Approval of North Carolina's Request To Relax the Federal Reid Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston Counties, 49164-49168 [2015-20243]

Download as PDF 49164 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations medications, and regular health screenings as determined necessary by a licensed veterinarian consistent with local veterinary practice standards. Proof of compliance with these requirements must be documented and accessible in the VA CLC or MHRRTP. (F) Animals may be present on NCA property for ceremonial purposes during committal services, interments, and other memorials, if the presence of such animals would not compromise public safety, facilities and grounds care, and maintenance control standards. (x) For purposes of this section, a disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of the individual; a record of such an impairment; or being regarded as having such an impairment. (OMB has approved the information collection requirements in this section under control number XXXX–XXXX.) * * * * * (Authority: 38 U.S.C. 901, 40 U.S.C. 3103) [FR Doc. 2015–20182 Filed 8–14–15; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA–HQ–OAR–2015–0208; FRL–9931–94– OAR] RIN 2060–AS64 Approval of North Carolina’s Request To Relax the Federal Reid Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston Counties Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a request from the state of North Carolina for the EPA to relax the Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for Mecklenburg and Gaston counties. Specifically, the EPA is approving amendments to the regulations to allow the RVP standard for the two counties to rise from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. The EPA has determined that this change to the federal RVP regulation is consistent with the applicable provisions of the Clean Air Act (CAA). This action is being taken without prior proposal because the EPA believes that this tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:26 Aug 14, 2015 Jkt 235001 rulemaking is noncontroversial for the reasons set forth in this preamble, and due to the limited scope of this action. DATES: This rule is effective on October 16, 2015 without further notice, unless EPA receives adverse comment by September 16, 2015. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2015–0208, to the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, Michigan, 48105; telephone number: (734) 214–4476; fax number: (734) 214–4052; email address: klavon.patty@epa.gov. SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in the following outline: I. General Information II. Action Being Taken III. History of the Gasoline Volatility Requirement IV. The EPA’s Policy Regarding Relaxation of Gasoline Volatility Standards in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas V. North Carolina’s Request to Relax the Federal Gasoline RVP Requirement for Mecklenburg and Gaston Counties VI. Final Action VII. Statutory and Executive Order Reviews VIII. Legal Authority and Statutory Provisions PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 I. General Information A. Why is the EPA issuing a direct final rule? The EPA is making this revision as a direct final rule without prior proposal because the EPA views this revision as noncontroversial and anticipates no adverse comment. The rationale for this rulemaking is described in detail below. In the Proposed Rules section of this Federal Register, the EPA is publishing a separate document that will serve as the proposal to approve this revision to the RVP gasoline standard that applies in Mecklenburg and Gaston counties should adverse comments be filed. If the EPA receives no adverse comment, the EPA will not take further action on the proposed rule. If the EPA receives adverse comment on this rule or any portion of this rule, the EPA will withdraw the direct final rule or the portion of the rule that received adverse comment. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this rulemaking. Any parties interested in commenting must do so at this time. B. Does this action apply to me? Entities potentially affected by this rule are fuel producers and distributors who do business in North Carolina. Examples of potentially regulated entities Petroleum refineries ............. Gasoline Marketers and Distributors ............................. Gasoline Retail Stations ....... Gasoline Transporters .......... NAICS 1 codes 324110 424710 424720 447110 484220 484230 The above table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. The table lists the types of entities of which the EPA is aware that potentially could be affected by this rule. Other types of entities not listed on the table could also be affected by this rule. To determine whether your organization could be affected by this rule, you should carefully examine the regulations in 40 CFR 80.27. If you have questions regarding the applicability of this action to a particular entity, call the person listed in the FOR FURTHER INFORMATION CONTACT section of this preamble. 1 North E:\FR\FM\17AUR1.SGM American Industry Classification System. 17AUR1 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations C. What should I consider as I prepare my comments? 1. Submitting CBI Do not submit CBI to the EPA through www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to the EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for Preparing Your Comments When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). • Follow directions—The EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. • Explain why you agree or disagree, suggest alternatives, and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. 