Air Plan Approval; NC: Readoption of Air Quality Rules and Removal of Oxygenated Gasoline Rules, 2109-2115 [2019-01112]
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Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Proposed Rules
i. Revising paragraphs (g)(1) and (2).
■ ii. Redesignating paragraphs (g)(3) and
(4) as paragraphs (g)(4) and (5),
respectively.
■ iii. Adding new paragraph (g)(3).
■
The revisions and addition read as
follows:
§ 38.632
Emblems of belief.
(a) General. This section contains
procedures for requesting the
inscription of new emblems of belief on
Government-furnished headstones and
markers.
*
*
*
*
*
(c) * * *
If the burial or memorialization of an eligible individual is in a:
The applicant must:
(1) Federally-administered cemetery or a State veterans cemetery that
uses the NCA electronic ordering system.
(i) Submit a written request to the director of the cemetery where burial
is requested indicating that a new emblem of belief is desired for inscription on a Government-furnished headstone or marker; and
(ii) Provide the information specified in paragraph (d) of this section to
the NCA Director of Memorial Programs Service.
(i) Submit a completed VA Form 40–1330 to the NCA Director of Memorial Programs Service, indicating in the REMARKS section of the
form that a new emblem of belief is desired; and
(ii) Provide the information specified in paragraph (d) of this section to
the NCA Director of Memorial Programs Service.
(2) Private cemetery (deceased eligible veterans only), Federally-administered cemetery, or a State veterans cemetery that does not use
the NCA electronic ordering system.
*
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2109
*
*
*
*
(f) * * *
(2) The applicant has submitted a
certification concerning the emblem that
meets the requirements of paragraph
(d)(1) of this section.
(i) In the absence of evidence to the
contrary, VA will accept as genuine an
applicant’s statement regarding the
sincerity of the religious or functionally
equivalent belief system of a deceased
eligible individual. If a factual dispute
arises concerning whether the requested
emblem represents the sincerely held
religious or functionally equivalent
belief of the decedent, the Director will
evaluate whether the decedent gave
specific instructions regarding the
appropriate emblem during his or her
life and the Under Secretary will resolve
the dispute on that basis.
(ii) In the absence of such
instructions, the Under Secretary will
resolve the dispute in accordance with
the instructions of the decedent’s
surviving spouse. If the decedent is not
survived by a spouse, the Under
Secretary will resolve the dispute in
accordance with the agreement and
written consent of the decedent’s living
next-of-kin. For purposes of resolving
such disputes under this section, nextof-kin means the living person(s) first
listed as follows:
(A) The decedent’s children 18 years
of age or older, or if the decedent does
not have children; then
(B) The decedent’s parents, or if the
decedent has no surviving parents; then
(C) The decedent’s siblings.
*
*
*
*
*
(5) The emblem meets the technical
requirements for inscription specified in
paragraph (d)(2) of this section.
(g) * * * (1) A decision will be made
on all complete applications. A request
to inscribe a new emblem on a
Government-furnished headstone or
marker shall be granted if the Under
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Secretary for Memorial Affairs finds that
the request meets each of the applicable
criteria in paragraph (f) of this section.
In making that determination, if there is
an approximate balance between the
positive and negative evidence
concerning any fact material to making
that determination, the Under Secretary
shall give the benefit of the doubt to the
applicant. The Under Secretary shall
consider the recommendation of the
Director of NCA’s Office of Field
Programs and may consider information
from any source.
(2) If the Under Secretary for
Memorial Affairs determines that
allowing the inscription of a particular
proposed emblem would adversely
affect the dignity and solemnity of the
cemetery environment or that the
emblem does not meet the technical
requirements for inscription, the Under
Secretary shall notify the applicant in
writing and offer to the applicant the
option of either:
(i) Omitting the part of the emblem
that is problematic while retaining the
remainder of the emblem, if this is
feasible; or
(ii) Choosing a different emblem to
represent the religious or functionally
equivalent belief that does not have
such an adverse impact.
(3) Applicants will have 60 days from
the date of the notice to cure any
adverse impact or technical defect
identified by the Under Secretary. Only
if neither option is acceptable to the
applicant, the applicant’s requested
alternative is also unacceptable, or the
applicant does not respond within the
60-day period, will the Under Secretary
ultimately deny the application.
*
*
*
*
*
§ 38.633
[Amended]
7. Amend § 38.633 by removing the
last sentence in paragraph (a)(2).
■
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PART 39—AID FOR THE
ESTABLISHMENT, EXPANSION, AND
IMPROVEMENT, OR OPERATION AND
MAINTENANCE, OF VETERANS
CEMETERIES
8. The authority citation for part 39 is
revised to read as follows:
■
Authority: 38 U.S.C. 101, 501, 2408, 2411,
3765.
Subpart A—General Provisions
§ 39.10
[Amended]
9. Amend § 39.10 by removing ‘‘38
CFR 38.600(b)’’ every place it currently
appears and adding ‘‘38 CFR 38.600(a)’’
in its place.
