase                 21 Copy of the Consent Decree—http://
                                                  MOVES2014 modeling results indicate                      in CO emissions for each of the 26                    www.epa.gov/so2designations/pdfs/201503Final
                                                  that removing these 26 counties from                     counties ranging from 1.0 tpd (Stakes                 CourtOrder.pdf.



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                                                                           Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules                                                35451

                                                  rulemakings which tightened engine                       reductions generated from those                         • is not subject to requirements of
                                                  standards and required fuel                              counties as part of the ‘‘credits’’ in                Section 12(d) of the National
                                                  formulations contain reduced levels of                   North Carolina’s NOX emissions budget)                Technology Transfer and Advancement
                                                  sulfur. See 65 FR 6698 (February 10,                     will not interfere with the State’s                   Act of 1995 (15 U.S.C. 272 note) because
                                                  2000) and 81 FR 23641 (April 22, 2016).                  obligations under the NOX SIP Call to                 application of those requirements would
                                                  MOVES2014 modeling results indicate                      meet its Statewide NOX emissions                      be inconsistent with the CAA; and
                                                  that removing the 26 counties from the                   budget. In addition, EPA is also                        • does not provide EPA with the
                                                  expanded I/M program would not                           proposing to find that the removal of the             discretionary authority to address, as
                                                  increase SO2 emissions. For these                        26 counties from the SIP-approved                     appropriate, disproportionate human
                                                  reasons, EPA proposes to find that                       expanded I/M program will not interfere               health or environmental effects, using
                                                  removal of the 26 counties from the SIP-                 with continued attainment or                          practicable and legally permissible
                                                  approved expanded I/M program would                      maintenance of any applicable NAAQS                   methods, under Executive Order 12898
                                                  not interfere with maintenance of the                    or with any other applicable                          (59 FR 7629, February 16, 1994).
                                                  2010 SO2 NAAQS in the State.                             requirement of the CAA, and that North                  The SIP is not approved to apply on
                                                  vi. Non-Interference Analysis for 2008                   Carolina has satisfied the requirements               any Indian reservation land or in any
                                                  Lead NAAQS                                               of section 110(l) of the CAA.                         other area where EPA or an Indian tribe
                                                                                                                                                                 has demonstrated that a tribe has
                                                    On November 12, 2008 (73 FR 66964),                    VI. Statutory and Executive Order
                                                                                                                                                                 jurisdiction. In those areas of Indian
                                                  EPA promulgated a revised primary and                    Reviews
                                                                                                                                                                 country, the rule does not have tribal
                                                  secondary lead NAAQS of 0.15 mg/m3.                         Under the CAA, the Administrator is                implications as specified by Executive
                                                  Under EPA’s regulations at 40 CFR part                   required to approve a SIP submission                  Order 13175 (65 FR 67249, November 9,
                                                  50, the 2008 lead NAAQS are met when                     that complies with the provisions of the              2000), nor will it impose substantial
                                                  the maximum arithmetic 3-month mean                      Act and applicable Federal regulations.               direct costs on tribal governments or
                                                  concentration for a 3-year period, as                    See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               preempt tribal law.
                                                  determined in accordance with                            Thus, in reviewing SIP submissions,
                                                  Appendix R of 40 CFR part 50, is less                    EPA’s role is to approve state choices,               List of Subjects in 40 CFR Part 52
                                                  than or equal to 0.15 mg/m3. See 40 CFR                  provided they meet the criteria of the                  Environmental protection, Air
                                                  50.16. On November 8, 2011, EPA                          CAA. This action merely proposes to                   pollution control, Carbon monoxide,
                                                  designated the entire State of North                     approve state law as meeting Federal                  Incorporation by reference,
                                                  Carolina as unclassifiable/attainment for                requirements and does not impose                      Intergovernmental relations, Lead,
                                                  that NAAQS. See 76 FR 72907. North                       additional requirements beyond those                  Nitrogen dioxide, Ozone, Particulate
                                                  Carolina’s ambient lead levels have                      imposed by state law. For that reason,                matter, Reporting and recordkeeping
                                                  remained well below the standard. The                    this proposed action:                                 requirements, Sulfur oxides, Volatile
                                                  pollution control systems for light-duty
                                                                                                              • Is not a significant regulatory action           organic compounds.
                                                  gasoline vehicles subject to the I/M
                                                                                                           subject to review by the Office of                      Authority: 42 U.S.C. 7401 et seq.
                                                  program are not designed to reduce
                                                                                                           Management and Budget under
                                                  emissions for lead; therefore, removing                                                                          Dated: July 16, 2018.
                                                                                                           Executive Orders 12866 (58 FR 51735,
                                                  counties from the program will not have                                                                        Onis ‘‘Trey’’ Glenn, III,
                                                                                                           October 4, 1993) and 13563 (76 FR 3821,
                                                  any impact on ambient concentrations                                                                           Regional Administrator, Region 4.
                                                                                                           January 21, 2011);
                                                  of lead. MOVES 2014 modeling results
                                                  indicate that removing 26 counties from                     • is not an Executive Order 13771 (82              [FR Doc. 2018–15813 Filed 7–25–18; 8:45 am]