3. Docket Copying Costs You may be required to pay a reasonable fee for copying docket materials. tkelley on DSK3SPTVN1PROD with RULES II. Action Being Taken This direct final rule approves a request from the state of North Carolina to change the summertime gasoline RVP standard for Mecklenburg and Gaston counties from 7.8 psi to 9.0 psi by amending the EPA’s regulations at 40 CFR 80.27(a)(2). In a previous VerDate Sep<11>2014 16:26 Aug 14, 2015 Jkt 235001 rulemaking, the EPA approved a redesignation request and maintenance plan for the Charlotte-GastoniaSalisbury, North Carolina 2008 ozone area (‘‘the Charlotte area’’) and a CAA section 110(l) non-interference demonstration that relaxing the federal RVP gasoline requirement from 7.8 psi to 9.0 psi for gasoline sold from June 1 to September 15 of each year in Mecklenburg and Gaston counties would not interfere with maintenance of the national ambient air quality standards (NAAQS) in the Charlotte area. Mecklenburg and Gaston counties are part of the Charlotte area. For more information on North Carolina’s redesignation request and maintenance plan for the Charlotte area, please refer to Docket ID. No. EPA–R04–OAR–2015– 0275 for the rulemaking that was signed on July 17, 2015. The preamble for this rulemaking is organized as follows: Section III. provides the history of the federal gasoline volatility regulation. Section IV. describes the policy regarding relaxation of volatility standards in ozone nonattainment areas that are redesignated as attainment areas. Section V. provides information specific to North Carolina’s request for Mecklenburg and Gaston counties. Finally, Section VI. presents the final action in response to North Carolina’s request. III. History of the Gasoline Volatility Requirement On August 19, 1987 (52 FR 31274), the EPA determined that gasoline nationwide was becoming increasingly volatile, causing an increase in evaporative emissions from gasolinepowered vehicles and equipment. Evaporative emissions from gasoline, referred to as volatile organic compounds (VOC), are precursors to the formation of tropospheric ozone and contribute to the nation’s ground-level ozone problem. Exposure to groundlevel ozone can reduce lung function, thereby aggravating asthma and other respiratory conditions, increase susceptibility to respiratory infection, and may contribute to premature death in people with heart and lung disease. The most common measure of fuel volatility that is useful in evaluating gasoline evaporative emissions is RVP. Under CAA section 211(c), the EPA promulgated regulations on March 22, 1989 (54 FR 11868) that set maximum limits for the RVP of gasoline sold during the regulatory control periods that were established on a state-by-state basis in the final rule. The regulatory control periods addressed the portion of the year when peak ozone concentrations were expected. These PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 49165 regulations constituted Phase I of a twophase nationwide program, which was designed to reduce the volatility of gasoline during the high ozone season. On June 11, 1990 (55 FR 23658), the EPA promulgated more stringent volatility controls as Phase II of the volatility control program. These requirements established maximum gasoline RVP standards of 9.0 psi or 7.8 psi (depending on the state, the month, and the area’s initial ozone attainment designation with respect to the 1-hour ozone NAAQS.) The 1990 CAA Amendments established a new section 211(h) to address fuel volatility. CAA section 211(h) requires the EPA to promulgate regulations making it unlawful to sell, offer for sale, dispense, supply, offer for supply, transport, or introduce into commerce gasoline with an RVP level in excess of 9.0 psi during the high ozone season. CAA section 211(h) also prohibits the EPA from establishing a volatility standard more stringent than 9.0 psi in an attainment area, except that the EPA may impose a lower (more stringent) standard in any former ozone nonattainment area redesignated to attainment. On December 12, 1991 (56 FR 64704), the EPA modified the Phase II volatility regulations to be consistent with CAA section 211(h). The modified regulations prohibited the sale of gasoline with an RVP above 9.0 psi in all areas designated attainment for ozone, effective January 13, 1992. For areas designated as nonattainment, the regulations retained the original Phase II standards published on June 11, 1990 (55 FR 23658), which included the 7.8 psi ozone season limitation for certain areas. As stated in the preamble to the Phase II volatility controls and reiterated in the proposed change to the volatility standards published in 1991, the EPA will rely on states to initiate changes to their respective volatility programs. The EPA’s policy for approving such changes is described below in Section IV. of this action. The state of North Carolina has initiated this change by requesting that the EPA relax the 7.8 psi gasoline RVP standard to 9.0 psi for Mecklenburg and Gaston counties, which are subject to the 7.8 gasoline RVP requirement during the summertime ozone season. Accordingly, the state of North Carolina provided a technical demonstration showing that relaxing the federal gasoline RVP requirements in the two counties from 7.8 psi to 9.0 psi would not interfere with maintenance of the NAAQS in the Charlotte area or with any other applicable CAA requirement. E:\FR\FM\17AUR1.SGM 17AUR1 49166 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES IV. The EPA’s Policy Regarding Relaxation of Gasoline Volatility Standards in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas As stated in the preamble for