■
[FR Doc. 2019–00375 Filed 2–5–19; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0301; FRL–9988–99–
Region 4]
Air Plan Approval; NC: Readoption of
Air Quality Rules and Removal of
Oxygenated Gasoline Rules
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
several State Implementation Plan (SIP)
revisions submitted by the North
Carolina Department of Environmental
Quality, Division of Air Quality (DAQ),
on March 21, 2018, readopting and
amending several air quality rules, and
requesting to remove the rules for the
oxygenated gasoline program. One of
these SIP revisions also contains a noninterference demonstration, which
SUMMARY:
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concludes that removing the oxygenated
gasoline rules would not interfere with
attainment or maintenance of the
National Ambient Air Quality Standards
(NAAQS). EPA has preliminarily
determined that North Carolina’s March
21, 2018, SIP revisions are consistent
with the applicable provisions of the
Clean Air Act (CAA or Act).
DATES: Comments must be received on
or before March 8, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0301 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. The telephone
number is (404) 562–9222. Ms. Sheckler
can also be reached via electronic mail
at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve several
SIP revisions submitted by North
Carolina on March 21, 2018, seeking to
readopt and amend various air quality
rules, and to remove the rules for the
oxygenated gasoline program from
North Carolina’s SIP. To support the
request to remove the rules for the
oxygenated gasoline program from the
SIP, North Carolina’s March 21, 2018,
SIP revision contains technical support
materials to demonstrate that the
removal of the rules will not interfere
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with attainment or maintenance of any
NAAQS or with any other applicable
requirement of the CAA. Specifically,
these SIP revisions address State
regulations amended or readopted in
15A North Carolina Administrative
Code (NCAC) 02D Sections .0100,
Definitions and References, .0200, Air
Pollution Sources, .0300, Air Pollution
Emergencies, and .0400, Ambient Air
Quality Standards, and the removal of
rules in 15A NCAC 02D Section .1300,
Oxygenated Gasoline Standard
(hereinafter referred to as the
oxygenated gasoline program).1 The
March 21, 2018, SIP revision also
includes changes to the Transportation
Conformity Rules in 15A NCAC 02D
Section .2000, however, in this action,
EPA will not be addressing those
amendments.
EPA’s analysis of North Carolina’s
March 21, 2018, SIP revisions that are
the subject of this proposed rule is
organized into three parts under Section
II. Part A provides the background,
analysis, and the non-interference
demonstration for the removal of North
Carolina’s oxygenated gasoline program;
Part B contains information regarding
rules submitted for readoption only; and
Part C contains information regarding
rules submitted for amendment.
II. Analysis of North Carolina’s March
21, 2018, SIP Revisions
A. Removal of the Oxygenated Gasoline
Program
1. Background
Under section 211(m) of the CAA,
states with areas designated
nonattainment for carbon monoxide
(CO) with certain design values were
required to submit revisions to their
SIPs and implement oxygenated
gasoline programs by no later than
November 15, 1992.2 For North
Carolina, the Raleigh-Durham and
Winston-Salem areas were designated as
nonattainment for the 8-hour CO
standard with design values triggering
the requirements of CAA section 211(m)
for oxygenated gasoline. See 56 FR
56694 (November 6, 1991); 57 FR 56762
(November 30, 1992).3 As a result, the
1 In the table of North Carolina regulations
federally approved into the SIP at 40 CFR
52.1770(c), 15A NCAC 02D is referred to as
‘‘Subchapter 2D Air Pollution Control
Requirements.’’
2 Oxygenates are fuel additives that contain
oxygen, usually in the form of alcohol or ether.
Oxygenates can enhance fuel combustion and
thereby reduce exhaust emissions. Some oxygenates
also boost gasoline octane. Because CO emissions
from gasoline-fueled vehicles tend to increase in
cold weather, the control period for oxygenated
gasoline programs is during the winter months.
3 Under CAA section 211(m), the triggering CO
design value is 9.5 parts per million (ppm) or above.
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State submitted, and EPA approved, an
oxygenated gasoline program for the
areas of Raleigh-Durham and WinstonSalem. North Carolina included the
Charlotte CO nonattainment area in the
program’s coverage in its SIP, although
it was not required to implement such
a program for that area. See 59 FR 33683
(June 30, 1994).
The CAA established an attainment
date of December 31, 1995, for all CO
areas triggering the CAA section 211(m)
requirements such as the RaleighDurham and Winston-Salem areas, and
areas below that trigger, such as
Charlotte, had to attain by November 15,
1995. Section 107(d)(3)(E) of the CAA
sets out the requirements that an area
must meet in order to be redesignated
from nonattainment to attainment,
including that the area must have a
fully-approved maintenance plan
pursuant to section 175A of the CAA. A
maintenance plan, as defined in section
175A(a) of the CAA, is a revision to the
SIP to provide for the maintenance of
the NAAQS for the air pollutant in
question in the area concerned for at
least 10 years after the redesignation.
CAA section 175A(d) requires that such
plans include contingency provisions,
as necessary, to promptly correct any
violation of the NAAQS that occurs after
redesignation of an area; this includes
implementation of controls measures
that were contained in the SIP prior to
redesignation. In 1994, EPA approved
North Carolina’s request to redesignate
the Winston-Salem area to attainment
for the CO NAAQS and approved the
initial 10-year maintenance plan for the
area. See 59 FR 48399 (September 21,
1994). In 1995, EPA approved the
redesignation of the Charlotte and
Raleigh-Durham areas to attainment for
the CO NAAQS and approved the initial
10-year maintenance plans for those
areas as well. See 60 FR 39258 (August
2, 1995). The initial 10-year
maintenance plans included the
continued use of the oxygenated
gasoline program for the RaleighDurham area. For the Charlotte and
Winston-Salem areas, the initial 10-year
maintenance plans included the
oxygenated gasoline program as a
contingency measure.
