Approval and Promulgation of Implementation Plans; North Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for the Gaston and Mecklenburg Counties in North Carolina, 29230-29237 [2015-12348]
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notice of intent might be subject to
section 553 of the APA, the
Administrator finds that there is good
cause to forgo the notice and comment
requirements of section 553, as any
further delays in the process for
issuance of temporary scheduling orders
would be impracticable and contrary to
the public interest in view of the
manifest urgency to avoid an imminent
hazard to the public safety.
Although the DEA believes this notice
of intent to issue a temporary
scheduling order is not subject to the
notice and comment requirements of
section 553 of the APA, the DEA notes
that in accordance with 21 U.S.C.
811(h)(4), the Administrator will take
into consideration any comments
submitted by the Assistant Secretary
with regard to the proposed temporary
scheduling order.
Further, the DEA believes that this
temporary scheduling action is not a
‘‘rule’’ as defined by 5 U.S.C. 601(2),
and, accordingly, is not subject to the
requirements of the Regulatory
Flexibility Act (RFA). The requirements
for the preparation of an initial
regulatory flexibility analysis in 5 U.S.C.
603(a) are not applicable where, as here,
the DEA is not required by section 553
of the APA or any other law to publish
a general notice of proposed
rulemaking.
Additionally, this action is not a
significant regulatory action as defined
by Executive Order 12866 (Regulatory
Planning and Review), section 3(f), and,
accordingly, this action has not been
reviewed by the Office of Management
and Budget (OMB).
This action will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132
(Federalism) it is determined that this
action does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, the DEA
proposes to amend 21 CFR part 1308 as
follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
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Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
2. In § 1308.11, add paragraph (h)(24)
to read as follows:
■
§ 1308.11
Schedule I.
*
*
*
*
*
(h) * * *
(24) N-(1-phenethylpiperidin-4-yl)-Nphenylacetamide, its optical, positional,
and geometric isomers, salts and salts of
isomers (Other names: Acetyl
fentanyl)—(9821)
*
*
*
*
*
Dated: May 14, 2015.
Michele M. Leonhart,
Administrator.
[FR Doc. 2015–12331 Filed 5–20–15; 8:45 am]
BILLING CODE 4410–09–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0260; FRL–9928–12–
Region 4]
Approval and Promulgation of
Implementation Plans; North Carolina:
Non-Interference Demonstration for
Federal Low-Reid Vapor Pressure
Requirement for the Gaston and
Mecklenburg Counties in North
Carolina
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the State of North Carolina’s April 16,
2015, revision to its State
Implementation Plan (SIP), submitted
through the North Carolina Department
of Environment and Natural Resources,
Division of Air Quality (DAQ), in
support of the State’s request that EPA
change the Federal Reid Vapor Pressure
(RVP) requirements for Gaston and
Mecklenburg Counties. This RVPrelated SIP revision evaluates whether
changing the Federal RVP requirements
in these counties would interfere with
the requirements of the Clean Air Act
(CAA or Act). North Carolina’s April 16,
2015, RVP-related SIP revision also
updates the State’s maintenance plan
and the associated motor vehicle
emissions budgets (MVEBs) related to
its redesignation request for the North
Carolina portion of the CharlotteGastonia-Salisbury 2008 8-hour ozone
nonattainment area (Charlotte 2008
Ozone Area) to reflect the requested
change in the Federal RVP
requirements. EPA is also proposing to
SUMMARY:
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approve these updates to the
maintenance plan and associated
MVEBs. EPA has preliminarily
determined that North Carolina’s April
16, 2015, RVP-related SIP revision is
consistent with the applicable
provisions of the CAA.
DATES: Written comments must be
received on or before June 11, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R04–OAR–2015–0260 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2015–0260,
Air Regulatory Managment Section
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2015–
0260. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
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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 Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong of the Air Regulatory
Management Section, in the Air
Planning and Implementation Branch,
Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Mr.
Wong may be reached by phone at (404)
562–8726 or via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. What is being proposed?
II. What is the background of the Charlotte
area?
III. What is the history of the gasoline
volatility requirement?
IV. What are the section 110(l) requirements?
V. What is EPA’s analysis of North Carolina’s
submittal?
VI. Proposed Action
VII. Statutory and Executive Order Reviews
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I. What is being proposed?
This rulemaking proposes to approve
North Carolina’s April 16, 2015, SIP
revision in support of the State’s request
that EPA relax the Federal RVP
requirement from 7.8 pounds per square
inch (psi) to 9.0 psi for gasoline sold
between June 1 and September 15 of
each year (i.e., during high ozone
season) in Gaston and Mecklenburg
Counties. Specifically, EPA is proposing
to approve the State’s technical
demonstration that changing the federal
RVP requirements in Gaston and
Mecklenburg Counties from 7.8 psi to
9.0 psi will not interfere with
attainment or maintenance of any
national ambient air quality standards
(NAAQS) or with any other applicable
requirement of the CAA.1 In a separate
SIP revision which is currently under
EPA review, DAQ is requesting that EPA
redesignate the North Carolina portion
of the Charlotte 2008 8-hour Ozone Area
to attainment.2 Final action to approve
North Carolina’s requested change to the
Federal RVP requirement for Gaston and
Mecklenburg Counties is contingent, in
part, on EPA’s final action to approve
North Carolina’s redesignation request
for the North Carolina portion of the
Charlotte 2008 8-hour Ozone Area. With
its redesignation request, the State
included a maintenance demonstration
plan that estimates emissions through
2026 using a 7.8 psi RVP requirement
rather than the 9.0 psi RVP requirement.
However, through the April 16, 2015
RVP-related SIP revision (the subject of
this proposed rulemaking), DAQ
updated the mobile emissions for that
maintenance plan (including the
MVEBs) to reflect the State’s request for
EPA to change the Federal RVP
requirement for Gaston and
Mecklenburg Counties to 9.0 psi. The
updates are summarized on page 24 of
the State’s submittal titled ‘‘Charlotte
2008 Ozone Redesignation and
Maintenance SIP_with_RVP_Demo_
Final_04–16–15’’, and may be accessed
at www.regulations.gov using Docket ID
No. EPA–R04–OAR–2015–0260. This
proposed action would also update that
maintenance plan to reflect the change
1 A separate rulemaking is required for relaxation
of the current requirement to use gasoline with an
RVP of 7.8 psi in these counties. This action
proposes EPA’s evaluation of the approvability of
North Carolina’s noninterference demonstration
pursuant to section 110(l). The decision regarding
removal of Federal RVP requirements pursuant to
section 211(h) in the Area includes other
considerations evaluated at the discretion of the
Administrator. As such, the determination
regarding whether to remove the Area from those
areas subject to the section 211(h) requirements is
made through a separate rulemaking action.
2 See footnote 4 for a geographic description of
the Charlotte 2008 8-hour Ozone Area.
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for mobile emissions and the associated
MVEBs due to the proposed change in
the Federal RVP requirements for
Gaston and Mecklenburg Counties.
As mentioned above, North Carolina
is requesting the removal of the Federal
7.8 psi RVP requirement for Gaston and
Mecklenburg Counties and, as part of
that request, has evaluated whether
removal of this requirement would
interfere with attainment or
maintenance of the NAAQS. To make
this demonstration, North Carolina
completed a technical analysis to
estimate the change in emissions that
would result from a switch to 9.0 psi
RVP fuel. EPA has reviewed this
technical analysis and is proposing to
find that North Carolina’s technical
demonstration supports the conclusion
that the use of gasoline with an RVP of
9.0 psi in Gaston and Mecklenburg
Counties will not interfere with
attainment or maintenance of any
NAAQS or with any other applicable
requirement of the CAA in the Charlotte
Area.3 In addition to proposing to
approve DAQ’s noninterference
demonstration, EPA is also proposing to
approve the update to the maintenance
plan and MVEBs associated with the
State’s request to redesignate the North
Carolina portion of the Charlotte 2008 8hour Ozone Area to reflect the requested
change in the Federal RVP requirements
for Gaston and Mecklenburg Counties.
This preamble is hereinafter
organized into five parts. Section II
provides the background of the
Charlotte Area designation status with
respect to the various ozone NAAQS.
Section III describes the applicable
history of federal gasoline regulation.
Section IV provides the Agency’s policy
regarding relaxation of the volatility
standards. Section V provides EPA’s
analysis of the information submitted by
North Carolina to support a change to
the Federal RVP standard in Gaston and
Mecklenburg Counties.
II. What is the background of the
Charlotte area?
The Charlotte Area was originally
designated as a 1-hour ozone
nonattainment area by EPA on March 3,
1978 (43 FR 8962) and was
geographically defined as Mecklenburg
County, North Carolina. On November
6, 1991, by operation of law under
section 181(a) of the CAA, EPA
classified the Charlotte Area as a
moderate nonattainment area for ozone
and added Gaston County to the
3 The use of the term ‘‘Charlotte Area’’ in the
remainder of this document refers to the EPAdesignated area for the relevant NAAQS that
includes Gaston and Mecklenburg Counties.
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nonattainment area. See 56 FR 56693.
Among the requirements applicable to
nonattainment areas for the 1-hour
ozone NAAQS was the requirement to
meet certain volatility standards (known
as Reid Vapor Pressure or RVP) for
gasoline sold commercially. See 55 FR
23658 (June 11, 1990). As discussed in
section III, below, a 7.8 psi Federal RVP
requirement first applied to Gaston and
Mecklenburg Counties during the high
ozone season given its status as a
nonattainment area for the 1-hour ozone
standard.
DAQ requested a redesignation of the
Charlotte Area to attainment for the 1hour ozone NAAQS in 1993. The Area
attained the 1-hour ozone NAAQS and
was redesignated to attainment for the
1-hour ozone on July 5, 1995, based on
1990–1993 ambient air quality
monitoring data. See 60 FR 34859.
North Carolina’s 1-hour ozone
redesignation request did not include a
request to relax the 7.8 psi Federal RVP
standard.
On April 30, 2004, EPA designated
and classified areas for the 1997 8-hour
ozone NAAQS that was promulgated on
July 18, 1997, as unclassifiable/
attainment or nonattainment for the new
8-hour ozone NAAQS. See 69 FR 23857.