the EPA’s amended Phase II volatility standards (56 FR 64706), any change in the volatility standard for a nonattainment area that was subsequently redesignated as an attainment area must be accomplished through a separate rulemaking that revises the applicable standard for that area. Thus, for former 1-hour ozone nonattainment areas where the EPA mandated a Phase II volatility standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the federal 7.8 psi RVP gasoline requirement remains in effect, even after such an area is redesignated to attainment, until a separate rulemaking is completed that relaxes the federal RVP gasoline standard in that area from 7.8 psi to 9.0 psi. As explained in the December 12, 1991 rulemaking, the EPA believes that relaxation of an applicable gasoline RVP standard is best accomplished in conjunction with the redesignation process. In order for an ozone nonattainment area to be redesignated as an attainment area, CAA section 107(d)(3) requires the state to make a showing, pursuant to CAA section 175A, that the area is capable of maintaining attainment for the ozone NAAQS for ten years. Depending on the area’s circumstances, this maintenance plan will either demonstrate that the area is capable of maintaining attainment for ten years without the more stringent gasoline volatility standard or that the more stringent gasoline volatility standard may be necessary for the area to maintain its attainment with the ozone NAAQS. Therefore, in the context of a request for redesignation, the EPA will not relax the gasoline volatility standard unless the state requests a relaxation and the maintenance plan demonstrates to the satisfaction of the EPA that the area will maintain attainment for ten years without the need for the more stringent volatility standard. North Carolina requested relaxation of the federal RVP gasoline standard from 7.8 psi to 9.0 psi for Mecklenburg and Gaston counties concurrent with its request that the EPA approve a redesignation request and maintenance plan for the Charlotte area for the 2008 ozone NAAQS. VerDate Sep<11>2014 16:26 Aug 14, 2015 Jkt 235001 V. North Carolina’s Request To Relax the Federal Gasoline RVP Requirement for Mecklenburg and Gaston Counties On March 11, 2015, the state of North Carolina, through the North Carolina Department of Environment and Natural Resources (NCDENR), submitted a redesignation request and maintenance plan for the Charlotte area, which was classified as Marginal for the 2008 ozone NAAQS. Mecklenburg and Gaston counties are part of the Charlotte area. Additionally, the state submitted a CAA section 110(l) non-interference demonstration that removal of the federal RVP requirement of 7.8 psi for gasoline during the summertime ozone season in Mecklenburg and Gaston counties would not interfere with maintenance of any NAAQS, including the 2008 ozone NAAQS. Specifically, the state provided a technical demonstration showing that relaxing the federal gasoline RVP requirement in the two counties from 7.8 psi to 9.0 psi would not interfere with maintenance of the ozone NAAQS in the Charlotte area or with any other applicable requirement of the CAA. In a rulemaking that was signed on July 17, 2015, the EPA evaluated and approved North Carolina’s March 11, 2015 redesignation request and maintenance plan for the Charlotte area. See Docket ID. No. EPA–R04–OAR– 2015–0275. In a separate rulemaking signed on July 17, 2015, the EPA approved North Carolina’s noninterference demonstration for Mecklenburg and Gaston counties. See Docket ID. No. EPA–R04–OAR–2015– 0260.2 Both rulemakings were subject to public notice-and-comment. The EPA received two comments on the redesignation request and maintenance plan rulemaking, and those comments were addressed in the final rule for that rulemaking. The comments received can be found in the docket for that rulemaking (Docket ID. No. EPA–R04– OAR–2015–0275). No comments were received on the non-interference demonstration for Mecklenburg and Gaston counties (Docket ID. No. EPA– R04–OAR–2015–0260). In this action, the EPA is taking the second and final step in the process to approve North Carolina’s request to relax the summertime ozone season gasoline RVP standard for Mecklenburg and Gaston counties from 7.8 psi to 9.0 psi. Specifically, the EPA is amending the applicable gasoline RVP standard from 7.8 psi to 9.0 psi provided at 40 2 On March 11, 2015, the NCDENR requested that the EPA parallel process the approval of the submission. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 CFR 80.27(a)(2) for the two counties. This action to approve North Carolina’s request to relax the summertime ozone season RVP standard for Mecklenburg and Gaston counties from 7.8 psi to 9.0 psi is based on the EPA’s previous approval of North Carolina’s March 11, 2015 redesignation request and maintenance plan for the Charlotte area, as well as the non-interference demonstration. This approval is also based on the fact that the Charlotte area is currently in attainment for both the 1997 ozone NAAQS and the 2008 ozone NAAQS. VI. Final Action The EPA is taking direct final action to approve the request from North Carolina for the EPA to relax the RVP applicable to gasoline introduced into commerce from June 1 to September 15 of each year in Mecklenburg and Gaston counties. Specifically, this action amends the applicable gasoline RVP standard from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for Mecklenburg and Gaston counties. The EPA is making this revision without prior proposal because the EPA views the revision as noncontroversial and anticipates no adverse comment. However, in the Proposed Rules section of this Federal Register, the