Subsequently, on October 19, 1995,
North Carolina submitted a proposed
SIP revision requesting that the
Raleigh-Durham had a design value of 10.9 ppm,
and Winston-Salem had a design value of 9.7 ppm
(based on 1988 and 1989 data). The Charlotte area
was a pre-1990 nonattainment area and was
designated by operation of law, but the area had a
design value of 8.4 ppm (based on 1988 and 1989
data), which is below the 9.5 ppm. See 56 FR 56694
(November 6, 1991) and 57 FR 56762 (November 30,
1992).
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oxygenated gasoline program for the
Raleigh-Durham CO maintenance area
be moved from the maintenance plan to
the contingency measures portion of the
maintenance plan. The request was
based on a revised vehicle miles
traveled analysis which demonstrated
that the CO NAAQS could be
maintained without the continued use
of the oxygenated gasoline program. See
60 FR 56127 (November 7, 1995).4
Eight years after redesignation of an
area to attainment, CAA section 175A(b)
requires the state to submit an update to
the original maintenance plan to
provide for the maintenance of the
NAAQS for another 10 years after the
initial 10-year period has expired (this
is known as the second 10-year
maintenance plan). North Carolina’s
second 10-year maintenance plan for the
Charlotte, Raleigh-Durham and
Winston-Salem areas was approved by
EPA on March 24, 2006 (71 FR 14817).
The plan included the oxygenated
gasoline program as a contingency
measure for all three areas.5 In 2015, the
20-year maintenance plan periods
(covering the initial 10-year
maintenance period and the second 10year maintenance period) expired for all
three areas. Specifically, the end date
for the 20-year maintenance plan period
for the Charlotte and Raleigh-Durham
(Wake and Durham counties) areas was
September 18, 2015, and the end date
for the 20-year maintenance plan period
for the Winston-Salem area (Forsyth
county) was May 23, 2015.6
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4 EPA
analyzed this request and proposed to
approve the revision in 1995. See 60 FR 56127,
November 7, 1995. EPA received no comments on
its proposed action. On June 20, 2007, EPA clarified
that it ultimately finalized its approval in 2006. See
72 FR 33692.
5 On June 20, 2013, (78 FR 37118), EPA approved
North Carolina’s request to convert the second 10year maintenance plans to limited maintenance
plans. A limited maintenance plan generally
includes all the elements for a full section 175A
maintenance plan except that a limited
maintenance plan is not required to include motor
vehicle emissions budgets for transportation
conformity purposes. See the October 6, 1995,
Memorandum from Joseph W. Praise to the Air
Branch Chiefs, Regions I–X, entitled ‘‘Limited
Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas.’’
6 While these areas have all reached the end of
their 20-year maintenance period, the second 10year maintenance plan does not cease to be
effective. Rather, the terms of the maintenance plan
(including all measures and requirements) remain
in effect until the State submits, and EPA approves,
a revision to the plan consistent with the antibacksliding requirements of CAA section 110(l) and
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2. What are the CAA requirements for
the removal of the oxygenated gasoline
program in North Carolina?
One of North Carolina’s March 21,
2018, SIP revisions seeks to remove the
State’s oxygenated gasoline program
from the North Carolina SIP. As noted
above, that program is included as a
contingency measure in the State’s
second 10-year maintenance plan for the
Charlotte, Raleigh-Durham, and
Winston-Salem CO maintenance areas
pursuant to the requirements of CAA
section 175A(d). However, the
requirement in section 175(A)(d) for
contingency measures to include all
control measures contained in the SIP
prior to redesignation does not preclude
the removal of contingency measures
from the maintenance plan once the
second 10-year maintenance plan period
has expired. Here, the Charlotte,
Raleigh-Durham, and Winston-Salem
areas’ second 10-year maintenance plan
periods expired in 2015, as described
above. Thus, section 175A(d) does not
preclude the removal from the SIP of the
oxygenated gasoline program for these
areas. North Carolina’s March 21, 2018,
SIP revision seeking such a removal
must, however, still comply with the
requirements of CAA sections 110(l) and
193, where applicable.7
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 March
21, 2018, SIP revision is whether the
non-interference demonstration
associated with the removal of the
oxygenated gasoline program for the
Charlotte, Raleigh-Durham, and
Winston-Salem areas satisfies section
110(l).
EPA evaluates each section 110(l)
non-interference demonstration on a
case-by-case basis considering the
circumstances of each SIP revision. EPA
interprets 110(l) as applying to all
CAA section 193, if applicable. North Carolina’s
March 21, 2018, SIP revision is such a request and
the analysis of that request for consistency with the
CAA’s anti-backsliding requirements follows in
Section II.A.2 below.
7 CAA section 193 is not applicable to the instant
SIP revision because the oxygenated gasoline
program was not a control measure required to be
adopted into the SIP by North Carolina for these
areas prior to November 15, 1990.