The Charlotte Area was designated as
nonattainment for the 1997 8-hour
ozone NAAQS with a design value of
0.100 parts per million (ppm).4
Subsequently, the Charlotte Area
attained the 1997 8-hour ozone NAAQS
with a design value of 0.082 ppm using
three years of quality assured data for
the years of 2008–2010. The Charlotte
Area was redesignated to attainment for
the 1997 8-hour ozone NAAQS in a final
rulemaking on December 2, 2013. See 78
FR 72036. North Carolina’s 1997 8-hour
ozone redesignation request did not
include a request for the removal of the
7.8 psi Federal RVP standard for the
Charlotte Area, and thus modeled 7.8
psi for Gaston and Mecklenburg
Counties to support the maintenance
demonstration.
On May 21, 2012, EPA designated and
classified areas for the 2008 8-hour
ozone NAAQS that was promulgated on
March 27, 2008, as unclassifiable/
attainment or nonattainment for the new
8-hour ozone NAAQS. See 77 FR 30088.
The Charlotte Area was designated as
nonattainment for the 2008 8-hour
4 The nonattainment area for the 1997 8-hour
ozone standard consists of Cabarrus, Gaston,
Lincoln, Mecklenburg, Rowan, Union and a portion
of Iredell County (Davidson and Coddle Creek
Townships), North Carolina and a portion of York
County, South Carolina. The 7.8 psi RVP standard
continued to apply to Gaston and Mecklenburg
counties whereas the remaining counties in the
nonattainment area are subject to the 9.0 psi RVP
standard.
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ozone NAAQS with a design value of
0.079 ppm.5 On April 16, 2015, DAQ
submitted a redesignation request and
maintenance plan for the North Carolina
portion of the Charlotte 2008 8-hour
Ozone Area for EPA’s approval. In that
submittal, the State included a
maintenance demonstration that
estimates emissions using a 7.8 psi RVP
requirement for Gaston and
Mecklenburg Counties for the 2008 8hour ozone redesignation request and
maintenance plan. EPA is taking action
on the aforementioned redesignation
request and maintenance plan in a
separate rulemaking. However, also on
April 16, 2015, to support its request for
EPA to change the Federal RVP
requirement for Gaston and
Mecklenburg Counties, DAQ submitted
a SIP revision that contains a
noninterference demonstration that
included updated modeling assuming
9.0 psi for RVP for Gaston and
Mecklenburg Counties and updates the
maintenance plan submission and
associated MVEBs for the North
Carolina portion of the Charlotte 2008 8hour Ozone Area.
III. What is the history of the gasoline
volatility requirement?
On August 19, 1987 (52 FR 31274),
EPA determined that gasoline
nationwide had become increasingly
volatile, causing an increase in
evaporative emissions from gasolinepowered vehicles and equipment.
Evaporative emissions from gasoline,
referred to as volatile organic
compounds (VOCs), are precursors to
the formation of tropospheric ozone and
contribute to the nation’s ground-level
ozone problem. Exposure to groundlevel ozone can reduce lung function
5 The nonattainment area for the 2008 8-hour
ozone standard includes the same counties in the
nonattainment area for the 1997 8-hour ozone
standard, but it has a smaller geographical
boundary than the 1997 8-hour ozone
nonattainment area. The 2008 8-hour ozone
nonattainment area includes the entire county of
Mecklenburg and portions of the following
counties: Cabarrus (Central Cabarrus, Concord,
Georgeville, Harrisburg, Kannapolis, Midland,
Mount Pleasant, Odell, Poplar Tent, New Gilead
and Rimertown Townships), Gaston (Dallas,
Crowders Mountain, Gastonia, Riverbend and South
Point Townships), Iredell (Coddle and Davidson
Townships), Lincoln (Catawba Springs, Lincolnton
and Ironton Townships), Rowan (Atwell, China
Grove, Franklin, Gold Hill, Litaker, Locke,
Providence, Salisbury, Steele and Unity Townships)
and Union (Goose Creek, Marshville, Monroe,
Sandy Ridge and Vance Townships) for North
Carolina, and a portion of York County (excluding
the Indian Country associated with the Catawba
Indian Nation) for South Carolina. Though the
number of counties remained the same for the 2008
ozone nonattainment area, Gaston and Mecklenburg
adhered the 7.8 psi RVP requirement while
remaining counties were subjected to the RVP of 9.0
psi.
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(thereby aggravating asthma or other
respiratory conditions), increase
susceptibility to respiratory infection,
and may contribute to premature death
in people with heart and lung disease.
The most common measure of fuel
volatility that is useful in evaluating
gasoline evaporative emissions is RVP.
Under section 211(c) of CAA, EPA
promulgated regulations on March 22,
1989 (54 FR 11868), that set maximum
limits for the RVP of gasoline sold
during the high ozone season. These
regulations constituted Phase I of a twophase nationwide program, which was
designed to reduce the volatility of
commercial gasoline during the summer
ozone control season. On June 11, 1990
(55 FR 23658), EPA promulgated more
stringent volatility controls as Phase II
of the volatility control program. These
requirements established maximum
RVP standards of 9.0 psi or 7.8 psi
(depending on the State, the month, and
the area’s initial ozone attainment
designation with respect to the 1-hour
ozone NAAQS during the high ozone
season).
The 1990 CAA Amendments
established a new section, 211(h), to
address fuel volatility. Section 211(h)
requires EPA to promulgate regulations
making it unlawful to sell, offer for sale,
dispense, supply, offer for supply,
transport, or introduce into commerce
gasoline with an RVP level in excess of
9.0 psi during the high ozone season.
Section 211(h) prohibits EPA from
establishing a volatility standard more
stringent than 9.0 psi in an attainment
area, except that EPA may impose a
lower (more stringent) standard in any
former ozone nonattainment area
redesignated to attainment.
On December 12, 1991 (56 FR 64704),
EPA modified the Phase II volatility
regulations to be consistent with section
211(h) of the CAA. The modified
regulations prohibited the sale of
gasoline with an RVP above 9.0 psi in
all areas designated attainment for
ozone, beginning in 1992. For areas
designated as nonattainment, the
regulations retained the original Phase II
standards published on June 11, 1990
(55 FR 23658). A current listing of the
RVP requirements for states can be
found at 40 CFR 80.27(a)(2) as well as
on EPA’s Web site at: https://
www.epa.gov/otaq/fuels/gasolinefuels/
volatility/standards.htm.
As explained in the December 12,
1991 (56 FR 64704), Phase II
rulemaking, EPA believes that
relaxation of an applicable RVP
standard is best accomplished in
conjunction with the redesignation
process. In order for an ozone
nonattainment area to be redesignated
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as an attainment area, section 107(d)(3)
of the Act requires the state to make a
showing, pursuant to section 175A of
the Act, that the area is capable of
maintaining attainment for the ozone
NAAQS for ten years after
redesignation. Depending on the area’s
circumstances, this maintenance plan
will either demonstrate that the area is
capable of maintaining attainment for
ten years without the more stringent
volatility standard or that the more
stringent volatility standard may be
necessary for the area to maintain its
attainment with the ozone NAAQS.
Therefore, in the context of a request for
redesignation, EPA will not change the
volatility standard unless the state
requests a change and the maintenance
plan demonstrates, to the satisfaction of
EPA, that the area will maintain
attainment for ten years without the
need for the more stringent volatility
standard.
As noted above, North Carolina did
not request a change of the applicable
7.8 psi Federal RVP standard when the
Charlotte Area was redesignated to
attainment for the either the 1-hour or
the 1997 8-hour ozone NAAQS. The
State, in conjunction with its request to
redesignate the North Carolina portion
of the Charlotte 2008 8-hour Ozone Area
to attainment,6 is now requesting a
change of the Federal RVP requirement
from 7.8 psi to 9.0 psi. EPA’s
consideration of this requested change
for the Federal RVP requirements for
Gaston and Mecklenburg Counties is
contingent, in part, upon EPA approving
North Carolina’s redesignation request
and maintenance plan for the North
Carolina portion of the Charlotte 2008 8hour Ozone Area. To make the
requested change in the Federal RVP
requirements for Gaston and
Mecklenburg Counties, EPA would also
have to approve the updates to North
Carolina’s maintenance plan and
MVEBs included with the State’s April
16, 2015, RVP-related SIP revision.7
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IV. What are the section 110(l)
requirements?
To support North Carolina’s request to
relax the Federal RVP requirement for
6 See footnote 4 for a geographic description of
the Charlotte NC 2008 8-hour Ozone Area.
7 The maintenance plan has to ensure
maintenance of the 0.075 ppm 2008 8-hour ozone
NAAQS which is more stringent than the 0.080
ppm 1997 8-hour ozone NAAQS.
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Gaston and Mecklenburg Counties, the
State must demonstrate that the
requested change will satisfy section
110(l) of the CAA. Section 110(l)
requires that a revision to the SIP not
interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of the Act. EPA’s criterion
for determining the approvability of
North Carolina’s April 16, 2015, RVPrelated SIP revision is whether the
noninterference demonstration
associated with the relaxation request
satisfies section 110(l).
EPA evaluates each section 110(l)
noninterference demonstration on a
case-by-case basis considering the
circumstances of each SIP revision. EPA
interprets 110(l) as applying to all
NAAQS that are in effect, including
those that have been promulgated but
for which the EPA has not yet made
designations. The degree of analysis
focused on any particular NAAQS in a
noninterference demonstration varies
depending on the nature of the
emissions associated with the proposed
SIP revision. EPA’s analysis of North
Carolina’s April 16, 2015, SIP revision
pursuant to section 110(l) is provided
below.
As previously mentioned, EPA is
proposing three actions in relation to
the State’s April 16, 2015,
noninterference demonstration. First,
EPA is proposing to approve North
Carolina’s update to the maintenance
plan associated with the State’s
redesignation request for the North
Carolina portion of the Charlotte 2008
8-hour Ozone Area to reflect modeling
of 9.0 psi for RVP for Gaston and
Mecklenburg Counties. Second, EPA is
proposing to approve the revised
MVEBs that result from the updated
mobile modeling to reflect the change in
RVP for Gaston and Mecklenburg
Counties. Third, EPA is proposing to
approve the State’s technical
demonstration that the switch to the
sale of gasoline with an RVP of 9.0 psi
in Gaston and Mecklenburg Counties
during the high ozone season will not
interfere with attainment or
maintenance of the NAAQS and to
amend the SIP to include this
demonstration. Consistent with CAA
section 211(h) and the Phase II volatility
regulations, a separate rulemaking is
required to change the current Federal
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29233
requirement to use gasoline with a 7.8
psi RVP in Gaston and Mecklenburg
Counties.
