Approval and Promulgation of Implementation Plans; North Carolina; Charlotte; Base Year Emissions Inventory and Emissions Statement for the 2008 8-Hour Ozone Standard, 22107-22111 [2015-09050]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations
22107
918–1653; email address:
mcdonnell.ida@epa.gov.
III. What are the terms of the
conditional approval?
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
The EPA conditionally approved
Rhode Island’s January 18, 2011 SIP
revision as it relates to major new and
modified stationary sources of regulated
NSR pollutants other than GHGs on
October 24, 2013. See 78 FR 63383. Our
conditional approval was based on a
commitment letter submitted by RI DEM
on September 18, 2013. Specifically, RI
DEM committed to submit a revised
technical demonstration (described
above) no later than one year from the
date on which EPA finalized the
conditional approval.
40 CFR Part 52
Table of Contents
I. Background
II. What is a conditional approval?
III. What are the terms of the conditional
approval?
IV. Were the terms of the conditional
approval met?
V. Final Action
IV. Were the terms of the conditional
approval met?
I. Background
RI DEM failed to submit the technical
demonstration in a timely manner,
therefore our conditional approval, by
operation of law, became a disapproval
on December 23, 2014. However, on
February 27, 2015, RI DEM submitted
the technical demonstration pursuant to
40 CFR 51.166(a)(7), showing that
Rhode Island’s PSD and nonattainment
new source review permitting programs
are at least as stringent in all respects as
EPA’s NSR Reform provisions for
stationary sources of regulated NSR
pollutants other than GHGs. Rhode
Island’s technical demonstration is
included in the docket and
administrative record for this action.
EPA therefore has determined that RI
DEM met the conditions of the
conditional approval.
II. What is a conditional approval?
tkelley on DSK3SPTVN1PROD with RULES
On October 24, 2013, EPA
conditionally approved, pending
submission by Rhode Island of a
technical demonstration that Rhode
Island’s January 18, 2011 SIP revisions
as they relate to major new and
modified stationary sources of regulated
NSR pollutants other than GHGs, are as
least as stringent as EPA’s NSR reform.
See 78 FR 63383. On February 27, 2015,
the State Rhode Island submitted a
technical demonstration, pursuant to 40
CFR 51.166(a)(7), that Rhode Island’s
PSD and nonattainment new source
review permitting programs are at least
as stringent in all respects as EPA’s NSR
Reform provisions for stationary sources
of regulated NSR pollutants other than
GHGs.
V. Final Action
Under section 110(k)(4) of the Clean
Air Act, the EPA may conditionally
approve a plan based on a commitment
from the State to adopt specific
enforceable measures by a date certain
no later than one year from the date of
final conditional approval. If the EPA
subsequently determines that the State
has met its commitment, EPA publishes
a document in the Federal Register
notifying the public that EPA is
converting the conditional approval to a
full approval. However, if the State fails
to timely meet its commitment, then the
conditional approval automatically
converts to a disapproval by operation
of law without further action required
by EPA. If that were to occur, EPA
would then notify the state by letter. At
that time, the conditionally approved
SIP revisions would not be part of the
state’s approved SIP. EPA subsequently
would publish a notice in the Federal
Register notifying the public that the
conditional approval automatically
converted to a disapproval.
EPA is converting the conditional
approval to a full approval with this
action. Rhode Island’s February 27,
2015 submission cured, as a legal
matter, the disapproval that
automatically occurred on December 23,
2014. Thus, the provisions of Rhode
Island’s SIP that EPA conditionally
approved on October 24, 2013 are now
fully approved into the State’s SIP.
VerDate Sep<11>2014
16:29 Apr 20, 2015
Jkt 235001
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.
Dated: March 26, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2015–09017 Filed 4–20–15; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
[EPA–R04–OAR–2015–0209; FRL–9926–47–
Region 6]
Approval and Promulgation of
Implementation Plans; North Carolina;
Charlotte; Base Year Emissions
Inventory and Emissions Statement for
the 2008 8-Hour Ozone Standard
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the state
implementation plan (SIP) revision
submitted by the State of North
Carolina, through the North Carolina
Department of Environment and Natural
Resources (NC DENR) on July 7, 2014,
to address the base year emissions
inventory and emissions statement
requirements for the State’s portion of
the Charlotte-Gastonia-Rock Hill, North
Carolina-South Carolina 2008 8-hour
ozone national ambient air quality
standards (NAAQS) nonattainment area
(hereafter referred to as the ‘‘bi-state
Charlotte Area’’ or ‘‘Area’’). Annual
emissions reporting (i.e., emission
statement) and a base year emissions
inventory are required for all ozone
nonattainment areas. The Area is
comprised of the entire county of
Mecklenburg and portions of Cabarrus,
Gaston, Iredell, Lincoln, Rowan and
Union Counties in North Carolina; and
a portion of York County in South
Carolina. EPA will consider and take
action on the South Carolina submission
for the emissions inventory and
emissions statement for its portion of
this Area in a separate action.