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2111
NAAQS that are in effect, including
those that have been promulgated but
for which EPA has not yet made
designations. The degree of analysis
focused on any NAAQS in a noninterference demonstration varies
depending on the nature of the
emissions associated with the proposed
SIP revision. With regards to the
removal of the oxygenated gasoline
program in North Carolina, the most
relevant pollutant to consider is CO.
EPA’s analysis of North Carolina’s
March 21, 2018, SIP revision pursuant
to section 110(l) is provided below.
3. What is EPA’s analysis of North
Carolina’s non-interference
demonstration?
a. Overall Preliminary Conclusions
On March 21, 2018, DAQ submitted a
revision to North Carolina’s SIPapproved oxygenated gasoline program,
along with a non-interference
demonstration to support the State’s
request to remove the program from the
North Carolina SIP. This demonstration
includes an evaluation of the impact
that the removal of the oxygenated
gasoline program for Charlotte
(Mecklenburg county), Raleigh-Durham
(Wake and Durham counties) and
Winston-Salem (Forsyth county) would
have on North Carolina’s ability to
attain or maintain the NAAQS in the
State. The demonstration and EPA’s
analysis of the potential impact of the
removal of the program is below.
i. Non-interference Analysis for the CO
NAAQS
EPA promulgated the CO NAAQS in
1971 and has retained the standards
since its last review of the standard in
2011. The primary NAAQS for CO
includes: (1) an 8-hour standard of 9.0
ppm, measured using the annual second
highest 8-hour concentration for two
consecutive years as the design value;
and (2) a 1-hour average of 35 ppm,
using the second highest 1-hour average
within a given year. The counties
subject to this proposed action have
monitored data below the CO NAAQS
for over 20 years.
Table 1 shows air quality data from
monitoring sites in North Carolina, for
the 8-hour CO NAAQS in the three areas
for 2010 through 2017. The design
values are all well below the CO
NAAQS (see Tables 1, 2 and 3).
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TABLE 1—8-HOUR CO AIR QUALITY DATA FOR MONITORING SITES IN CHARLOTTE AREA
Annual 2nd
highest
8-hour
concentration
(ppm)
Year
2010
2011
2012
2013
2014
2015
2016
2017
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
1.7
1.5
1.5
1.6
1.3
1.2
1.0
1.3
Design value
(ppm)
1.7
1.5
1.6
1.6
1.3
1.2
1.3
Percent of
the standard
of 9 ppm
19
17
18
18
14
13
14
TABLE 2—8-HOUR CO AIR QUALITY DATA FOR MONITORING SITES IN RALEIGH-DURHAM AREA
Annual 2nd
highest
8-hour
concentration
(ppm)
Year
2010
2011
2012
2013
2014
2015
2016
2017
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
1.3
1.4
1.3
1.2
1.2
1.2
1.5
1.2
Design value
(ppm)
1.4
1.4
1.3
1.2
1.2
1.5
1.2
Percent of
the standard
of 9 ppm
16
16
14
13
13
17
13
TABLE 3—8-HOUR CO AIR QUALITY DATA FOR MONITORING SITES IN WINSTON-SALEM AREA
Annual 2nd
highest
8-hour
concentration
(ppm)
Year
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2010
2011
2012
2013
2014
2015
2016
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
For the 1-hour CO standard of 35
ppm, all three areas have recent design
values that range from 4 percent to 6.6
percent of the standard. For the
Charlotte area, ambient monitoring data
for 2016 and 2017 show design values
of 1.4 and 1.5 ppm, respectively. For the
Raleigh-Durham area, ambient
monitoring data for 2016 and 2017 show
design values of 2.3 and 1.6 ppm,
respectively. For the Winston-Salem
area, the design value was 1.9 ppm for
2015. The monitor was approved to be
and was shut down after 2015
monitoring season.
It is important to also note, that
emissions from vehicles have
dramatically been reduced through
federal legislative and regulatory
actions. At the time when areas were
experiencing violations of the CO
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1.9.
2.1 .................................................................................
1.2 .................................................................................
1.7 .................................................................................
1.5 .................................................................................
1.3 .................................................................................
Monitor shut down in 2015.
NAAQS in the 1970–1990, typical new
cars were emitting nearly 13 grams per
mile hydrocarbons (HC), 3.6 grams per
mile nitrogen oxides (NOX), and 87
grams per mile CO. Since then, EPA has
set standards to bring down levels of
these pollutants, and the auto industry
has responded by developing new
emission control technologies. As a
result, new passenger vehicles are 98–99
percent cleaner for most tailpipe
pollutants compared to the 1960s, fuels
are much cleaner—lead has been
eliminated, and sulfur levels are more
than 90 percent lower than they were
prior to regulation. U.S. cities have
much improved air quality, despite ever
increasing population and increasing
vehicle miles traveled, standards have
sparked technology innovation from
industry. Today, no areas in the United
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(ppm)
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2.1
2.1
1.7
1.7
1.5
Percent of
the standard
of 9 ppm
23
23
19
19
17
States are violating the CO NAAQS
primarily due to the cleaner vehicle
fleet.