V. What is EPA’s analysis of North
Carolina’s submittal?
a. Overall Preliminary Conclusions
Regarding North Carolina’s
Noninterference Analyses
On April 16, 2015, DAQ submitted a
noninterference demonstration to
support the State’s request to modify the
RVP summertime gasoline requirement
from 7.8 psi to 9.0 psi for Gaston and
Mecklenburg Counties. This
demonstration includes an evaluation of
the impact that the removal of the 7.8
psi RVP requirement for these counties
would have on the Area’s ability to
attain or maintain the 1997 and 2008
ozone standards or other NAAQS in the
Charlotte Area.8 North Carolina’s
noninterference analysis evaluated the
impact of the change in RVP on the
Area’s ability to attain or maintain the
ozone, particulate matter (PM),9
Nitrogen Dioxide (NO2), sulfur dioxide
(SO2), and carbon monoxide (CO)
NAAQS.
DAQ’s noninterference analysis
utilized EPA’s 2014 Motor Vehicle
Emissions Simulator (MOVES) emission
modeling system to estimate emissions
for mobile sources. These mobile source
emissions are used as part of the
evaluation of the potential impacts to
the NAAQS that might result
exclusively from changing the high
ozone season RVP requirement from 7.8
psi to 9.0 psi. As summarized in Tables
1 and 2, below, the MOVES model
predicted minor increases in on-road
mobile source NOX and VOC emissions
in the North Carolina portion of the
Charlotte 2008 8-hour Ozone Area due
to relaxation of the RVP requirement.
Daily on-road mobile NOX emissions are
projected to increase by 0.11 ton in 2015
down to an increase of 0.01 ton in 2026
during the ozone season. Daily on-road
mobile VOC emissions are projected to
increase by 0.18 ton in 2015 down to an
increase of 0.04 ton in 2026 during the
ozone season.
8 The six NAAQS for which EPA establishes
health and welfare based standards are CO, lead,
NO2, ozone, PM, and SO2. RVP requirements do not
have an impact on actual or modeled lead
emissions.
9 PM is composed of PM
2.5 and PM10.
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TABLE 1—ON-ROAD MOBILE SOURCE NOX EMISSIONS (AVERAGE TONS/DAY) FOR OZONE SEASON
7.8 psi RVP
County
2014
2015
2018
2022
2026
Cabarrus 1 ............................................................................
Gaston 1 2 .............................................................................
Iredell 1 .................................................................................
Lincoln 1 ................................................................................
Mecklenburg 2 ......................................................................
Rowan 1 ................................................................................
Union 1 ..................................................................................
6.60
8.11
3.36
3.00
26.99
6.42
5.67
5.93
7.23
3.05
2.75
24.12
5.75
5.14
3.94
4.60
2.05
1.84
14.35
3.73
3.41
2.79
3.04
1.41
1.23
9.63
2.56
2.28
1.86
1.97
0.93
0.76
6.85
1.59
1.51
Total ..............................................................................
60.15
53.97
33.92
22.94
15.47
9.0 psi RVP
Cabarrus 1 ............................................................................
Gaston 1 2 .............................................................................
Iredell 1 .................................................................................
Lincoln 1 ................................................................................
Mecklenburg 2 ......................................................................
Rowan 1 ................................................................................
Union 1 ..................................................................................
........................
........................
........................
........................
........................
........................
........................
5.93
7.26
3.05
2.75
24.20
5.75
5.14
3.94
4.62
2.05
1.84
14.39
3.73
3.41
2.79
3.04
1.41
1.23
9.65
2.56
2.28
1.86
1.98
0.93
0.76
6.85
1.59
1.51
Total ..............................................................................
........................
54.08
33.98
22.96
15.48
Emissions Increase ..............................................................
........................
0.11
0.06
0.02
0.01
1 Emissions
2 Only
are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-hour Ozone Area.
Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.
TABLE 2—ON-ROAD MOBILE SOURCE VOC EMISSIONS (AVERAGE TONS/DAY) FOR OZONE SEASON
7.8 psi RVP
County
2014
2015
2018
2022
2026
Cabarrus 1 ............................................................................
Gaston 1 2 .............................................................................
Iredell 1 .................................................................................
Lincoln 1 ................................................................................
Mecklenburg 2 ......................................................................
Rowan 1 ................................................................................
Union 1 ..................................................................................
4.15
4.61
1.95
1.91
14.40
3.76
3.54
3.89
4.24
1.82
1.81
13.28
3.48
3.30
3.01
3.05
1.40
1.37
10.00
2.57
2.54
2.53
2.31
1.10
1.07
8.18
1.93
2.04
2.04
1.72
0.82
0.79
6.64
1.41
1.56
Total ..............................................................................
34.32
31.82
23.94
19.16
14.98
9.0 psi RVP
Cabarrus 1 ............................................................................
Gaston 1 2 .............................................................................
Iredell 1 .................................................................................
Lincoln 1 ................................................................................
Mecklenburg 2 ......................................................................
Rowan 1 ................................................................................
Union 1 ..................................................................................
........................
........................
........................
........................
........................
........................
........................
3.89
4.29
1.82
1.81
13.41
3.48
3.30
3.01
3.08
1.40
1.37
10.09
2.57
2.54
2.53
2.32
1.10
1.07
8.22
1.93
2.04
2.04
1.73
0.82
0.79
6.67
1.41
1.56
Total ..............................................................................
........................
32.00
24.06
19.21
15.02
Emissions Increase ..............................................................
........................
0.18
0.12
0.05
0.04
1 Emissions
tkelley on DSK3SPTVN1PROD with PROPOSALS
are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-hour Ozone Area.
2 Only Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.
Table 3, below, shows the total
estimated anthropogenic emissions of
NOX and VOC from area, point, on-road,
and nonroad source categories for the
North Carolina Portion of the Charlotte
2008 8-hour Ozone Area. Emissions
reported for 2014 assume the use of 7.8
psi RVP fuel for Gaston and
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Mecklenburg Counties whereas
emissions from 2015 through 2026
assume the use of 9.0 psi RVP fuel. NOX
and VOC emissions are projected to
continue to decrease in the Charlotte 8hour Ozone Area using 9.0 psi RVP fuel
in the entire Area for years 2015 through
2026. DAQ’s analysis also estimates that
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Fmt 4702
Sfmt 4702
RVP relaxation could increase
anthropogenic VOC emissions by 0.42
tpd in 2015 and 0.32 tpd in 2026 and
could increase anthropogenic NOX
emissions by 0.11 tpd in 2015 and 0.01
tpd in 2026.
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TABLE 3—TOTAL ANTHROPOGENIC
EMISSIONS
NOX
(tons/day)
Year
2014 ..................
2015 ..................
2018 ..................
2022 ..................
2026 ..................
Difference from
2014 to 2026
VOC
(tons/day)
130.18
124.18
94.33
86.67
67.54
113.12
111.09
104.41
101.74
100.46
¥62.64
¥12.66
b. Noninterference Analysis for the
Ozone NAAQS
As discussed above, the Charlotte
Area is currently designated as
attainment for the 1997 8-hour ozone
NAAQS, and in a separate action, EPA
is considering the State’s redesignation
request for the 2008 8-hour ozone
NAAQS. Although the Charlotte Area
was previously designated as
nonattainment for the 1997 8-hour
ozone NAAQS, the Charlotte Area was
redesignated to attainment for that
NAAQS on December 2, 2014. See 78
FR 72036.
Table 4, below, shows the safety
margins 10 from a 2014 base year with
7.8 psi RVP fuel to the years 2015, 2018,
2022, and 2026 with 9.0 psi RVP fuel for
the entire Charlotte 2008 8-hour Ozone
Area. The safety margins identified in
Table 4 indicate that the switch to 9.0
psi RVP fuel in Gaston and Mecklenburg
Counties will not interfere with the
Area’s ability to attain or maintain the
2008 8-hour ozone NAAQS.11
TABLE 4—SAFETY MARGIN—
Continued
NOX
(tons/day)
Year
2022 ..................
2026 ..................
¥43.51
¥62.64
VOC
(tons/day)
¥11.38
¥12.66
Because the 2008 8-hour ozone
NAAQS is more stringent than the 1997
8-hour ozone standard, North Carolina’s
April 16, 2015, noninterference
demonstration for the ozone NAAQS is
focused on the 2008 8-hour ozone
standard. The 2008 8-hour ozone
NAAQS is met when the annual fourthTABLE 4—SAFETY MARGIN
highest daily maximum 8-hour average
concentration, averaged over 3 years is
NOX
VOC
0.075 ppm or less. As shown in Table
Year
(tons/day)
(tons/day)
5, all of the ozone monitors in the
2014 ..................
N/A
N/A Charlotte 2008 8-hour Ozone Area are
2015 ..................
¥6.00
¥2.03 currently below the 2008 8-hour ozone
2018 ..................
¥35.85
¥8.71 standard.
TABLE 5—CHARLOTTE AREA OZONE DESIGN VALUES (PPM)
Monitor
2007–2009
Crouse ......................................................
Garinger ...................................................
Arrowood ..................................................
County Line ..............................................
Rockwell ...................................................
Enochville .................................................
Monroe .....................................................
York ..........................................................
0.076
0.082
0.076
0.086
0.083
0.083
0.076
0.072
tkelley on DSK3SPTVN1PROD with PROPOSALS
Table 5 also shows that there is an
overall downward trend in ozone
concentrations in the Charlotte 2008 8hour Ozone Area. This decline can be
attributed to Federal and State programs
that have led to significant emissions
reductions in ozone precursors. Given
this downward trend, the current ozone
concentrations in the Charlotte 2008 8hour Ozone Area, and the results of
North Carolina’s emissions analysis,
EPA has preliminarily determined that
a change to 9.0 psi RVP fuel for Gaston
and Mecklenburg Counties would not
interfere with the Area’s ability to attain
or maintain the 1997 or 2008 ozone
NAAQS in the Charlotte Area.
10 The safety margin is the difference between the
attainment level of emissions in the base year from
all source categories (point, area, on-road and
nonroad) and the projected level of emissions in
future years from all source categories.