DATES: This direct final rule is effective
June 22, 2015 without further notice,
unless EPA receives adverse comment
by May 21, 2015. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0209, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2015–
0209,’’ Air Regulatory Management
Section, (formerly the Regulatory
Development Section), Air Planning and
SUMMARY:
E:\FR\FM\21APR1.SGM
21APR1
tkelley on DSK3SPTVN1PROD with RULES
22108
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2015–
0209. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
VerDate Sep<11>2014
16:29 Apr 20, 2015
Jkt 235001
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, 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. Ms.
Spann can be reached at (404) 562–9029
and via electronic mail at spann.jane@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). 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 fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. 40 CFR 50.15. Ambient air
quality monitoring data for the 3-year
period must meet a data completeness
requirement. The ambient air quality
monitoring data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined in Appendix I of part 50.
Upon promulgation of a new or
revised NAAQS, the Clean Air Act
(CAA or Act) requires EPA to designate
as nonattainment any area that is
violating the NAAQS based on the three
most recent years of ambient air quality
data at the conclusion of the designation
process. The bi-state Charlotte Area was
designated nonattainment for the 2008
8-hour ozone NAAQS on April 30, 2012
(effective July 20, 2012) using 2009–
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
2011 ambient air quality data. See 77 FR
30088 (May 21, 2012). At the time of
designation, the bi-state Charlotte Area
was classified as a Marginal
nonattainment area for the 2008 8-hour
ozone NAAQS. On February 13, 2015,
EPA finalized a rule entitled
‘‘Implementation of the 2008 National
Ambient Air Quality Standards for
Ozone: State Implementation Plan
Requirements’’ (SIP Requirements Rule)
that establishes the requirements that
state, tribal, and local air quality
management agencies must meet as they
develop implementation plans for areas
where air quality exceeds the 2008
ozone NAAQS.1 See 80 FR 12264 (March
6, 2015). This rule establishes ozone
nonattainment area attainment dates
based on Table 1 of section 181(a) of the
CAA, including an attainment date three
years after the July 20, 2012, effective
date for areas classified as marginal
areas for the 2008 8-hour NAAQS.
Therefore, the attainment date for the bistate Charlotte Area is July 20, 2015.
Based on the nonattainment
designation, North Carolina was
required to develop a nonattainment SIP
revision addressing certain CAA
requirements. Specifically, pursuant to
CAA section 182(a)(3)(B) and section
182(a)(1), North Carolina was required
to submit a SIP revision addressing
emissions statements and emissions
inventory requirements, respectively.
Ground level ozone is not emitted
directly into the air, but is created by
chemical reactions between oxides of
nitrogen (NOX) and volatile organic
compounds (VOC) in the presence of
sunlight. Emissions from industrial
facilities and electric utilities, motor
vehicle exhaust, gasoline vapors, and
chemical solvents are some of the major
sources of NOX and VOC. Section
182(a)(3)(B) of the CAA requires each
state with ozone nonattainment areas to
submit a SIP revision requiring annual
emissions statements to be submitted to
the state by the owner or operator of
each NOX or VOC stationary source 2
located within a nonattainment area
showing the actual emissions of NOX
and VOC from that source. The first
1 The SIP Requirements Rule addresses a range of
nonattainment area SIP requirements for the 2008
ozone NAAQS, including requirements pertaining
to attainment demonstrations, reasonable further
progress (RFP), reasonably available control
technology, reasonably available control measures,
major new source review, emission inventories, and
the timing of SIP submissions and of compliance
with emission control measures in the SIP. The rule
also revokes the 1997 ozone NAAQS and
establishes anti-backsliding requirements.
2 A state may waive the emission statement
requirement for any class or category of stationary
sources which emit less than 25 tons per year of
VOCs or NOX if the state meets the requirements
of section 182(a)(3)(B)(ii).
E:\FR\FM\21APR1.SGM
21APR1
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations
statement is due three years from the
area’s nonattainment designation, and
subsequent statements are due at least
annually thereafter. Section 182(a)(1) of
the CAA requires states with areas
designated nonattainment for the ozone
NAAQS to submit a SIP revision
providing a comprehensive, accurate,
and current inventory of actual
emissions from all sources of the
relevant pollutant or pollutants in such
area.
On July 7, 2014, North Carolina
submitted a SIP revision containing a
base year emissions inventory and
addressing emissions statement
requirements related to its portion of the
bi-state Charlotte Area. EPA is now
taking action to approve this SIP
revision as meeting the requirements of
sections 110, 182(a)(1), and 182(a)(3)(B)
of the CAA. More information on EPA’s
analysis of North Carolina’s SIP revision
is provided below.