As stated above, North Carolina’s
oxygenated gasoline program, which
was designed to control CO from
vehicles, was moved into the
contingency portion of the Charlotte,
Raleigh-Durham and the Winston-Salem
areas’ maintenance plans, to be used
only if needed. The State has never
needed to trigger implementing the
oxygenated gasoline program.
Monitoring from 2008–2011 show that
all three areas continue to be well below
(85 percent) the 8-hour CO NAAQS. For
these reasons, EPA proposes to agree
with North Carolina’s technical
demonstration that removal of the
oxygenated gasoline program from the
State’s implementation plan would not
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not interfere with maintenance of the
PM2.5 NAAQS in the State.
interfere with maintenance of the CO
NAAQS in the State or with any other
applicable requirement of the CAA.8
ii. Non-interference Analysis for the
Fine Particulate Matter (PM2.5) NAAQS
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Over the course of several years, EPA
has reviewed and revised the PM2.5
NAAQS several 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, and based on a 3-year average of the
98th percentile of 24-hour
concentrations. See 62 FR 36852 (July
18, 1997). On September 21, 2006, EPA
retained the 1997 Annual PM2.5 NAAQS
of 15.0 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). On November 13, 2009
(74 FR 58699), and on January 15, 2015
(80 FR 2206), EPA published notices
determining that the entire state of
North Carolina was unclassifiable/
attainment for the 2006 daily PM2.5
NAAQS and the 2012 Annual PM2.5
NAAQS, respectively.
In North Carolina’s March 21, 2018,
SIP revision, the State concluded that
the removal of the oxygenated gasoline
program would not interfere with
attainment or maintenance of the PM2.5
NAAQS. The oxygenated gasoline
program is not designed to reduce
emissions for PM2.5; therefore, removing
it from the North Carolina SIP will not
have any impact on ambient
concentrations of PM2.5. EPA has
evaluated the State’s analysis and
proposes to agree with North Carolina’s
technical demonstration that removal of
the oxygenated gasoline program from
the State’s implementation plan would
8 CAA section 211(m) is an applicable
requirement of the CAA for certain CO
nonattainment areas and areas that have been
redesignated to attainment (to the extent necessary
for maintenance of the standard). However,
following the expiration of the 20-year maintenance
period (that is, at the end of the second 10-year
maintenance plan period), the area is in attainment
for CO and pursuant to CAA section 211(m)(6), an
oxygenated gasoline program is no longer required
by the Act.
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iii. Non-Interference Analysis for the
2010 Nitrogen Dioxide (NO2) NAAQS
The 2010 NO2 NAAQS is set at 100
parts per billion (ppb), based on the 3year average of the 98th percentile of the
yearly distribution of 1-hour daily
maximum concentrations. The annual
standard of 53 ppb is based on the
annual mean concentration. On
February 17, 2012 (77 FR 9532), EPA
designated all counties in North
Carolina as unclassifiable/attainment for
the 2010 NO2 NAAQS.
Based on the technical analysis in
North Carolina’s March 21, 2018, SIP
revision, all NO2 monitors in the State
are measuring below the annual NO2
standard, and all near road monitors are
measuring well below the 1-hour NO2
standard. The oxygenated gasoline
program is not designed to reduce
emissions for NO2; therefore, removing
it from the North Carolina SIP will not
have any impact on ambient
concentrations of NO2. Given the
current unclassifiable/attainment
designation and the results of North
Carolina’s emissions analysis, EPA
proposes to agree with North Carolina’s
technical demonstration that removal of
the oxygenated gasoline program from
the State’s implementation plan would
not interfere with maintenance of the
2010 NO2 NAAQS in the State.
iv. Non-Interference Analysis for the
Ozone NAAQS
On July 18, 1997, EPA promulgated a
revised 8-hour ozone standard of 0.08
ppm. This standard was more stringent
than the 1-hour ozone standard that was
promulgated in 1979. On March 12,
2008, EPA revised both the primary and
secondary NAAQS for ozone to a level
of 0.075 ppm to provide increased
protection of public health and the
environment. See 73 FR 16436 (March
27, 2008). The 2008 ozone NAAQS
retains the same general form and
averaging time as the 0.08 ppm NAAQS
set in 1997, but is set at a more
protective level. Under EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR 50.15. On
October 26, 2015 (80 FR 65292), EPA
published a final rule lowering the level
of the 8-hour ozone NAAQS to 0.070
ppm.
North Carolina is currently designated
attainment statewide for the all the
ozone NAAQS. On November 6, 2017
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2113
(82 FR 54232), EPA designated the
entire state of North Carolina
attainment/unclassifiable for the 2015 8hour ozone NAAQS. Additionally, all
the counties subject to this proposed
rulemaking were designated
‘‘unclassifiable/attainment’’ for the 2008
8-hour ozone NAAQS on May 21, 2012.
See 77 FR 30088.
Given the current unclassifiable/
attainment designation and the results
of North Carolina’s emissions analysis,
EPA proposes to agree with North
Carolina’s technical demonstration that
removal of the oxygenated gasoline
program from the State’s
implementation plan would not
interfere with maintenance of the ozone
NAAQS in the State.
v. Non-Interference Analysis for the
Sulfur Dioxide (SO2) NAAQS
On June 22, 2010 (75 FR 35520), EPA
revised the 1-hour SO2 NAAQS to 75
ppb which became effective on August
23, 2010. On August 5, 2013 (78 FR
47191), EPA initially designated
nonattainment only in areas with
violating 2009–2011 monitoring data.