11 The Charlotte Area is located within a NO X
limited region. A NOX-limited region is one in
which the concentration of ozone is limited by the
amount of NOX emissions. NOX and VOC are
precursors to the formation of ozone in the
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2008–2010
2009–2011
0.072
0.078
0.073
0.082
0.077
0.077
0.072
0.067
2010–2012
0.071
0.079
0.076
0.078
0.075
0.076
0.070
0.064
0.075
0.083
0.077
0.083
0.078
0.077
0.073
0.065
2011–2013
0.072
0.078
0.072
0.078
0.073
0.072
0.070
0.063
2012–2014
0.068
0.070
0.066
0.073
0.068
(12)
0.068
0.060
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 (mg/m3), based on a 3-year average
of annual mean PM2.5 concentrations,
and a 24-hour PM2.5 NAAQS of 65
mg/m3, 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 mg/m3 but revised the 24-hour
PM2.5 NAAQS to 35 mg/m3, 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 mg/m3
but revised the annual primary PM2.5
NAAQS to 12.0 mg/m3, based again on
a 3-year average of annual mean PM2.5
concentrations. See 78 FR 3086 (January
15, 2013).
EPA promulgated designations for the
1997 Annual PM2.5 NAAQS on January
5, 2005 (70 FR 944), and April 14, 2005
(70 FR 19844). The Charlotte Area was
designated unclassifiable/attainment for
the 1997 Annual PM2.5 standards. As
mentioned above, EPA revised the
Annual PM2.5 NAAQS in December
2012. EPA completed designations for
the 2012 Annual PM2.5 NAAQS for most
areas on December 14, 2015, and
designated counties in the Charlotte
Area as unclassifiable/attainment. See
80 FR 2206 (January 15, 2015).
atmosphere. In a NOX-limited area, high prevailing
concentrations of VOC from naturally-occurring
sources are present in the atmosphere to contribute
to ozone formation. Consequently, reduction of
manmade, or anthropogenic, sources of VOC
emissions generally do not result in reduced ozone
formation. Instead, reductions of NOX emissions
provide a more effective ozone reduction strategy
because reduced emissions of manmade NOX
emissions limit the amount of NOX available in the
atmosphere for ozone formation. See, e.g., The State
of the Southern Oxidants Study (SOS) Policy
Relevant Findings in Ozone and PM2.5 Pollution
Research 1995–2003 (June 30, 2004), https://
www.ncsu.edu/sos/pubs/sos3/State_of_SOS_3.pdf.
12 The Enochville monitor shut down after the
2014 monitoring season. There was not enough data
at the location to calculate a 3-year average design
value for 2012–2014.
c. Noninterference Analysis for the PM
NAAQS
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Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules
In 2013, the Charlotte Area PM2.5
design values were 9.8 mg/m3 for the
Annual PM2.5 NAAQS and 22 mg/m3 for
the 24-hour PM2.5 NAAQS. North
Carolina’s MOVES2014 modeling
predicted slight reductions of direct
PM2.5 emissions (0.23 percent reduction
in 2015 and a 0.61 percent reduction in
2026) after changing the model inputs to
reflect the proposed use of 9.0 psi RVP
fuel in Gaston and Mecklenburg
Counties. As discussed above, the
MOVES2014 modeling also predicted
small increases in NOX and VOC
emissions due to the proposed RVP
relaxation. However, EPA believes that
any resulting increase in ambient PM2.5
concentrations resulting from these
changes would not cause interference
with the PM2.5 NAAQS because the NOX
and VOC mobile emission increases
would be small in relation to the current
total emissions and because ambient
PM2.5 concentrations in the southeastern
U.S. tend to be impacted more
significantly by direct PM2.5 and SO2
emissions than by NOX and
anthropogenic VOC emissions.13 As
discussed below, the MOVES2014
model did not predict any impact on
SO2 emissions due to RVP relaxation in
Gaston and Mecklenburg Counties.
Given the current PM2.5 concentrations
in the Charlotte Area and the results of
North Carolina’s emissions analysis,
EPA has preliminarily determined that
a change to 9.0 psi RVP fuel for Gaston
and Mecklenburg Counties would not
interfere with maintenance of the 1997
Annual PM2.5 NAAQS or the 2006 24hour PM2.5 NAAQS in the Charlotte
Area.14
tkelley on DSK3SPTVN1PROD with PROPOSALS
d. Noninterference Analysis for the 2010
NO2 NAAQS
On February 17, 2012, EPA
designated all counties in North
Carolina as unclassifiable/attainment for
the 2010 NO2 NAAQS. See 77 FR 9532.
Based on the technical analysis in North
Carolina’s April 16, 2015, RVP-related
SIP revision, the projected increase in
13 The main precursors for PM
2.5 are NOX, SO2,
VOC and ammonia. There have been a number of
studies in the Southeast which have indicated that
SO2 is the primary driver of PM2.5 formation in the
Southeast. See, e.g., Journal of Environmental
Engineering- Quantifying the sources of ozone, fine
particulate matter, and regional haze in the
Southeastern United States (June 24, 2009), https://
www.journals.elsevier.com/journal-ofenvironmental-management.
14 EPA has also preliminarily determined that a
change to 9.0 psi RVP fuel in the Charlotte Area
would not interfere with maintenance of the
Annual PM10 NAAQS of 150 mg/m3 given the
results of North Carolina’s emissions analysis and
the fact that the Area is currently attaining the PM10
standard. Because PM2.5 is a component of PM10,
this preliminary determination is further supported
by the downward trend in PM2.5 identified above.
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17:21 May 20, 2015
Jkt 235001
total anthropogenic NOX emissions
associated with the change to 9.0 psi
RVP fuel for Gaston and Mecklenburg
Counties is approximately 0.11 tpd in
2015 and 0.01 tpd in 2026. Given the
current unclassifiable/attainment
designation and the results of North
Carolina’s emissions analysis, EPA has
preliminarily determined that a change
to 9.0 psi RVP fuel for Gaston and
Mecklenburg Counties would not
interfere with maintenance of the 2010
NO2 NAAQS in the Charlotte Area.
e. Noninterference Analysis for the CO
NAAQS
In November 6, 1991, Mecklenburg
County was classified as ‘‘not
classified’’ for the 1971 8-hour CO
NAAQS of 9 ppm. See 56 FR 56694.
Mecklenburg County was redesignated
to attainment for the 8-hour CO NAAQS
on August 2, 1995. See 60 FR 39258. On
August 31, 2011, EPA retained the 8hour standard and 1-hour standard. See
76 FR 54294. Gaston and Mecklenburg
Counties remain in attainment for the
1971 and 2011 1-hour and 8-hour CO
NAAQS.
North Carolina’s MOVES2014
modeling projected an increase in total
on-road mobile source CO emissions of
approximately 2.78 tpd in 2015 and 1.44
tpd in 2026 (0.71 percent and 0.60
percent of estimated total on-road
mobile source emissions in those years,
respectively) after changing the model
inputs to reflect the proposed use of 9.0
psi RVP fuel in Gaston and Mecklenburg
Counties. The 2012 and 2013 ambient
monitoring data showed maximum 8hour concentration of 1.2 ppm for the 8hour CO. Additionally, 2012 and 2013
ambient monitoring data showed
maximum 1-hour CO concentrations of
2.3 and 1.7 ppm, respectively, well
below the 35 ppm 1-hour CO NAAQS.
Given the current unclassifiable/
attainment designation, ambient
monitoring data, and the results of
North Carolina’s emissions analysis,
EPA has preliminarily determined that
a change to 9.0 psi RVP fuel for Gaston
and Mecklenburg Counties would not
interfere with maintenance of the 1971
1-hour and 8-hour CO NAAQS in the
Charlotte Area.
f. Noninterference Analysis for the SO2
NAAQS
On June 22, 2010, EPA revised the 1hour SO2 NAAQS to 75 parts per billion
(ppb) which became effective on August
23, 2010. See 75 FR 35520. On August
5, 2013, EPA designated nonattainment
only in areas with violating 2009–2011
monitoring data. EPA did not designate
any county in North Carolina for the
2010 1-hour SO2 NAAQS as part of the
PO 00000
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Fmt 4702
Sfmt 4702
initial designation. See 78 FR 47191. On
March 2, 2015, a Consent Decree was
issued by the United States District
Court for the Northern District of
California stipulating the time and
method for designating the remaining
areas in the Country.15
North Carolina’s MOVES2014
modeling did not predict any change in
SO2 emissions due to RVP relaxation.
The Charlotte Area had a design value
of 10 ppb, about 13 percent of the SO2
NAAQS. Additionally, 3 percent of total
SO2 is derived from on-road, nonroad
and area sources combined and the
remaining 97 percent from point
sources.16 For these reasons, EPA has
preliminarily determined that a change
to 9.0 psi RVP fuel for Gaston and
Mecklenburg Counties would not
interfere with maintenance of the 2012
SO2 NAAQS in the Charlotte Area.
VI. Proposed Action
EPA is proposing to approve the State
of North Carolina’s noninterference
demonstration, submitted on April 16,
2015, in support of the State’s request
that EPA change the Federal RVP
requirements for Gaston and
Mecklenburg Counties from 7.8 psi to
9.0 psi. Specifically, EPA is proposing
to find that this change in the RVP
requirements for Gaston and
Mecklenburg Counties will not interfere
with attainment or maintenance of any
NAAQS or with any other applicable
requirement of the CAA. North
Carolina’s April 16, 2015, SIP revision
also updates its maintenance plan and
the associated MVEBs related to the
State’s redesignation request for the
North Carolina portion of the 2008
Charlotte 8-hour Ozone Area to reflect
emissions changes for the requested
change to the Federal RVP
requirements. EPA is proposing to
approve those changes to update the
maintenance plan and the MVEBs. As
previously mentioned, final action on
North Carolina’s noninterference
demonstration is contingent upon EPA
approving the State’s redesignation
request and maintenance plan for the
North Carolina portion of Charlotte 2008
8-hour Ozone Area.
EPA has preliminarily determined
that North Carolina’s April 16, 2015,
RVP-related SIP revision is consistent
with the applicable provisions of the
15 Copy of the Consent Decree- https://
www.epa.gov/so2designations/pdfs/
201503FinalCourtOrder.pdf.
16 ‘‘Redesignation Demonstration and
Maintenance Plan for the Hickory (Catawba County)
and Greensboro/Winston-Salem/High Point
(Davidson and Guilford Counties) Fine Particulate
Matter Nonattainment Areas’’, submitted to the EPA
on December 18, 2009, Figure 4–2, p. 4–4).