II. Analysis of State’s Submittal
(a) Base Year Emission Inventory
As discussed above, section 182(a)(1)
of the CAA requires states to submit a
comprehensive, accurate, and current
inventory of actual emissions from all
sources of the relevant pollutant or
pollutants in each ozone non-attainment
area. The section 182(a)(1) base year
inventory is defined in the SIP
Requirements Rule as ‘‘a
comprehensive, accurate, current
inventory of actual emissions from
sources of VOC and NOX emitted within
the boundaries of the nonattainment
area as required by CAA section
182(a)(1).’’ See 40 CFR 51.1100(bb). The
inventory year must be selected
consistent with the baseline year for the
RFP plan as required by 40 CFR
51.1110(b),3 and the inventory must
include actual ozone season day
emissions as defined in 40 CFR
51.1100(cc) 4 and contain data elements
consistent with the detail required by 40
CFR part 51, subpart A. See 40 CFR
51.1115(a), (c), (e). In addition, the point
source emissions included in the
inventory must be reported according to
the point source emissions thresholds of
the Air Emissions Reporting
Requirements (AERR) in 40 CFR part 51,
subpart A. See 40 CFR 51.1115(d).
North Carolina selected 2011 as the
base year for the section 182(a)(1)
22109
emissions inventory which is the year
corresponding with the first triennial
inventory under 40 CFR part 51, subpart
A. This base year is one of the three
years of ambient data used to designate
the Area as a nonattainment area and
therefore represents emissions
associated with nonattainment
conditions. The emissions inventory is
based on data developed and submitted
by NC DENR and Mecklenburg County
Air Quality to EPA’s 2011 National
Emissions Inventory (NEI), and it
contains data elements consistent with
the detail required by 40 CFR part 51,
subpart A.5
North Carolina’s emissions inventory
for its portion of the Area provides 2011
typical average summer day emissions
data for NOX and VOCs for the
following general source categories:
stationary point, area, non-road mobile,
and on-road mobile. A detailed
discussion of the inventory
development is located in Appendix B
to North Carolina’s submittal which is
provided in the docket for this action.
The table below provides a summary of
the emissions inventory.
TABLE 1—2011 POINT AND AREA SOURCES EMISSIONS FOR THE NORTH CAROLINA PORTION OF THE CHARLOTTE AREA
[Tons per summer day]
Point
Area
Non-road mobile
On-road mobile
County
NOX
Cabarrus* .........................
Gaston* ............................
Iredell* ..............................
Lincoln* ............................
Mecklenburg .....................
Rowan* .............................
Union* ..............................
VOC
1.10
26.44
4.63
0.43
7.76
6.21
0.60
NOX
0.89
1.74
0.97
1.23
1.53
3.81
1.20
0.44
0.55
0.22
0.12
4.48
0.40
0.47
VOC
NOX
4.53
4.94
1.95
1.72
23.47
3.95
6.13
VOC
2.43
2.30
0.96
0.88
16.31
1.94
3.93
1.62
1.83
0.84
0.83
14.76
1.96
2.56
NOX
11.85
13.39
5.45
4.33
57.01
10.78
9.32
VOC
6.32
6.93
2.62
2.49
26.06
5.74
5.19
* Indicates emissions for the nonattainment portion of the county.
tkelley on DSK3SPTVN1PROD with RULES
The emissions reported for Cabarrus,
Gaston, Iredell, Lincoln, Rowan, and
Union Counties reflect the emissions for
only the nonattainment portion of the
counties. The inventory contains point
source emissions data for facilities
located within the North Carolina
portion of the Area based on Geographic
Information Systems mapping. For the
remaining emissions categories,
emissions for the North Carolina portion
of the Area were determined based on
the population of the nonattainment
townships within each partial county.
For Mecklenburg County, the emissions
for the entire county are provided. More
detail on the inventory emissions for
individual sources categories is
provided below and in Appendix B to
North Carolina’s SIP submittal.
Point sources are large, stationary,
identifiable sources of emissions that
release pollutants into the atmosphere.
The point source emissions inventory
for North Carolina’s portion of the bistate Charlotte Area was developed
using facility-specific emissions data.
The point source emissions inventory
for North Carolina’s portion of the bistate Charlotte Area data is located in
the docket for today’s action. The point
source emissions data meets the point
3 40 CFR 51.1110(b) states that ‘‘at the time of
designation for the 2008 ozone NAAQS the baseline
emissions inventory shall be the emissions
inventory for the most recent calendar year for
which a complete triennial inventory is required to
be submitted to EPA under the provisions of
subpart A of this part. States may use an alternative
baseline emissions inventory provided the state
demonstrates why it is appropriate to use the
alternative baseline year, and provided that the year
selected is between the years 2008 to 2012.’’
4 ‘‘Ozone season day emissions’’ is defined as ‘‘an
average day’s emissions for a typical ozone season
work weekday. The state shall select, subject to EPA
approval, the particular month(s) in the ozone
season and the day(s) in the work week to be
represented, considering the conditions assumed in
the development of RFP plans and/or emissions
budgets for transportation conformity.’’ See 40 CFR
51.1100(cc).
5 Data downloaded from the EPA EIS from the
2011 NEI was subjected to quality assurance
procedures described under quality assurance
details under 2011 NEI Version 1 Documentation
located at https://www.epa.gov/ttn/chief/net/
2011inventory.html#inventorydoc. The quality
assurance and quality control procedures and
measures associated with this data are outlined in
the State’s EPA-approved Emission Inventory
Quality Assurance Project Plan.