EPA did not designate any county in
North Carolina for the 2010 1-hour SO2
NAAQS as part of the initial
designation. On March 2, 2015, a
Consent Decree was entered by order of
the United States District Court for the
Northern District of California requiring
EPA to complete designations for the
remaining areas in the Country by three
specific deadlines according to a courtordered schedule.9 For North Carolina,
EPA designated the entire state
attainment/unclassifiable for SO2 on
December 21, 2017 (effective April 9,
2018 https://www.gpo.gov/fdsys/pkg/
FR-2018-01-09/pdf/2017-28423.pdf)
except for the following townships/
counties: Beaverdam Township
(Haywood County); Limestone
Township (Buncombe County); and
Cunningham Township (Person
County). Counties listed above deployed
monitors which EPA is required to
designate by December 31, 2020. Also,
a portion of Brunswick County was
designated unclassifiable effective in
August 2016.
Based on the technical analysis in
North Carolina’s March 21, 2018, SIP
revision, the State concluded that
removal of the oxygenated gasoline
program would not interfere with
attainment or maintenance of the SO2
NAAQS. The sulfur content in fuel has
been significantly decreased through
EPA’s Tier 2 and Tier 3 rulemakings
9 Copy of the Consent Decree—https://
www.epa.gov/so2designations/pdfs/201503Final
CourtOrder.pdf.
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which tightened engine standards and
required that fuel formulations contain
reduced levels of sulfur. See 65 FR 6698
(February 10, 2000) and 81 FR 23641
(April 22, 2016). Further, the
oxygenated gasoline program is not
designed to reduce emissions for SO2,
therefore, removing it from the North
Carolina SIP will not have any impact
on ambient concentrations of SO2. For
these reasons, EPA proposes to agree
with North Carolina’s technical
demonstration that removal of the
oxygenated gasoline program from the
State’s implementation plan would not
interfere with maintenance of the 2010
SO2 NAAQS in the State.
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vi. Non-Interference Analysis for 2008
Lead NAAQS
On November 12, 2008 (73 FR 66964),
EPA promulgated a revised primary and
secondary lead NAAQS of 0.15 mg/m3.
Under EPA’s regulations at 40 CFR part
50, the 2008 lead NAAQS are met when
the maximum arithmetic 3-month mean
concentration for a 3-year period, as
determined in accordance with
Appendix R of 40 CFR part 50, is less
than or equal to 0.15 mg/m3. See 40 CFR
50.16. On November 8, 2011 (76 FR
72907), EPA designated the entire State
of North Carolina as unclassifiable/
attainment for that NAAQS. North
Carolina’s ambient lead levels have
remained well below the standard. The
oxygenated gasoline program is not
designed to reduce emissions for lead,
therefore, removing it from the North
Carolina SIP will not have any impact
on ambient concentrations of lead. For
these reasons, EPA proposes to agree
with North Carolina’s technical
demonstration that removal of the
oxygenated gasoline program from the
State’s implementation plan would not
interfere with maintenance of the 2008
lead NAAQS in the State.
B. Rules Submitted for Readoption Only
On November 9, 2017, the North
Carolina Environmental Management
Commission amended and readopted
various air quality rules in 15A NCAC
02D.10 The rules that were submitted for
readoption with no changes are
contained in Section .0200, Air
Pollution Sources as follows: 11
.0201, Classification of Air Pollution
Sources
.0202, Registration of Air Pollution
Sources
10 This was done pursuant to the requirements of
North Carolina’s General Statute (G.S. 150B–21.3A),
adopted by the State in 2013.
11 While these readopted rules contain no
changes, the aforementioned review and readoption
made pursuant to G.S. 150B–21.3A, revises the state
effective date of the rules to January 1, 2018.
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Because these readopted rules contain
no changes to the current SIP-approved
version, EPA is proposing to approve
the readopted rules into the North
Carolina SIP.
C. Amended Rules
As noted above, on November 9, 2017,
the North Carolina Environmental
Management Commission amended and
readopted various air quality rules in
15A NCAC 02D. The rules that were
amended are contained in Sections
.0100, Definitions and References,
.0200, Air Pollution Sources, .0300, Air
Pollution Emergencies, and .0400,
Ambient Air Quality Standards. More
specifically, the following rules were
amended and updated:
.0101, Definitions
.0103, Copies of Referenced Federal
Regulations
.0104, Incorporation by Reference
.0105, Mailing List
.0302, Episode Criteria
.0303, Emission Reduction Plans
.0304, Preplanned Abatement Program
.0305, Emission Reduction Plan: Alert
Level
.0306, Emission Reduction Plan:
Warning Level
.0307, Emission Reduction Plan:
Emergency Level
.0401, Purpose
.0402, Sulfur Oxides
.0404, Carbon Monoxide
.0407, Nitrogen Dioxide
.0408, Lead
.0409, PM10 Particulate Matter
.0410, PM2.5 Particulate Matter
Section .0100, Definitions is amended
to update the format of units and
references and Sections .0103, .0104,
and .0105 are amended to update
agency name, addresses and to include
web referenced documents and costs.