E:\FR\FM\21MYP1.SGM
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Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules
CAA. EPA is not proposing action today
to remove the Federal 7.8 psi RVP
requirement for Gaston and
Mecklenburg Counties. Any such
proposal would occur in a separate and
subsequent rulemaking.
tkelley on DSK3SPTVN1PROD with PROPOSALS
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submittal that
complies with the provisions of the Act
and applicable federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes to approve state
law as meeting Federal requirements
and does not propose to impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, October 7,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000) nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 12, 2015.
Heather McTeer Toney
Regional Administrator, Region 4.
[FR Doc. 2015–12348 Filed 5–20–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2014–0870; FRL–9928–14–
Region 4]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Tennessee; Redesignation
of the Knoxville 2008 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
On November 14, 2014, the
State of Tennessee, through the
Tennessee Department of Environment
and Conservation (TDEC), Air Pollution
Control Division, submitted a request
for the Environmental Protection
Agency (EPA) to redesignate the
Knoxville, Tennessee 8-hour ozone
nonattainment area (hereafter referred to
as the ‘‘Knoxville Area’’ or ‘‘Area’’) to
attainment for the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) and to approve a State
Implementation Plan (SIP) revision
containing a maintenance plan and a
base year emissions inventory for the
Area. The Knoxville Area includes a
portion of Anderson County as well as
Blount and Knox Counties in their
entireties. EPA is proposing to approve
the base year emissions inventory for
the 2008 8-hour ozone NAAQS for the
SUMMARY:
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
29237
Knoxville Area; to determine that the
Knoxville Area is attaining the 2008 8hour ozone NAAQS; to approve the
State’s plan for maintaining attainment
of the 2008 8-hour ozone standard in the
Area, including the motor vehicle
emission budgets (MVEBs) for nitrogen
oxides (NOX) and volatile organic
compounds (VOC) for the years 2011
and 2026 for the Area, into the SIP; and
to redesignate the Area to attainment for
the 2008 8-hour ozone NAAQS. EPA is
also notifying the public of the status of
EPA’s adequacy determination for the
Knoxville Area MVEBs.
DATES: Comments must be received on
or before June 22, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2014–0870, 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–2014–
0870,’’ Air Regulatory Management
Section (formerly the Regulatory
Development Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2014–
0870. 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
E:\FR\FM\21MYP1.SGM
21MYP1
]]>Agencies
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Proposed Rules]
[Pages 29230-29237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12348]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0260; FRL-9928-12-Region 4]
Approval and Promulgation of Implementation Plans; North
Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor
Pressure Requirement for the Gaston and Mecklenburg Counties in North
Carolina
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State of North Carolina's April 16, 2015, revision to its
State Implementation Plan (SIP), submitted through the North Carolina
Department of Environment and Natural Resources, Division of Air
Quality (DAQ), in support of the State's request that EPA change the
Federal Reid Vapor Pressure (RVP) requirements for Gaston and
Mecklenburg Counties. This RVP-related SIP revision evaluates whether
changing the Federal RVP requirements in these counties would interfere
with the requirements of the Clean Air Act (CAA or Act). North
Carolina's April 16, 2015, RVP-related SIP revision also updates the
State's maintenance plan and the associated motor vehicle emissions
budgets (MVEBs) related to its redesignation request for the North
Carolina portion of the Charlotte-Gastonia-Salisbury 2008 8-hour ozone
nonattainment area (Charlotte 2008 Ozone Area) to reflect the requested
change in the Federal RVP requirements. EPA is also proposing to
approve these updates to the maintenance plan and associated MVEBs. EPA
has preliminarily determined that North Carolina's April 16, 2015, RVP-
related SIP revision is consistent with the applicable provisions of
the CAA.
DATES: Written comments must be received on or before June 11, 2015.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2015-0260 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2015-0260, Air Regulatory Managment Section
(formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly the Air Planning Branch), Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0260. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment
[[Page 29231]]
that is placed in the public docket and made available on the Internet.
If you submit an electronic comment, EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at 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 Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong of the Air Regulatory
Management Section, in the Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Wong may be reached by phone at (404) 562-8726 or via
electronic mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is being proposed?
II. What is the background of the Charlotte area?
III. What is the history of the gasoline volatility requirement?
IV. What are the section 110(l) requirements?
V. What is EPA's analysis of North Carolina's submittal?
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. What is being proposed?
This rulemaking proposes to approve North Carolina's April 16,
2015, SIP revision in support of the State's request that EPA relax the
Federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0
psi for gasoline sold between June 1 and September 15 of each year
(i.e., during high ozone season) in Gaston and Mecklenburg Counties.
Specifically, EPA is proposing to approve the State's technical
demonstration that changing the federal RVP requirements in Gaston and
Mecklenburg Counties from 7.8 psi to 9.0 psi will not interfere with
attainment or maintenance of any national ambient air quality standards
(NAAQS) or with any other applicable requirement of the CAA.\1\ In a
separate SIP revision which is currently under EPA review, DAQ is
requesting that EPA redesignate the North Carolina portion of the
Charlotte 2008 8-hour Ozone Area to attainment.\2\ Final action to
approve North Carolina's requested change to the Federal RVP
requirement for Gaston and Mecklenburg Counties is contingent, in part,
on EPA's final action to approve North Carolina's redesignation request
for the North Carolina portion of the Charlotte 2008 8-hour Ozone Area.
With its redesignation request, the State included a maintenance
demonstration plan that estimates emissions through 2026 using a 7.8
psi RVP requirement rather than the 9.0 psi RVP requirement. However,
through the April 16, 2015 RVP-related SIP revision (the subject of
this proposed rulemaking), DAQ updated the mobile emissions for that
maintenance plan (including the MVEBs) to reflect the State's request
for EPA to change the Federal RVP requirement for Gaston and
Mecklenburg Counties to 9.0 psi. The updates are summarized on page 24
of the State's submittal titled ``Charlotte 2008 Ozone Redesignation
and Maintenance SIP_with_RVP_Demo_Final_04-16-15'', and may be accessed
at www.regulations.gov using Docket ID No. EPA-R04-OAR-2015-0260. This
proposed action would also update that maintenance plan to reflect the
change for mobile emissions and the associated MVEBs due to the
proposed change in the Federal RVP requirements for Gaston and
Mecklenburg Counties.
---------------------------------------------------------------------------
\1\ A separate rulemaking is required for relaxation of the
current requirement to use gasoline with an RVP of 7.8 psi in these
counties. This action proposes EPA's evaluation of the approvability
of North Carolina's noninterference demonstration pursuant to
section 110(l). The decision regarding removal of Federal RVP
requirements pursuant to section 211(h) in the Area includes other
considerations evaluated at the discretion of the Administrator. As
such, the determination regarding whether to remove the Area from
those areas subject to the section 211(h) requirements is made
through a separate rulemaking action.
\2\ See footnote 4 for a geographic description of the Charlotte
2008 8-hour Ozone Area.
---------------------------------------------------------------------------
As mentioned above, North Carolina is requesting the removal of the
Federal 7.8 psi RVP requirement for Gaston and Mecklenburg Counties
and, as part of that request, has evaluated whether removal of this
requirement would interfere with attainment or maintenance of the
NAAQS. To make this demonstration, North Carolina completed a technical
analysis to estimate the change in emissions that would result from a
switch to 9.0 psi RVP fuel. EPA has reviewed this technical analysis
and is proposing to find that North Carolina's technical demonstration
supports the conclusion that the use of gasoline with an RVP of 9.0 psi
in Gaston and Mecklenburg Counties will not interfere with attainment
or maintenance of any NAAQS or with any other applicable requirement of
the CAA in the Charlotte Area.\3\ In addition to proposing to approve
DAQ's noninterference demonstration, EPA is also proposing to approve
the update to the maintenance plan and MVEBs associated with the
State's request to redesignate the North Carolina portion of the
Charlotte 2008 8-hour Ozone Area to reflect the requested change in the
Federal RVP requirements for Gaston and Mecklenburg Counties.
---------------------------------------------------------------------------
\3\ The use of the term ``Charlotte Area'' in the remainder of
this document refers to the EPA-designated area for the relevant
NAAQS that includes Gaston and Mecklenburg Counties.
---------------------------------------------------------------------------
This preamble is hereinafter organized into five parts. Section II
provides the background of the Charlotte Area designation status with
respect to the various ozone NAAQS. Section III describes the
applicable history of federal gasoline regulation. Section IV provides
the Agency's policy regarding relaxation of the volatility standards.
Section V provides EPA's analysis of the information submitted by North
Carolina to support a change to the Federal RVP standard in Gaston and
Mecklenburg Counties.
II. What is the background of the Charlotte area?
The Charlotte Area was originally designated as a 1-hour ozone
nonattainment area by EPA on March 3, 1978 (43 FR 8962) and was
geographically defined as Mecklenburg County, North Carolina. On
November 6, 1991, by operation of law under section 181(a) of the CAA,
EPA classified the Charlotte Area as a moderate nonattainment area for
ozone and added Gaston County to the
[[Page 29232]]
nonattainment area. See 56 FR 56693. Among the requirements applicable
to nonattainment areas for the 1-hour ozone NAAQS was the requirement
to meet certain volatility standards (known as Reid Vapor Pressure or
RVP) for gasoline sold commercially. See 55 FR 23658 (June 11, 1990).
As discussed in section III, below, a 7.8 psi Federal RVP requirement
first applied to Gaston and Mecklenburg Counties during the high ozone
season given its status as a nonattainment area for the 1-hour ozone
standard.
DAQ requested a redesignation of the Charlotte Area to attainment
for the 1-hour ozone NAAQS in 1993. The Area attained the 1-hour ozone
NAAQS and was redesignated to attainment for the 1-hour ozone on July
5, 1995, based on 1990-1993 ambient air quality monitoring data. See 60
FR 34859. North Carolina's 1-hour ozone redesignation request did not
include a request to relax the 7.8 psi Federal RVP standard.
On April 30, 2004, EPA designated and classified areas for the 1997
8-hour ozone NAAQS that was promulgated on July 18, 1997, as
unclassifiable/attainment or nonattainment for the new 8-hour ozone
NAAQS. See 69 FR 23857. The Charlotte Area was designated as
nonattainment for the 1997 8-hour ozone NAAQS with a design value of
0.100 parts per million (ppm).\4\ Subsequently, the Charlotte Area
attained the 1997 8-hour ozone NAAQS with a design value of 0.082 ppm
using three years of quality assured data for the years of 2008-2010.
The Charlotte Area was redesignated to attainment for the 1997 8-hour
ozone NAAQS in a final rulemaking on December 2, 2013. See 78 FR 72036.