VerDate Sep<11>2014
16:29 Apr 20, 2015
Jkt 235001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
E:\FR\FM\21APR1.SGM
21APR1
22110
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
source emissions thresholds of 40 CFR
part 51, subpart A.
Area sources are small emission
stationary sources which, due to their
large number, collectively have
significant emissions (e.g., dry cleaners,
service stations). Emissions for these
sources were estimated by multiplying
an emission factor by such indicators of
collective emissions activity as
production, number of employees, or
population. These emissions were
estimated at the county level. North
Carolina developed its inventory
according to the current EPA emissions
inventory guidance for area sources.6
On-road mobile sources include
vehicles used on roads for
transportation of passengers or freight.
North Carolina’s developed its on-road
emissions inventory using EPA’s Motor
Vehicle Emissions Simulator (MOVES)
model for each ozone nonattainment
county.7 County level on-road modeling
was conducted using county-specific
vehicle population and other local data.
North Carolina developed its inventory
according to the current EPA emissions
inventory guidance for on-road mobile
sources.8
Non-road mobile sources include
vehicles, engines, and equipment used
for construction, agriculture, recreation,
and other purposes that do not use
roadways (e.g., lawn mowers,
construction equipment, railroad
locomotives, and aircraft). North
Carolina calculated emissions for most
of the non-road mobile sources using
EPA’s NONROAD2008a model 9 and
developed its non-road mobile source
inventory according to the current EPA
6 This guidance includes: Procedures for the
Preparation of Emission Inventories of Carbon
Monoxide and Precursors of Ozone, Vol. 1, EPA–
450/4–91–016 (May 1991) and Emissions Inventory
Improvement Program (EIIP) Technical Report, Vol.
3, Area Sources (Revised January 2001, updated
April 2001).
7 North Carolina used MOVES version 2010b
because this was the latest version available at the
time that the State submitted its SIP revision.
8 This guidance includes: Emissions Inventory
Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality
Standards (NAAQS) and Regional Haze
Regulations, EPA–454/R–05–001 (August 2005,
updated November 2005); Policy Guidance on the
Use of MOVES2010 for State Implementation Plan
Development, Transportation Conformity, and
Other Purposes, EPA–420–B–09–046 (December
2009); and Technical Guidance on the Use of
MOVES2010 for Emission Inventory Preparation in
State Implementation Plans and Transportation
Conformity, EPA–420–B–10–023 (April 2010).
9 For consistency with the NEI, North Carolina
included emissions data for locomotives at rail
yards and aircraft (where they are reported to occur
at the locations of the airports where they are
generated) with the point source data in the base
year inventory. See Appendix B.1 and Appendix
B.4 of the State’s SIP revision for a detailed
discussion of the methodology used to calculate
aircraft and locomotive emissions.
VerDate Sep<11>2014
16:29 Apr 20, 2015
Jkt 235001
emissions inventory guidance for nonroad mobile sources.10
For the reasons discussed above, EPA
has determined that North Carolina’s
emissions inventory meets the
requirements under CAA section
182(a)(1) and the SIP Requirements Rule
for the 2008 8-hour ozone NAAQS.
(b) Emissions Statements
Pursuant to section 182(a)(3)(B), states
with ozone nonattainment areas must
require annual emissions statements
from NOX and VOC stationary sources
within those nonattainment areas. This
requirement applies to all ozone
nonattainment areas regardless of
classification (e.g., Marginal, Moderate).
North Carolina regulation 15A North
Carolina Administrative Code (NCAC)
02Q.0207 requires all owners or
operators of stationary sources with
actual emissions of 25 tons per year or
more of VOC or NOX located in the
counties listed therein to submit a
statement to the State by June 30 of each
year identifying actual NOX and VOC
emissions for the previous calendar
year. In 1995, EPA approved North
Carolina’s regulation and incorporated it
into the SIP. See 60 FR 22283 (May 5,
1995). At that time, the regulation
applied to stationary sources within
Davidson County, Durham County,
Forsyth County, Gaston County,
Guilford County, Mecklenburg County,
Wake County, the Dutchville Township
portion of Granville County, and that
part of Davie County bounded by the
Yadkin River, Dutchman’s Creek, North
Carolina Highway 801, Fulton Creek,
and back to the Yadkin River. North
Carolina subsequently amended the
regulation to expand its coverage to
include Cabarrus, Lincoln, Rowan, and
Union Counties in their entireties and
Davidson Township and Coddle Creek
Township in Iredell County. EPA
concluded that the amended regulation
met the requirements of section
182(a)(3)(B) for the 1997 8-hour ozone
standard and incorporated the
amendments into the SIP in 2012. See
77 FR 24382 (April 24, 2012). In its July
7, 2014 SIP revision, North Carolina
noted that it continues to operate under
15A NCAC 02Q.0207 as approved into
the SIP in 2012. EPA has reviewed this
SIP-approved regulation and
determined that it covers the entire
North Carolina portion of the Area and
meets the requirements of section
182(a)(3)(B) for the 2008 ozone
NAAQS.11
10 This guidance includes: Procedures for
Emission Inventory Preparation, Volume IV: Mobile
Sources, EPA–450/4–81–026d (July 1991).