EPA is publishing a separate document that will serve as the proposal to approve this revision to the gasoline RVP standard that applies in Mecklenburg and Gaston counties should adverse comments be filed. This rule will become effective October 16, 2015 without further notice unless the EPA receives adverse comments by September 16, 2015. If the EPA receives adverse comments on the rule or any portion of the rule, the EPA will withdraw the direct final rule or the portion of the rule that received adverse comment. The EPA will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the subsequent final action. Any parties interested in commenting must do so at this time. If no such comments are received, the public is advised that this rule will become effective on October 16, 2015 and no further action will be taken on the proposed rule. E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563. (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act This action does not impose any new information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and therefore is not subject to these requirements. tkelley on DSK3SPTVN1PROD with RULES C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. The small entities subject to the requirements of this action are refiners, importers or blenders of gasoline that choose to produce or import low RVP gasoline for sale in North Carolina and gasoline distributers and retail stations in North Carolina. This action relaxes the federal RVP standard for gasoline sold in Mecklenburg and Gaston counties during the summertime ozone season (June 1 to September 15 of each year) to allow the RVP for gasoline sold in Mecklenburg and Gaston counties to rise from 7.8 psi to 9.0 psi. This rule does not impose any requirements or create impacts on small entities beyond those, if any, already required by or resulting from the CAA section 211(h) Volatility Control program. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act (UMRA) This final rule does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action implements mandates VerDate Sep<11>2014 16:26 Aug 14, 2015 Jkt 235001 specifically and explicitly set forth in CAA section 211(h) without the exercise of any policy discretion by the EPA. E. Executive Order 13132 (Federalism) This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule affects only those refiners, importers or blenders of gasoline that choose to produce or import low RVP gasoline for sale in the Birmingham area and gasoline distributers and retail stations in the Birmingham area. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it approves a state program. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer Advancement Act This action does not involve technical standards. J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 49167 populations because it does not affect the applicable ozone NAAQS which establish the level of protection provided to human health or the environment. This rule will relax the applicable volatility standard of gasoline during the summer, possibly resulting in slightly higher mobile source emissions. However, the state of North Carolina has demonstrated in its non-interference demonstration that this action will not interfere with maintenance of the ozone NAAQS in the Charlotte-Gastonia-Salisbury, North Carolina 2008 ozone area, or with any other applicable requirement of the CAA. Mecklenburg and Gaston counties are part of the Charlotte-GastoniaSalisbury, North Carolina 2008 ozone area. Therefore, disproportionately high and adverse human health or environmental effects on minority or low-income populations are not an anticipated result. The results of this evaluation are contained in Section V. of this direct final rule. A copy of North Carolina’s March 11, 2015 letter requesting that the EPA relax the gasoline RVP standard, including the technical analysis demonstrating that the less stringent gasoline RVP in the Mecklenburg and Gaston counties would not interfere with continued maintenance of the 2008 ozone NAAQS in the Charlotte-Gastonia-Salisbury, North Carolina ozone area, or with any other applicable CAA requirement, has been placed in the public docket for this action. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 16, 2015. Filing a petition for reconsideration by the Administrator of this direct final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel document of proposed rulemaking for this action published in the Proposed Rules section of this Federal Register, rather than file an immediate petition E:\FR\FM\17AUR1.SGM 17AUR1 49168 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations for judicial review of this direct final rule, so that the EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See CAA section 307(b)(2). VIII. Legal Authority and Statutory Provisions The statutory authority for this action is granted to the EPA by Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 7545(h) and 7601(a). List of Subjects in 40 CFR Part 80 Environmental protection, Administrative practice and procedures, Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a). Air pollution control, Fuel additives, Gasoline, Motor vehicle and motor vehicle engines, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements. 