North Carolina's 1997 8-hour ozone redesignation request did not
include a request for the removal of the 7.8 psi Federal RVP standard
for the Charlotte Area, and thus modeled 7.8 psi for Gaston and
Mecklenburg Counties to support the maintenance demonstration.
---------------------------------------------------------------------------
\4\ The nonattainment area for the 1997 8-hour ozone standard
consists of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union and
a portion of Iredell County (Davidson and Coddle Creek Townships),
North Carolina and a portion of York County, South Carolina. The 7.8
psi RVP standard continued to apply to Gaston and Mecklenburg
counties whereas the remaining counties in the nonattainment area
are subject to the 9.0 psi RVP standard.
---------------------------------------------------------------------------
On May 21, 2012, EPA designated and classified areas for the 2008
8-hour ozone NAAQS that was promulgated on March 27, 2008, as
unclassifiable/attainment or nonattainment for the new 8-hour ozone
NAAQS. See 77 FR 30088. The Charlotte Area was designated as
nonattainment for the 2008 8-hour ozone NAAQS with a design value of
0.079 ppm.\5\ On April 16, 2015, DAQ submitted a redesignation request
and maintenance plan for the North Carolina portion of the Charlotte
2008 8-hour Ozone Area for EPA's approval. In that submittal, the State
included a maintenance demonstration that estimates emissions using a
7.8 psi RVP requirement for Gaston and Mecklenburg Counties for the
2008 8-hour ozone redesignation request and maintenance plan. EPA is
taking action on the aforementioned redesignation request and
maintenance plan in a separate rulemaking. However, also on April 16,
2015, to support its request for EPA to change the Federal RVP
requirement for Gaston and Mecklenburg Counties, DAQ submitted a SIP
revision that contains a noninterference demonstration that included
updated modeling assuming 9.0 psi for RVP for Gaston and Mecklenburg
Counties and updates the maintenance plan submission and associated
MVEBs for the North Carolina portion of the Charlotte 2008 8-hour Ozone
Area.
---------------------------------------------------------------------------
\5\ The nonattainment area for the 2008 8-hour ozone standard
includes the same counties in the nonattainment area for the 1997 8-
hour ozone standard, but it has a smaller geographical boundary than
the 1997 8-hour ozone nonattainment area. The 2008 8-hour ozone
nonattainment area includes the entire county of Mecklenburg and
portions of the following counties: Cabarrus (Central Cabarrus,
Concord, Georgeville, Harrisburg, Kannapolis, Midland, Mount
Pleasant, Odell, Poplar Tent, New Gilead and Rimertown Townships),
Gaston (Dallas, Crowders Mountain, Gastonia, Riverbend and South
Point Townships), Iredell (Coddle and Davidson Townships), Lincoln
(Catawba Springs, Lincolnton and Ironton Townships), Rowan (Atwell,
China Grove, Franklin, Gold Hill, Litaker, Locke, Providence,
Salisbury, Steele and Unity Townships) and Union (Goose Creek,
Marshville, Monroe, Sandy Ridge and Vance Townships) for North
Carolina, and a portion of York County (excluding the Indian Country
associated with the Catawba Indian Nation) for South Carolina.
Though the number of counties remained the same for the 2008 ozone
nonattainment area, Gaston and Mecklenburg adhered the 7.8 psi RVP
requirement while remaining counties were subjected to the RVP of
9.0 psi.
---------------------------------------------------------------------------
III. What is the history of the gasoline volatility requirement?
On August 19, 1987 (52 FR 31274), EPA determined that gasoline
nationwide had become increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as volatile organic
compounds (VOCs), are precursors to the formation of tropospheric ozone
and contribute to the nation's ground-level ozone problem. Exposure to
ground-level ozone can reduce lung function (thereby aggravating asthma
or other respiratory conditions), increase susceptibility to
respiratory infection, and may contribute to premature death in people
with heart and lung disease.
The most common measure of fuel volatility that is useful in
evaluating gasoline evaporative emissions is RVP. Under section 211(c)
of CAA, EPA promulgated regulations on March 22, 1989 (54 FR 11868),
that set maximum limits for the RVP of gasoline sold during the high
ozone season. These regulations constituted Phase I of a two-phase
nationwide program, which was designed to reduce the volatility of
commercial gasoline during the summer ozone control season. On June 11,
1990 (55 FR 23658), EPA promulgated more stringent volatility controls
as Phase II of the volatility control program. These requirements
established maximum RVP standards of 9.0 psi or 7.8 psi (depending on
the State, the month, and the area's initial ozone attainment
designation with respect to the 1-hour ozone NAAQS during the high
ozone season).
The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h) requires EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high ozone
season. Section 211(h) prohibits EPA from establishing a volatility
standard more stringent than 9.0 psi in an attainment area, except that
EPA may impose a lower (more stringent) standard in any former ozone
nonattainment area redesignated to attainment.
On December 12, 1991 (56 FR 64704), EPA modified the Phase II
volatility regulations to be consistent with section 211(h) of the CAA.
The modified regulations prohibited the sale of gasoline with an RVP
above 9.0 psi in all areas designated attainment for ozone, beginning
in 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658). A current listing of the RVP requirements for states can be
found at 40 CFR 80.27(a)(2) as well as on EPA's Web site at: https://www.epa.gov/otaq/fuels/gasolinefuels/volatility/standards.htm.
As explained in the December 12, 1991 (56 FR 64704), Phase II
rulemaking, EPA believes that relaxation of an applicable RVP standard
is best accomplished in conjunction with the redesignation process. In
order for an ozone nonattainment area to be redesignated
[[Page 29233]]
as an attainment area, section 107(d)(3) of the Act requires the state
to make a showing, pursuant to section 175A of the Act, that the area
is capable of maintaining attainment for the ozone NAAQS for ten years
after redesignation. Depending on the area's circumstances, this
maintenance plan will either demonstrate that the area is capable of
maintaining attainment for ten years without the more stringent
volatility standard or that the more stringent volatility standard may
be necessary for the area to maintain its attainment with the ozone
NAAQS. Therefore, in the context of a request for redesignation, EPA
will not change the volatility standard unless the state requests a
change and the maintenance plan demonstrates, to the satisfaction of
EPA, that the area will maintain attainment for ten years without the
need for the more stringent volatility standard.
As noted above, North Carolina did not request a change of the
applicable 7.8 psi Federal RVP standard when the Charlotte Area was
redesignated to attainment for the either the 1-hour or the 1997 8-hour
ozone NAAQS. The State, in conjunction with its request to redesignate
the North Carolina portion of the Charlotte 2008 8-hour Ozone Area to
attainment,\6\ is now requesting a change of the Federal RVP
requirement from 7.8 psi to 9.0 psi. EPA's consideration of this
requested change for the Federal RVP requirements for Gaston and
Mecklenburg Counties is contingent, in part, upon EPA approving North
Carolina's redesignation request and maintenance plan for the North
Carolina portion of the Charlotte 2008 8-hour Ozone Area. To make the
requested change in the Federal RVP requirements for Gaston and
Mecklenburg Counties, EPA would also have to approve the updates to
North Carolina's maintenance plan and MVEBs included with the State's
April 16, 2015, RVP-related SIP revision.\7\
---------------------------------------------------------------------------
\6\ See footnote 4 for a geographic description of the Charlotte
NC 2008 8-hour Ozone Area.
\7\ The maintenance plan has to ensure maintenance of the 0.075
ppm 2008 8-hour ozone NAAQS which is more stringent than the 0.080
ppm 1997 8-hour ozone NAAQS.
---------------------------------------------------------------------------
IV. What are the section 110(l) requirements?
To support North Carolina's request to relax the Federal RVP
requirement for Gaston and Mecklenburg Counties, the State must
demonstrate that the requested change will satisfy section 110(l) of
the CAA. Section 110(l) requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of the Act. EPA's criterion for determining the
approvability of North Carolina's April 16, 2015, RVP-related SIP
revision is whether the noninterference demonstration associated with
the relaxation request satisfies section 110(l).
EPA evaluates each section 110(l) noninterference demonstration on
a case-by-case basis considering the circumstances of each SIP
revision. EPA interprets 110(l) as applying to all NAAQS that are in
effect, including those that have been promulgated but for which the
EPA has not yet made designations. The degree of analysis focused on
any particular NAAQS in a noninterference demonstration varies
depending on the nature of the emissions associated with the proposed
SIP revision. EPA's analysis of North Carolina's April 16, 2015, SIP
revision pursuant to section 110(l) is provided below.
As previously mentioned, EPA is proposing three actions in relation
to the State's April 16, 2015, noninterference demonstration. First,
EPA is proposing to approve North Carolina's update to the maintenance
plan associated with the State's redesignation request for the North
Carolina portion of the Charlotte 2008 8-hour Ozone Area to reflect
modeling of 9.0 psi for RVP for Gaston and Mecklenburg Counties.
Second, EPA is proposing to approve the revised MVEBs that result from
the updated mobile modeling to reflect the change in RVP for Gaston and
Mecklenburg Counties. Third, EPA is proposing to approve the State's
technical demonstration that the switch to the sale of gasoline with an
RVP of 9.0 psi in Gaston and Mecklenburg Counties during the high ozone
season will not interfere with attainment or maintenance of the NAAQS
and to amend the SIP to include this demonstration. Consistent with CAA
section 211(h) and the Phase II volatility regulations, a separate
rulemaking is required to change the current Federal requirement to use
gasoline with a 7.8 psi RVP in Gaston and Mecklenburg Counties.
V. What is EPA's analysis of North Carolina's submittal?
a. Overall Preliminary Conclusions Regarding North Carolina's
Noninterference Analyses
On April 16, 2015, DAQ submitted a noninterference demonstration to
support the State's request to modify the RVP summertime gasoline
requirement from 7.8 psi to 9.0 psi for Gaston and Mecklenburg
Counties. This demonstration includes an evaluation of the impact that
the removal of the 7.8 psi RVP requirement for these counties would
have on the Area's ability to attain or maintain the 1997 and 2008
ozone standards or other NAAQS in the Charlotte Area.\8\ North
Carolina's noninterference analysis evaluated the impact of the change
in RVP on the Area's ability to attain or maintain the ozone,
particulate matter (PM),\9\ Nitrogen Dioxide (NO2), sulfur
dioxide (SO2), and carbon monoxide (CO) NAAQS.
---------------------------------------------------------------------------
\8\ The six NAAQS for which EPA establishes health and welfare
based standards are CO, lead, NO2, ozone, PM, and
SO2. RVP requirements do not have an impact on actual or
modeled lead emissions.