11 As discussed in the preamble to the SIP
Requirements Rule, a state may rely on emissions
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
III. Final Action
EPA is approving the SIP revision
submitted by North Carolina on July 7,
2014, addressing the base year
emissions inventory and emissions
statement requirements for the State’s
portion of the bi-state Charlotte Area.
EPA has concluded that the State’s
submission meets the requirements of
sections 110 and 182 of the CAA. EPA
is publishing this rule without prior
proposal because the Agency views this
as a noncontroversial submittal and
anticipates no adverse comments.
However, in the proposed rules section
of this Federal Register publication,
EPA is publishing a separate document
that will serve as the proposal to
approve the SIP revision should adverse
comments be filed. This rule will be
effective June 22, 2015 without further
notice unless the Agency receives
adverse comments by May 21, 2015.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All adverse comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on June 22, 2015
and no further action will be taken on
the proposed rule.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, the Agency may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
IV. 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.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
statement rules in force and approved by EPA for
the 1997 ozone NAAQS or the 1-hour ozone
NAAQS provided that the rules remain adequate
and cover all portions of the 2008 ozone NAAQS
nonattainment areas. See 80 FR 12291.
E:\FR\FM\21APR1.SGM
21APR1
22111
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011); does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, 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).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 22, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: April 9, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. In § 52.1770, paragraph (e) is
amended by adding two entries for
‘‘North Carolina portion of bi-state
Charlotte; 2008 8-Hour Ozone Base Year
Emissions Inventory’’ and ‘‘North
Carolina portion of bi-state Charlotte;
2008 8-Hour Ozone Annual Emission
Reporting (Emission Statement)’’ at the
end of the table to read as follows:
■
§ 52.1770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective date
Provision
tkelley on DSK3SPTVN1PROD with RULES
*
*
*
North Carolina portion of bi-state Charlotte Area;
2008 8-Hour Ozone Base Year Emissions Inventory.
North Carolina portion of bi-state Charlotte Area;
2008 8-Hour Ozone Annual Emissions Reporting
(Emissions Statements).
EPA approval date
Federal Register notice
07/07/2014
*
*
*
April 21, 2015 ................ [Insert citation of publication].
07/07/2014
April 21, 2015 ................
[Insert citation of publication].
[FR Doc. 2015–09050 Filed 4–20–15; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
19:36 Apr 20, 2015
Jkt 235001
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
E:\FR\FM\21APR1.SGM
21APR1
Explanation
*
]]>Agencies
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22107-22111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-09050]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0209; FRL-9926-47-Region 6]
Approval and Promulgation of Implementation Plans; North
Carolina; Charlotte; Base Year Emissions Inventory and Emissions
Statement for the 2008 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the state implementation plan (SIP) revision
submitted by the State of North Carolina, through the North Carolina
Department of Environment and Natural Resources (NC DENR) on July 7,
2014, to address the base year emissions inventory and emissions
statement requirements for the State's portion of the Charlotte-
Gastonia-Rock Hill, North Carolina-South Carolina 2008 8-hour ozone
national ambient air quality standards (NAAQS) nonattainment area
(hereafter referred to as the ``bi-state Charlotte Area'' or ``Area'').
Annual emissions reporting (i.e., emission statement) and a base year
emissions inventory are required for all ozone nonattainment areas. The
Area is comprised of the entire county of Mecklenburg and portions of
Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties in North
Carolina; and a portion of York County in South Carolina. EPA will
consider and take action on the South Carolina submission for the
emissions inventory and emissions statement for its portion of this
Area in a separate action.
DATES: This direct final rule is effective June 22, 2015 without
further notice, unless EPA receives adverse comment by May 21, 2015. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0209, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2015-0209,'' Air Regulatory Management
Section, (formerly the Regulatory Development Section), Air Planning
and
[[Page 22108]]
Implementation Branch (formerly the Air Planning Branch), Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0209. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann, 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. Ms.
Spann can be reached at (404) 562-9029 and via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). 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. 40 CFR 50.15. Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness as determined in Appendix I of part
50.
Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA
or Act) requires EPA to designate as nonattainment any area that is
violating the NAAQS based on the three most recent years of ambient air
quality data at the conclusion of the designation process. The bi-state
Charlotte Area was designated nonattainment for the 2008 8-hour ozone
NAAQS on April 30, 2012 (effective July 20, 2012) using 2009-2011
ambient air quality data. See 77 FR 30088 (May 21, 2012). At the time
of designation, the bi-state Charlotte Area was classified as a
Marginal nonattainment area for the 2008 8-hour ozone NAAQS. On
February 13, 2015, EPA finalized a rule entitled ``Implementation of
the 2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan Requirements'' (SIP Requirements Rule) that
establishes the requirements that state, tribal, and local air quality
management agencies must meet as they develop implementation plans for
areas where air quality exceeds the 2008 ozone NAAQS.\1\ See 80 FR
12264 (March 6, 2015). This rule establishes ozone nonattainment area
attainment dates based on Table 1 of section 181(a) of the CAA,
including an attainment date three years after the July 20, 2012,
effective date for areas classified as marginal areas for the 2008 8-
hour NAAQS. Therefore, the attainment date for the bi-state Charlotte
Area is July 20, 2015.