Section .0300, Air Pollution
Emergencies addresses the prevention of
buildup of air contaminants during an
air pollution episode to prevent a public
health emergency. Section .0302 is
amended to update the format of units,
to update who proclaims air quality
alerts and warnings and declarations of
emergency at various pollutant levels
requiring abatement actions from the
Director to the Secretary’s level with
concurrence of the Governor, to remove
obsolete pollutant levels triggering such
proclamations or declarations and to
renumber the subsections as a result of
the aforementioned changes. The
amendments to Sections .0303 and
.0304 update the format of references for
air pollution alerts, warnings and
emergencies. Sections .0305, .0306, and
.0307 are amended to eliminate
redundant language in paragraph 4 for
open burning requirements.
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Section .0400, Ambient Air Quality
Standards contains the ambient air
quality standards and associated
monitoring methodologies for the State
that reflect the NAAQS. Specifically,
Sections .0401 and .0409, and .0410 are
amended to update the format of
references and acronym changes were
made to .0402, .0404, .0407, and .0408.
EPA views all of the above
amendments as minor or ministerial and
is proposing to approve these rules, as
amended, into the North Carolina SIP.
III. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the following air quality rules under
Subchapter 2D Air Pollution Control
Requirements, Sections .0101,
Definitions,.0103, Copies of Referenced
Federal Regulations, .0104,
Incorporation by Reference, .0105,
Mailing List, .0201, Classification of Air
Pollution Sources, .0202, Registration of
Air Pollution Sources, .0302, Episode
Criteria, .0303, Emission Reduction
Plans, .0304, Preplanned Abatement
Program, .0305, Emission Reduction
Plan: Alert Level, .0306, Emission
Reduction Plan: Warning Level, .0307,
Emission Reduction Plan: Emergency
Level, .0401, Purpose, .0402, Sulfur
Oxides, .0404, Carbon Monoxide, .0407,
Nitrogen Dioxide, .0408, Lead, .0409,
PM10 Particulate Matter, and .0410,
PM2.5 Particulate Matter, state effective
January 1, 2018. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Proposed Action
For the reasons explained above, EPA
is proposing to approve North Carolina’s
March 21, 2018, SIP revisions seeking to
readopt and amend various air quality
rules, and to remove the oxygenated
gasoline program from North Carolina’s
SIP. With regard to the oxygenated
gasoline program, EPA is proposing to
agree with North Carolina’s technical
demonstration that removal of the
program from the State’s
implementation plan will not interfere
with continued attainment or
maintenance of any applicable NAAQS
or with any other applicable
requirement of the CAA, and that the
requirements of CAA section 110(l) have
been satisfied. Specifically, EPA is
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Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Proposed Rules
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proposing to remove oxygenated
gasoline rules under Subchapter 2D,
Sections .1300, .1301, .1302, .1303,
.1304 and .1305 in their entirety from
the North Carolina SIP.
EPA is also proposing to approve
North Carolina’s March 21, 2018, SIP
revision for the readoption without
changes of the rules identified in
Supchapter 2D, Section .0200 and for
the minor amendments to rules
identified in Sections .0100, .0300,
.0400.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
these proposed actions:
• Are not significant regulatory
actions 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);
• Are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because SIP approvals are
exempted under Executive Order 12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
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application of those requirements would
be inconsistent with the CAA; and
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 17, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019–01112 Filed 2–5–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 174 and 180
[EPA–HQ–OPP–2018–0577; FRL–9987–08]
Receipt of Several Pesticide Petitions
Filed for Residues of Pesticide
Chemicals in or on Various
Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petitions and
request for comment.
AGENCY:
This document announces the
Agency’s receipt of several initial filings
of pesticide petitions requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before March 8, 2019.
ADDRESSES: Submit your comments,
identified by the docket identification
(ID) number and the pesticide petition
number (PP) of interest as shown in the
body of this document, by one of the
following methods:
SUMMARY:
PO 00000
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2115
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), main telephone number: (703)
305–7090, email address:
RDFRNotices@epa.gov; or Robert
McNally, Biopesticides and Pollution
Prevention Division (7511P), main
telephone number: (703) 305–7090,
email address: BPPDFRNotices@
epa.gov. The mailing address for each
contact person is: Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001. As part of
the mailing address, include the contact
person’s name, division, and mail code.
The division to contact is listed at the
end of each pesticide petition summary.
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).