\9\ PM is composed of PM2.5 and PM10.
---------------------------------------------------------------------------
DAQ's noninterference analysis utilized EPA's 2014 Motor Vehicle
Emissions Simulator (MOVES) emission modeling system to estimate
emissions for mobile sources. These mobile source emissions are used as
part of the evaluation of the potential impacts to the NAAQS that might
result exclusively from changing the high ozone season RVP requirement
from 7.8 psi to 9.0 psi. As summarized in Tables 1 and 2, below, the
MOVES model predicted minor increases in on-road mobile source
NOX and VOC emissions in the North Carolina portion of the
Charlotte 2008 8-hour Ozone Area due to relaxation of the RVP
requirement. Daily on-road mobile NOX emissions are
projected to increase by 0.11 ton in 2015 down to an increase of 0.01
ton in 2026 during the ozone season. Daily on-road mobile VOC emissions
are projected to increase by 0.18 ton in 2015 down to an increase of
0.04 ton in 2026 during the ozone season.
[[Page 29234]]
Table 1--On-Road Mobile Source NOX Emissions (Average Tons/Day) for Ozone Season
----------------------------------------------------------------------------------------------------------------
7.8 psi RVP
County -------------------------------------------------------------------------------
2014 2015 2018 2022 2026
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\.................... 6.60 5.93 3.94 2.79 1.86
Gaston \1\ \2\.................. 8.11 7.23 4.60 3.04 1.97
Iredell \1\..................... 3.36 3.05 2.05 1.41 0.93
Lincoln \1\..................... 3.00 2.75 1.84 1.23 0.76
Mecklenburg \2\................. 26.99 24.12 14.35 9.63 6.85
Rowan \1\....................... 6.42 5.75 3.73 2.56 1.59
Union \1\....................... 5.67 5.14 3.41 2.28 1.51
-------------------------------------------------------------------------------
Total....................... 60.15 53.97 33.92 22.94 15.47
----------------------------------------------------------------------------------------------------------------
9.0 psi RVP
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\.................... .............. 5.93 3.94 2.79 1.86
Gaston \1\ \2\.................. .............. 7.26 4.62 3.04 1.98
Iredell \1\..................... .............. 3.05 2.05 1.41 0.93
Lincoln \1\..................... .............. 2.75 1.84 1.23 0.76
Mecklenburg \2\................. .............. 24.20 14.39 9.65 6.85
Rowan \1\....................... .............. 5.75 3.73 2.56 1.59
Union \1\....................... .............. 5.14 3.41 2.28 1.51
-------------------------------------------------------------------------------
Total....................... .............. 54.08 33.98 22.96 15.48
----------------------------------------------------------------------------------------------------------------
Emissions Increase.............. .............. 0.11 0.06 0.02 0.01
----------------------------------------------------------------------------------------------------------------
\1\ Emissions are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-
hour Ozone Area.
\2\ Only Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.
Table 2--On-Road Mobile Source VOC Emissions (Average Tons/Day) for Ozone Season
----------------------------------------------------------------------------------------------------------------
7.8 psi RVP
County -------------------------------------------------------------------------------
2014 2015 2018 2022 2026
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\.................... 4.15 3.89 3.01 2.53 2.04
Gaston \1\ \2\.................. 4.61 4.24 3.05 2.31 1.72
Iredell \1\..................... 1.95 1.82 1.40 1.10 0.82
Lincoln \1\..................... 1.91 1.81 1.37 1.07 0.79
Mecklenburg \2\................. 14.40 13.28 10.00 8.18 6.64
Rowan \1\....................... 3.76 3.48 2.57 1.93 1.41
Union \1\....................... 3.54 3.30 2.54 2.04 1.56
-------------------------------------------------------------------------------
Total....................... 34.32 31.82 23.94 19.16 14.98
----------------------------------------------------------------------------------------------------------------
9.0 psi RVP
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\.................... .............. 3.89 3.01 2.53 2.04
Gaston \1\ \2\.................. .............. 4.29 3.08 2.32 1.73
Iredell \1\..................... .............. 1.82 1.40 1.10 0.82
Lincoln \1\..................... .............. 1.81 1.37 1.07 0.79
Mecklenburg \2\................. .............. 13.41 10.09 8.22 6.67
Rowan \1\....................... .............. 3.48 2.57 1.93 1.41
Union \1\....................... .............. 3.30 2.54 2.04 1.56
-------------------------------------------------------------------------------
Total....................... .............. 32.00 24.06 19.21 15.02
----------------------------------------------------------------------------------------------------------------
Emissions Increase.............. .............. 0.18 0.12 0.05 0.04
----------------------------------------------------------------------------------------------------------------
\1\ Emissions are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-
hour Ozone Area.
\2\ Only Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.
Table 3, below, shows the total estimated anthropogenic emissions
of NOX and VOC from area, point, on-road, and nonroad source
categories for the North Carolina Portion of the Charlotte 2008 8-hour
Ozone Area. Emissions reported for 2014 assume the use of 7.8 psi RVP
fuel for Gaston and Mecklenburg Counties whereas emissions from 2015
through 2026 assume the use of 9.0 psi RVP fuel. NOX and VOC
emissions are projected to continue to decrease in the Charlotte 8-hour
Ozone Area using 9.0 psi RVP fuel in the entire Area for years 2015
through 2026. DAQ's analysis also estimates that RVP relaxation could
increase anthropogenic VOC emissions by 0.42 tpd in 2015 and 0.32 tpd
in 2026 and could increase anthropogenic NOX emissions by
0.11 tpd in 2015 and 0.01 tpd in 2026.
[[Page 29235]]
Table 3--Total Anthropogenic Emissions
------------------------------------------------------------------------
NOX (tons/ VOC (tons/
Year day) day)
------------------------------------------------------------------------
2014.......................................... 130.18 113.12
2015.......................................... 124.18 111.09
2018.......................................... 94.33 104.41
2022.......................................... 86.67 101.74
2026.......................................... 67.54 100.46
Difference from 2014 to 2026.................. -62.64 -12.66
------------------------------------------------------------------------
b. Noninterference Analysis for the Ozone NAAQS
As discussed above, the Charlotte Area is currently designated as
attainment for the 1997 8-hour ozone NAAQS, and in a separate action,
EPA is considering the State's redesignation request for the 2008 8-
hour ozone NAAQS. Although the Charlotte Area was previously designated
as nonattainment for the 1997 8-hour ozone NAAQS, the Charlotte Area
was redesignated to attainment for that NAAQS on December 2, 2014. See
78 FR 72036.
Table 4, below, shows the safety margins \10\ from a 2014 base year
with 7.8 psi RVP fuel to the years 2015, 2018, 2022, and 2026 with 9.0
psi RVP fuel for the entire Charlotte 2008 8-hour Ozone Area. The
safety margins identified in Table 4 indicate that the switch to 9.0
psi RVP fuel in Gaston and Mecklenburg Counties will not interfere with
the Area's ability to attain or maintain the 2008 8-hour ozone
NAAQS.\11\
---------------------------------------------------------------------------
\10\ The safety margin is the difference between the attainment
level of emissions in the base year from all source categories
(point, area, on-road and nonroad) and the projected level of
emissions in future years from all source categories.
\11\ The Charlotte Area is located within a NOX-
limited region. A NOX-limited region is one in which the
concentration of ozone is limited by the amount of NOX
emissions. NOX and VOC are precursors to the formation of
ozone in the atmosphere. In a NOX-limited area, high
prevailing concentrations of VOC from naturally-occurring sources
are present in the atmosphere to contribute to ozone formation.
Consequently, reduction of manmade, or anthropogenic, sources of VOC
emissions generally do not result in reduced ozone formation.
Instead, reductions of NOX emissions provide a more
effective ozone reduction strategy because reduced emissions of
manmade NOX emissions limit the amount of NOX
available in the atmosphere for ozone formation. See, e.g., The
State of the Southern Oxidants Study (SOS) Policy Relevant Findings
in Ozone and PM2.5 Pollution Research 1995-2003 (June 30, 2004),
https://www.ncsu.edu/sos/pubs/sos3/State_of_SOS_3.pdf.
Table 4--Safety Margin
------------------------------------------------------------------------
NOX (tons/ VOC (tons/
Year day) day)
------------------------------------------------------------------------
2014.......................................... N/A N/A
2015.......................................... -6.00 -2.03
2018.......................................... -35.85 -8.71
2022.......................................... -43.51 -11.38
2026.......................................... -62.64 -12.66
------------------------------------------------------------------------
Because the 2008 8-hour ozone NAAQS is more stringent than the 1997
8-hour ozone standard, North Carolina's April 16, 2015, noninterference
demonstration for the ozone NAAQS is focused on the 2008 8-hour ozone
standard. The 2008 8-hour ozone NAAQS is met when the annual fourth-
highest daily maximum 8-hour average concentration, averaged over 3
years is 0.075 ppm or less. As shown in Table 5, all of the ozone
monitors in the Charlotte 2008 8-hour Ozone Area are currently below
the 2008 8-hour ozone standard.
Table 5--Charlotte Area Ozone Design Values (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monitor 2007-2009 2008-2010 2009-2011 2010-2012 2011-2013 2012-2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
Crouse.................................................. 0.076 0.072 0.071 0.075 0.072 0.068
Garinger................................................ 0.082 0.078 0.079 0.083 0.078 0.070
Arrowood................................................ 0.076 0.073 0.076 0.077 0.072 0.066
County Line............................................. 0.086 0.082 0.078 0.083 0.078 0.073
Rockwell................................................ 0.083 0.077 0.075 0.078 0.073 0.068
Enochville.............................................. 0.083 0.077 0.076 0.077 0.072 (\12\)
Monroe.................................................. 0.076 0.072 0.070 0.073 0.070 0.068
York.................................................... 0.072 0.067 0.064 0.065 0.063 0.060
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5 also shows that there is an overall downward trend in ozone
concentrations in the Charlotte 2008 8-hour Ozone Area. This decline
can be attributed to Federal and State programs that have led to
significant emissions reductions in ozone precursors. Given this
downward trend, the current ozone concentrations in the Charlotte 2008
8-hour Ozone Area, and the results of North Carolina's emissions
analysis, EPA has preliminarily determined that a change to 9.0 psi RVP
fuel for Gaston and Mecklenburg Counties would not interfere with the
Area's ability to attain or maintain the 1997 or 2008 ozone NAAQS in
the Charlotte Area.