---------------------------------------------------------------------------
\1\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major new source review,
emission inventories, and the timing of SIP submissions and of
compliance with emission control measures in the SIP. The rule also
revokes the 1997 ozone NAAQS and establishes anti-backsliding
requirements.
---------------------------------------------------------------------------
Based on the nonattainment designation, North Carolina was required
to develop a nonattainment SIP revision addressing certain CAA
requirements. Specifically, pursuant to CAA section 182(a)(3)(B) and
section 182(a)(1), North Carolina was required to submit a SIP revision
addressing emissions statements and emissions inventory requirements,
respectively.
Ground level ozone is not emitted directly into the air, but is
created by chemical reactions between oxides of nitrogen
(NOX) and volatile organic compounds (VOC) in the presence
of sunlight. Emissions from industrial facilities and electric
utilities, motor vehicle exhaust, gasoline vapors, and chemical
solvents are some of the major sources of NOX and VOC.
Section 182(a)(3)(B) of the CAA requires each state with ozone
nonattainment areas to submit a SIP revision requiring annual emissions
statements to be submitted to the state by the owner or operator of
each NOX or VOC stationary source \2\ located within a
nonattainment area showing the actual emissions of NOX and
VOC from that source. The first
[[Page 22109]]
statement is due three years from the area's nonattainment designation,
and subsequent statements are due at least annually thereafter. Section
182(a)(1) of the CAA requires states with areas designated
nonattainment for the ozone NAAQS to submit a SIP revision providing a
comprehensive, accurate, and current inventory of actual emissions from
all sources of the relevant pollutant or pollutants in such area.
---------------------------------------------------------------------------
\2\ A state may waive the emission statement requirement for any
class or category of stationary sources which emit less than 25 tons
per year of VOCs or NOX if the state meets the
requirements of section 182(a)(3)(B)(ii).
---------------------------------------------------------------------------
On July 7, 2014, North Carolina submitted a SIP revision containing
a base year emissions inventory and addressing emissions statement
requirements related to its portion of the bi-state Charlotte Area. EPA
is now taking action to approve this SIP revision as meeting the
requirements of sections 110, 182(a)(1), and 182(a)(3)(B) of the CAA.
More information on EPA's analysis of North Carolina's SIP revision is
provided below.
II. Analysis of State's Submittal
(a) Base Year Emission Inventory
As discussed above, section 182(a)(1) of the CAA requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
each ozone non-attainment area. The section 182(a)(1) base year
inventory is defined in the SIP Requirements Rule as ``a comprehensive,
accurate, current inventory of actual emissions from sources of VOC and
NOX emitted within the boundaries of the nonattainment area
as required by CAA section 182(a)(1).'' See 40 CFR 51.1100(bb). The
inventory year must be selected consistent with the baseline year for
the RFP plan as required by 40 CFR 51.1110(b),\3\ and the inventory
must include actual ozone season day emissions as defined in 40 CFR
51.1100(cc) \4\ and contain data elements consistent with the detail
required by 40 CFR part 51, subpart A. See 40 CFR 51.1115(a), (c), (e).
In addition, the point source emissions included in the inventory must
be reported according to the point source emissions thresholds of the
Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart
A. See 40 CFR 51.1115(d).
---------------------------------------------------------------------------
\3\ 40 CFR 51.1110(b) states that ``at the time of designation
for the 2008 ozone NAAQS the baseline emissions inventory shall be
the emissions inventory for the most recent calendar year for which
a complete triennial inventory is required to be submitted to EPA
under the provisions of subpart A of this part. States may use an
alternative baseline emissions inventory provided the state
demonstrates why it is appropriate to use the alternative baseline
year, and provided that the year selected is between the years 2008
to 2012.''
\4\ ``Ozone season day emissions'' is defined as ``an average
day's emissions for a typical ozone season work weekday. The state
shall select, subject to EPA approval, the particular month(s) in
the ozone season and the day(s) in the work week to be represented,
considering the conditions assumed in the development of RFP plans
and/or emissions budgets for transportation conformity.'' See 40 CFR
51.1100(cc).