2. In § 80.27(a)(2)(ii), the table is amended by: ■ a. Removing the entry for North Carolina and footnotes 6 and 7; ■ b. Redesignating footnote 8 as footnote 6; ■ c. Adding a new entry in alphabetical order for North Carolina and a new footnote 7. The additions read as follows: ■ Dated: August 5, 2015. Gina McCarthy, Administrator. For the reasons discussed in the preamble, the Environmental Protection Agency is amending 40 CFR part 80 as follows: § 80.27 Controls and prohibitions on gasoline volatility. PART 80—REGULATION OF FUELS AND FUEL ADDITIVES (a) * * * (2) * * * (ii) * * * 1. The authority citation for part 80 continues to read as follows: ■ APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS State May * * * North Carolina 7 .................................................................... * * * June * 9.0 * July * 9.0 August September * 9.0 * * 9.0 * 9.0 * 1 Standards are expressed in pounds per square inch (psi). * * * * * * * 7 The standard for Mecklenburg and Gaston Counties from June 1 until September 15 in 1992 through October 16, 2015 was 7.8 psi. * * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2015–0017; FRL–9930–16] Lavandulyl Senecioate; Exemption From the Requirement of a Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes an exemption from the requirement of a tolerance for residues of the arthropod pheromone, lavandulyl senecioate, in or on all raw agricultural commodities when applied or used in microbeads/ dispensers at a rate not to exceed 150 grams active ingredient/acre/year in accordance with good agricultural practices. Suterra, LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of lavandulyl senecioate. tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:26 Aug 14, 2015 Jkt 235001 This regulation is effective August 17, 2015. Objections and requests for hearings must be received on or before October 16, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2015–0017, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 DATES: [FR Doc. 2015–20243 Filed 8–14–15; 8:45 am] PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Pennsylvania Ave. NW., Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: BPPDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office’s e-CFR site at https:// E:\FR\FM\17AUR1.SGM 17AUR1

Agencies

[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Rules and Regulations]
[Pages 49164-49168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20243]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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

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

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

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

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

I. General Information

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

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

B. Does this action apply to me?

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

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

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

    \1\ North American Industry Classification System.

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

[[Page 49165]]

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

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

II. Action Being Taken

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

III. History of the Gasoline Volatility Requirement

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

[[Page 49166]]

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

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

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

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

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

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

VI. Final Action

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

[[Page 49167]]

VII. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act

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

C. Regulatory Flexibility Act (RFA)

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

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132 (Federalism)

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

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

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

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

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

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

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

I. National Technology Transfer Advancement Act

    This action does not involve technical standards.

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

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

K. Congressional Review Act (CRA)

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

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 16, 2015. Filing a 
petition for reconsideration by the Administrator of this direct final 
rule does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
document of proposed rulemaking for this action published in the 
Proposed Rules section of this Federal Register, rather than file an 
immediate petition

[[Page 49168]]

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

VIII. Legal Authority and Statutory Provisions

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

List of Subjects in 40 CFR Part 80

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

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

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

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

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

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


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


Sec.  80.27  Controls and prohibitions on gasoline volatility.

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

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


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