                                                  the expanded I/M program would not                       FR 9339, February 2, 2017) regulatory                 BILLING CODE 6560–50–P

                                                  increase lead emissions. For these                       action because SIP approvals are
                                                  reasons, EPA proposes to find that                       exempted under Executive Order 12866;
                                                                                                              • does not impose an information                   ENVIRONMENTAL PROTECTION
                                                  removal of the 26 counties from the SIP-                                                                       AGENCY
                                                  approved expanded I/M program would                      collection burden under the provisions
                                                  not interfere with maintenance of the                    of the Paperwork Reduction Act (44
                                                                                                                                                                 40 CFR Parts 52 and 70
                                                  2008 lead NAAQS in the State.                            U.S.C. 3501 et seq.);
                                                                                                              • is certified as not having a                     [EPA–R07–OAR–2018–0536; FRL–9981–
                                                  IV. Proposed Action                                      significant economic impact on a                      19—Region 7]
                                                    For the reasons explained above in                     substantial number of small entities
                                                                                                           under the Regulatory Flexibility Act (5               Air Plan Approval; Iowa; Approval of
                                                  Section III of this proposed rulemaking,
                                                                                                           U.S.C. 601 et seq.);                                  the State Implementation Plan and the
                                                  EPA is proposing to approve North
                                                                                                              • does not contain any unfunded                    Operating Permits Program
                                                  Carolina’s November 17, 2017, SIP
                                                  revision. Specifically, EPA is proposing                 mandate or significantly or uniquely                  AGENCY:  Environmental Protection
                                                  to approve the removal of Brunswick,                     affect small governments, as described                Agency (EPA).
                                                  Burke, Caldwell, Carteret, Catawba,                      in the Unfunded Mandates Reform Act                   ACTION: Proposed rule.
                                                  Chatham, Cleveland, Craven,                              of 1995 (Pub. L. 104–4);
                                                  Edgecombe, Granville, Harnett,                              • does not have Federalism                         SUMMARY:   The Environmental Protection
                                                  Haywood, Henderson, Lenoir, Moore,                       implications as specified in Executive                Agency (EPA) is proposing to approve
                                                  Nash, Orange, Pitt, Robeson, Rutherford,                 Order 13132 (64 FR 43255, August 10,                  revisions to the Iowa State
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                                                  Stanly, Stokes, Surry, Wayne, Wilkes,                    1999);                                                Implementation Plan (SIP), and the
                                                  and Wilson counties, from the SIP-                          • is not an economically significant               Operating Permits Program. The
                                                  approved expanded I/M program.                           regulatory action based on health or                  proposed revisions clarify the types of
                                                  Additionally, EPA is proposing to find                   safety risks subject to Executive Order               mailing services that may be used for
                                                  that North Carolina’s removal of the 26                  13045 (62 FR 19885, April 23, 1997);                  submitting construction and operating
                                                  counties from the SIP-approved                              • is not a significant regulatory action           permit applications, and clarify that
                                                  expanded I/M program (and the removal                    subject to Executive Order 13211 (66 FR               applications are not required to be
                                                  of reliance on the I/M emissions                         28355, May 22, 2001);                                 submitted by certified mail. The


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Document Created: 2018-11-06 10:26:56
Document Modified: 2018-11-06 10:26:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before August 27, 2018.
ContactKelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9222. Ms. Sheckler can also be reached via electronic mail at [email protected]
FR Citation83 FR 35444 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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