---------------------------------------------------------------------------
North Carolina selected 2011 as the base year for the section
182(a)(1) emissions inventory which is the year corresponding with the
first triennial inventory under 40 CFR part 51, subpart A. This base
year is one of the three years of ambient data used to designate the
Area as a nonattainment area and therefore represents emissions
associated with nonattainment conditions. The emissions inventory is
based on data developed and submitted by NC DENR and Mecklenburg County
Air Quality to EPA's 2011 National Emissions Inventory (NEI), and it
contains data elements consistent with the detail required by 40 CFR
part 51, subpart A.\5\
---------------------------------------------------------------------------
\5\ Data downloaded from the EPA EIS from the 2011 NEI was
subjected to quality assurance procedures described under quality
assurance details under 2011 NEI Version 1 Documentation located at
https://www.epa.gov/ttn/chief/net/2011inventory.html#inventorydoc.
The quality assurance and quality control procedures and measures
associated with this data are outlined in the State's EPA-approved
Emission Inventory Quality Assurance Project Plan.
---------------------------------------------------------------------------
North Carolina's emissions inventory for its portion of the Area
provides 2011 typical average summer day emissions data for
NOX and VOCs for the following general source categories:
stationary point, area, non-road mobile, and on-road mobile. A detailed
discussion of the inventory development is located in Appendix B to
North Carolina's submittal which is provided in the docket for this
action. The table below provides a summary of the emissions inventory.
Table 1--2011 Point and Area Sources Emissions for the North Carolina Portion of the Charlotte Area
[Tons per summer day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Area Non-road mobile On-road mobile
County -------------------------------------------------------------------------------------------------------
NOX VOC NOX VOC NOX VOC NOX VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cabarrus*....................................... 1.10 0.89 0.44 4.53 2.43 1.62 11.85 6.32
Gaston*......................................... 26.44 1.74 0.55 4.94 2.30 1.83 13.39 6.93
Iredell*........................................ 4.63 0.97 0.22 1.95 0.96 0.84 5.45 2.62
Lincoln*........................................ 0.43 1.23 0.12 1.72 0.88 0.83 4.33 2.49
Mecklenburg..................................... 7.76 1.53 4.48 23.47 16.31 14.76 57.01 26.06
Rowan*.......................................... 6.21 3.81 0.40 3.95 1.94 1.96 10.78 5.74
Union*.......................................... 0.60 1.20 0.47 6.13 3.93 2.56 9.32 5.19
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Indicates emissions for the nonattainment portion of the county.
The emissions reported for Cabarrus, Gaston, Iredell, Lincoln,
Rowan, and Union Counties reflect the emissions for only the
nonattainment portion of the counties. The inventory contains point
source emissions data for facilities located within the North Carolina
portion of the Area based on Geographic Information Systems mapping.
For the remaining emissions categories, emissions for the North
Carolina portion of the Area were determined based on the population of
the nonattainment townships within each partial county. For Mecklenburg
County, the emissions for the entire county are provided. More detail
on the inventory emissions for individual sources categories is
provided below and in Appendix B to North Carolina's SIP submittal.
Point sources are large, stationary, identifiable sources of
emissions that release pollutants into the atmosphere. The point source
emissions inventory for North Carolina's portion of the bi-state
Charlotte Area was developed using facility-specific emissions data.
The point source emissions inventory for North Carolina's portion of
the bi-state Charlotte Area data is located in the docket for today's
action. The point source emissions data meets the point
[[Page 22110]]
source emissions thresholds of 40 CFR part 51, subpart A.
Area sources are small emission stationary sources which, due to
their large number, collectively have significant emissions (e.g., dry
cleaners, service stations). Emissions for these sources were estimated
by multiplying an emission factor by such indicators of collective
emissions activity as production, number of employees, or population.
These emissions were estimated at the county level. North Carolina
developed its inventory according to the current EPA emissions
inventory guidance for area sources.\6\
---------------------------------------------------------------------------
\6\ This guidance includes: Procedures for the Preparation of
Emission Inventories of Carbon Monoxide and Precursors of Ozone,
Vol. 1, EPA-450/4-91-016 (May 1991) and Emissions Inventory
Improvement Program (EIIP) Technical Report, Vol. 3, Area Sources
(Revised January 2001, updated April 2001).
---------------------------------------------------------------------------
On-road mobile sources include vehicles used on roads for
transportation of passengers or freight. North Carolina's developed its
on-road emissions inventory using EPA's Motor Vehicle Emissions
Simulator (MOVES) model for each ozone nonattainment county.\7\ County
level on-road modeling was conducted using county-specific vehicle
population and other local data. North Carolina developed its inventory
according to the current EPA emissions inventory guidance for on-road
mobile sources.\8\
---------------------------------------------------------------------------
\7\ North Carolina used MOVES version 2010b because this was the
latest version available at the time that the State submitted its
SIP revision.
\8\ This guidance includes: Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards (NAAQS) and Regional Haze Regulations, EPA-454/R-
05-001 (August 2005, updated November 2005); Policy Guidance on the
Use of MOVES2010 for State Implementation Plan Development,
Transportation Conformity, and Other Purposes, EPA-420-B-09-046
(December 2009); and Technical Guidance on the Use of MOVES2010 for
Emission Inventory Preparation in State Implementation Plans and
Transportation Conformity, EPA-420-B-10-023 (April 2010).