---------------------------------------------------------------------------
\12\ The Enochville monitor shut down after the 2014 monitoring
season. There was not enough data at the location to calculate a 3-
year average design value for 2012-2014.
---------------------------------------------------------------------------
c. Noninterference Analysis for the PM NAAQS
Over the course of several years, EPA has reviewed and revised the
PM2.5 NAAQS a number of times. On July 16, 1997, EPA
established an annual PM2.5 NAAQS of 15.0 micrograms per
cubic meter ([mu]g/m\3\), based on a 3-year average of annual mean
PM2.5 concentrations, and a 24-hour PM2.5 NAAQS
of 65 [mu]g/m\3\, based on a 3-year average of the 98th percentile of
24-hour concentrations. See 62 FR 36852 (July 18, 1997). On September
21, 2006, EPA retained the 1997 Annual PM2.5 NAAQS of 15.0
[mu]g/m\3\ but revised the 24-hour PM2.5 NAAQS to 35 [mu]g/
m\3\, based again on a 3-year average of the 98th percentile of 24-hour
concentrations. See 71 FR 61144 (October 17, 2006). On December 14,
2012, EPA retained the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/
m\3\ but revised the annual primary PM2.5 NAAQS to 12.0
[mu]g/m\3\, based again on a 3-year average of annual mean
PM2.5 concentrations. See 78 FR 3086 (January 15, 2013).
EPA promulgated designations for the 1997 Annual PM2.5
NAAQS on January 5, 2005 (70 FR 944), and April 14, 2005 (70 FR 19844).
The Charlotte Area was designated unclassifiable/attainment for the
1997 Annual PM2.5 standards. As mentioned above, EPA revised
the Annual PM2.5 NAAQS in December 2012. EPA completed
designations for the 2012 Annual PM2.5 NAAQS for most areas
on December 14, 2015, and designated counties in the Charlotte Area as
unclassifiable/attainment. See 80 FR 2206 (January 15, 2015).
[[Page 29236]]
In 2013, the Charlotte Area PM2.5 design values were 9.8
[mu]g/m\3\ for the Annual PM2.5 NAAQS and 22 [mu]g/m\3\ for
the 24-hour PM2.5 NAAQS. North Carolina's MOVES2014 modeling
predicted slight reductions of direct PM2.5 emissions (0.23
percent reduction in 2015 and a 0.61 percent reduction in 2026) after
changing the model inputs to reflect the proposed use of 9.0 psi RVP
fuel in Gaston and Mecklenburg Counties. As discussed above, the
MOVES2014 modeling also predicted small increases in NOX and
VOC emissions due to the proposed RVP relaxation. However, EPA believes
that any resulting increase in ambient PM2.5 concentrations
resulting from these changes would not cause interference with the
PM2.5 NAAQS because the NOX and VOC mobile
emission increases would be small in relation to the current total
emissions and because ambient PM2.5 concentrations in the
southeastern U.S. tend to be impacted more significantly by direct
PM2.5 and SO2 emissions than by NOX
and anthropogenic VOC emissions.\13\ As discussed below, the MOVES2014
model did not predict any impact on SO2 emissions due to RVP
relaxation in Gaston and Mecklenburg Counties. Given the current
PM2.5 concentrations in the Charlotte Area and the results
of North Carolina's emissions analysis, EPA has preliminarily
determined that a change to 9.0 psi RVP fuel for Gaston and Mecklenburg
Counties would not interfere with maintenance of the 1997 Annual
PM2.5 NAAQS or the 2006 24-hour PM2.5 NAAQS in
the Charlotte Area.\14\
---------------------------------------------------------------------------
\13\ The main precursors for PM2.5 are
NOX, SO2, VOC and ammonia. There have been a
number of studies in the Southeast which have indicated that
SO2 is the primary driver of PM2.5 formation
in the Southeast. See, e.g., Journal of Environmental Engineering-
Quantifying the sources of ozone, fine particulate matter, and
regional haze in the Southeastern United States (June 24, 2009),
https://www.journals.elsevier.com/journal-of-environmental-management.
\14\ EPA has also preliminarily determined that a change to 9.0
psi RVP fuel in the Charlotte Area would not interfere with
maintenance of the Annual PM10 NAAQS of 150 [micro]g/m\3\
given the results of North Carolina's emissions analysis and the
fact that the Area is currently attaining the PM10
standard. Because PM2.5 is a component of
PM10, this preliminary determination is further supported
by the downward trend in PM2.5 identified above.
---------------------------------------------------------------------------
d. Noninterference Analysis for the 2010 NO2 NAAQS
On February 17, 2012, EPA designated all counties in North Carolina
as unclassifiable/attainment for the 2010 NO2 NAAQS. See 77
FR 9532. Based on the technical analysis in North Carolina's April 16,
2015, RVP-related SIP revision, the projected increase in total
anthropogenic NOX emissions associated with the change to
9.0 psi RVP fuel for Gaston and Mecklenburg Counties is approximately
0.11 tpd in 2015 and 0.01 tpd in 2026. Given the current
unclassifiable/attainment designation and the results of North
Carolina's emissions analysis, EPA has preliminarily determined that a
change to 9.0 psi RVP fuel for Gaston and Mecklenburg Counties would
not interfere with maintenance of the 2010 NO2 NAAQS in the
Charlotte Area.
e. Noninterference Analysis for the CO NAAQS
In November 6, 1991, Mecklenburg County was classified as ``not
classified'' for the 1971 8-hour CO NAAQS of 9 ppm. See 56 FR 56694.
Mecklenburg County was redesignated to attainment for the 8-hour CO
NAAQS on August 2, 1995. See 60 FR 39258. On August 31, 2011, EPA
retained the 8-hour standard and 1-hour standard. See 76 FR 54294.
Gaston and Mecklenburg Counties remain in attainment for the 1971 and
2011 1-hour and 8-hour CO NAAQS.
North Carolina's MOVES2014 modeling projected an increase in total
on-road mobile source CO emissions of approximately 2.78 tpd in 2015
and 1.44 tpd in 2026 (0.71 percent and 0.60 percent of estimated total
on-road mobile source emissions in those years, respectively) after
changing the model inputs to reflect the proposed use of 9.0 psi RVP
fuel in Gaston and Mecklenburg Counties. The 2012 and 2013 ambient
monitoring data showed maximum 8-hour concentration of 1.2 ppm for the
8-hour CO. Additionally, 2012 and 2013 ambient monitoring data showed
maximum 1-hour CO concentrations of 2.3 and 1.7 ppm, respectively, well
below the 35 ppm 1-hour CO NAAQS. Given the current unclassifiable/
attainment designation, ambient monitoring data, and the results of
North Carolina's emissions analysis, EPA has preliminarily determined
that a change to 9.0 psi RVP fuel for Gaston and Mecklenburg Counties
would not interfere with maintenance of the 1971 1-hour and 8-hour CO
NAAQS in the Charlotte Area.
f. Noninterference Analysis for the SO2 NAAQS
On June 22, 2010, EPA revised the 1-hour SO2 NAAQS to 75
parts per billion (ppb) which became effective on August 23, 2010. See
75 FR 35520. On August 5, 2013, EPA designated nonattainment only in
areas with violating 2009-2011 monitoring data. EPA did not designate
any county in North Carolina for the 2010 1-hour SO2 NAAQS
as part of the initial designation. See 78 FR 47191. On March 2, 2015,
a Consent Decree was issued by the United States District Court for the
Northern District of California stipulating the time and method for
designating the remaining areas in the Country.\15\
---------------------------------------------------------------------------
\15\ Copy of the Consent Decree- https://www.epa.gov/so2designations/pdfs/201503FinalCourtOrder.pdf.
---------------------------------------------------------------------------
North Carolina's MOVES2014 modeling did not predict any change in
SO2 emissions due to RVP relaxation. The Charlotte Area had
a design value of 10 ppb, about 13 percent of the SO2 NAAQS.
Additionally, 3 percent of total SO2 is derived from on-
road, nonroad and area sources combined and the remaining 97 percent
from point sources.\16\ For these reasons, EPA has preliminarily
determined that a change to 9.0 psi RVP fuel for Gaston and Mecklenburg
Counties would not interfere with maintenance of the 2012
SO2 NAAQS in the Charlotte Area.
---------------------------------------------------------------------------
\16\ ``Redesignation Demonstration and Maintenance Plan for the
Hickory (Catawba County) and Greensboro/Winston-Salem/High Point
(Davidson and Guilford Counties) Fine Particulate Matter
Nonattainment Areas'', submitted to the EPA on December 18, 2009,
Figure 4-2, p. 4-4).
---------------------------------------------------------------------------
VI. Proposed Action
EPA is proposing to approve the State of North Carolina's
noninterference demonstration, submitted on April 16, 2015, in support
of the State's request that EPA change the Federal RVP requirements for
Gaston and Mecklenburg Counties from 7.8 psi to 9.0 psi. Specifically,
EPA is proposing to find that this change in the RVP requirements for
Gaston and Mecklenburg Counties will not interfere with attainment or
maintenance of any NAAQS or with any other applicable requirement of
the CAA. North Carolina's April 16, 2015, SIP revision also updates its
maintenance plan and the associated MVEBs related to the State's
redesignation request for the North Carolina portion of the 2008
Charlotte 8-hour Ozone Area to reflect emissions changes for the
requested change to the Federal RVP requirements. EPA is proposing to
approve those changes to update the maintenance plan and the MVEBs. As
previously mentioned, final action on North Carolina's noninterference
demonstration is contingent upon EPA approving the State's
redesignation request and maintenance plan for the North Carolina
portion of Charlotte 2008 8-hour Ozone Area.
EPA has preliminarily determined that North Carolina's April 16,
2015, RVP-related SIP revision is consistent with the applicable
provisions of the
[[Page 29237]]
CAA. EPA is not proposing action today to remove the Federal 7.8 psi
RVP requirement for Gaston and Mecklenburg Counties. Any such proposal
would occur in a separate and subsequent rulemaking.
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submittal that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting Federal
requirements and does not propose to impose additional requirements
beyond those imposed by state law. For that reason, this proposed
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, October 7, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000) nor
will it impose substantial direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 12, 2015.
Heather McTeer Toney
Regional Administrator, Region 4.
[FR Doc. 2015-12348 Filed 5-20-15; 8:45 am]
BILLING CODE 6560-50-P