---------------------------------------------------------------------------
Non-road mobile sources include vehicles, engines, and equipment
used for construction, agriculture, recreation, and other purposes that
do not use roadways (e.g., lawn mowers, construction equipment,
railroad locomotives, and aircraft). North Carolina calculated
emissions for most of the non-road mobile sources using EPA's
NONROAD2008a model \9\ and developed its non-road mobile source
inventory according to the current EPA emissions inventory guidance for
non-road mobile sources.\10\
---------------------------------------------------------------------------
\9\ For consistency with the NEI, North Carolina included
emissions data for locomotives at rail yards and aircraft (where
they are reported to occur at the locations of the airports where
they are generated) with the point source data in the base year
inventory. See Appendix B.1 and Appendix B.4 of the State's SIP
revision for a detailed discussion of the methodology used to
calculate aircraft and locomotive emissions.
\10\ This guidance includes: Procedures for Emission Inventory
Preparation, Volume IV: Mobile Sources, EPA-450/4-81-026d (July
1991).
---------------------------------------------------------------------------
For the reasons discussed above, EPA has determined that North
Carolina's emissions inventory meets the requirements under CAA section
182(a)(1) and the SIP Requirements Rule for the 2008 8-hour ozone
NAAQS.
(b) Emissions Statements
Pursuant to section 182(a)(3)(B), states with ozone nonattainment
areas must require annual emissions statements from NOX and
VOC stationary sources within those nonattainment areas. This
requirement applies to all ozone nonattainment areas regardless of
classification (e.g., Marginal, Moderate).
North Carolina regulation 15A North Carolina Administrative Code
(NCAC) 02Q.0207 requires all owners or operators of stationary sources
with actual emissions of 25 tons per year or more of VOC or
NOX located in the counties listed therein to submit a
statement to the State by June 30 of each year identifying actual
NOX and VOC emissions for the previous calendar year. In
1995, EPA approved North Carolina's regulation and incorporated it into
the SIP. See 60 FR 22283 (May 5, 1995). At that time, the regulation
applied to stationary sources within Davidson County, Durham County,
Forsyth County, Gaston County, Guilford County, Mecklenburg County,
Wake County, the Dutchville Township portion of Granville County, and
that part of Davie County bounded by the Yadkin River, Dutchman's
Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin
River. North Carolina subsequently amended the regulation to expand its
coverage to include Cabarrus, Lincoln, Rowan, and Union Counties in
their entireties and Davidson Township and Coddle Creek Township in
Iredell County. EPA concluded that the amended regulation met the
requirements of section 182(a)(3)(B) for the 1997 8-hour ozone standard
and incorporated the amendments into the SIP in 2012. See 77 FR 24382
(April 24, 2012). In its July 7, 2014 SIP revision, North Carolina
noted that it continues to operate under 15A NCAC 02Q.0207 as approved
into the SIP in 2012. EPA has reviewed this SIP-approved regulation and
determined that it covers the entire North Carolina portion of the Area
and meets the requirements of section 182(a)(3)(B) for the 2008 ozone
NAAQS.\11\
---------------------------------------------------------------------------
\11\ As discussed in the preamble to the SIP Requirements Rule,
a state may rely on emissions statement rules in force and approved
by EPA for the 1997 ozone NAAQS or the 1-hour ozone NAAQS provided
that the rules remain adequate and cover all portions of the 2008
ozone NAAQS nonattainment areas. See 80 FR 12291.
---------------------------------------------------------------------------
III. Final Action
EPA is approving the SIP revision submitted by North Carolina on
July 7, 2014, addressing the base year emissions inventory and
emissions statement requirements for the State's portion of the bi-
state Charlotte Area. EPA has concluded that the State's submission
meets the requirements of sections 110 and 182 of the CAA. EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial submittal and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision should adverse
comments be filed. This rule will be effective June 22, 2015 without
further notice unless the Agency receives adverse comments by May 21,
2015.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on June 22, 2015 and no
further action will be taken on the proposed rule.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, the Agency may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
IV. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
[[Page 22111]]
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, 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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 22, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 9, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770, paragraph (e) is amended by adding two entries for
``North Carolina portion of bi-state Charlotte; 2008 8-Hour Ozone Base
Year Emissions Inventory'' and ``North Carolina portion of bi-state
Charlotte; 2008 8-Hour Ozone Annual Emission Reporting (Emission
Statement)'' at the end of the table to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Provision effective EPA approval date Federal Register Explanation
date notice
----------------------------------------------------------------------------------------------------------------
* * * * * * *
North Carolina portion of bi- 07/07/2014 April 21, 2015... [Insert citation ............................
state Charlotte Area; 2008 8- of publication].
Hour Ozone Base Year Emissions
Inventory.
North Carolina portion of bi- 07/07/2014 April 21, 2015... [Insert citation ............................
state Charlotte Area; 2008 8- of publication].
Hour Ozone Annual Emissions
Reporting (Emissions
Statements).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-09050 Filed 4-20-15; 8:45 am]
BILLING CODE 6560-50-P