If you have any questions regarding
the applicability of this action to a
particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT for the division listed at the
E:\FR\FM\06FEP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Proposed Rules]
[Pages 2109-2115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01112]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0301; FRL-9988-99-Region 4]
Air Plan Approval; NC: Readoption of Air Quality Rules and
Removal of Oxygenated Gasoline Rules
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve several State Implementation Plan (SIP) revisions submitted by
the North Carolina Department of Environmental Quality, Division of Air
Quality (DAQ), on March 21, 2018, readopting and amending several air
quality rules, and requesting to remove the rules for the oxygenated
gasoline program. One of these SIP revisions also contains a non-
interference demonstration, which
[[Page 2110]]
concludes that removing the oxygenated gasoline rules would not
interfere with attainment or maintenance of the National Ambient Air
Quality Standards (NAAQS). EPA has preliminarily determined that North
Carolina's March 21, 2018, SIP revisions are consistent with the
applicable provisions of the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before March 8, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0301 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9222. Ms. Sheckler can
also be reached via electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve several SIP revisions submitted by
North Carolina on March 21, 2018, seeking to readopt and amend various
air quality rules, and to remove the rules for the oxygenated gasoline
program from North Carolina's SIP. To support the request to remove the
rules for the oxygenated gasoline program from the SIP, North
Carolina's March 21, 2018, SIP revision contains technical support
materials to demonstrate that the removal of the rules will not
interfere with attainment or maintenance of any NAAQS or with any other
applicable requirement of the CAA. Specifically, these SIP revisions
address State regulations amended or readopted in 15A North Carolina
Administrative Code (NCAC) 02D Sections .0100, Definitions and
References, .0200, Air Pollution Sources, .0300, Air Pollution
Emergencies, and .0400, Ambient Air Quality Standards, and the removal
of rules in 15A NCAC 02D Section .1300, Oxygenated Gasoline Standard
(hereinafter referred to as the oxygenated gasoline program).\1\ The
March 21, 2018, SIP revision also includes changes to the
Transportation Conformity Rules in 15A NCAC 02D Section .2000, however,
in this action, EPA will not be addressing those amendments.
---------------------------------------------------------------------------
\1\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred
to as ``Subchapter 2D Air Pollution Control Requirements.''
---------------------------------------------------------------------------
EPA's analysis of North Carolina's March 21, 2018, SIP revisions
that are the subject of this proposed rule is organized into three
parts under Section II. Part A provides the background, analysis, and
the non-interference demonstration for the removal of North Carolina's
oxygenated gasoline program; Part B contains information regarding
rules submitted for readoption only; and Part C contains information
regarding rules submitted for amendment.
II. Analysis of North Carolina's March 21, 2018, SIP Revisions
A. Removal of the Oxygenated Gasoline Program
1. Background
Under section 211(m) of the CAA, states with areas designated
nonattainment for carbon monoxide (CO) with certain design values were
required to submit revisions to their SIPs and implement oxygenated
gasoline programs by no later than November 15, 1992.\2\ For North
Carolina, the Raleigh-Durham and Winston-Salem areas were designated as
nonattainment for the 8-hour CO standard with design values triggering
the requirements of CAA section 211(m) for oxygenated gasoline. See 56
FR 56694 (November 6, 1991); 57 FR 56762 (November 30, 1992).\3\ As a
result, the State submitted, and EPA approved, an oxygenated gasoline
program for the areas of Raleigh-Durham and Winston-Salem. North
Carolina included the Charlotte CO nonattainment area in the program's
coverage in its SIP, although it was not required to implement such a
program for that area. See 59 FR 33683 (June 30, 1994).
---------------------------------------------------------------------------
\2\ Oxygenates are fuel additives that contain oxygen, usually
in the form of alcohol or ether. Oxygenates can enhance fuel
combustion and thereby reduce exhaust emissions. Some oxygenates
also boost gasoline octane. Because CO emissions from gasoline-
fueled vehicles tend to increase in cold weather, the control period
for oxygenated gasoline programs is during the winter months.
\3\ Under CAA section 211(m), the triggering CO design value is
9.5 parts per million (ppm) or above. Raleigh-Durham had a design
value of 10.9 ppm, and Winston-Salem had a design value of 9.7 ppm
(based on 1988 and 1989 data). The Charlotte area was a pre-1990
nonattainment area and was designated by operation of law, but the
area had a design value of 8.4 ppm (based on 1988 and 1989 data),
which is below the 9.5 ppm. See 56 FR 56694 (November 6, 1991) and
57 FR 56762 (November 30, 1992).
---------------------------------------------------------------------------
The CAA established an attainment date of December 31, 1995, for
all CO areas triggering the CAA section 211(m) requirements such as the
Raleigh-Durham and Winston-Salem areas, and areas below that trigger,
such as Charlotte, had to attain by November 15, 1995. Section
107(d)(3)(E) of the CAA sets out the requirements that an area must
meet in order to be redesignated from nonattainment to attainment,
including that the area must have a fully-approved maintenance plan
pursuant to section 175A of the CAA. A maintenance plan, as defined in
section 175A(a) of the CAA, is a revision to the SIP to provide for the
maintenance of the NAAQS for the air pollutant in question in the area
concerned for at least 10 years after the redesignation. CAA section
175A(d) requires that such plans include contingency provisions, as
necessary, to promptly correct any violation of the NAAQS that occurs
after redesignation of an area; this includes implementation of
controls measures that were contained in the SIP prior to
redesignation. In 1994, EPA approved North Carolina's request to
redesignate the Winston-Salem area to attainment for the CO NAAQS and
approved the initial 10-year maintenance plan for the area. See 59 FR
48399 (September 21, 1994). In 1995, EPA approved the redesignation of
the Charlotte and Raleigh-Durham areas to attainment for the CO NAAQS
and approved the initial 10-year maintenance plans for those areas as
well. See 60 FR 39258 (August 2, 1995). The initial 10-year maintenance
plans included the continued use of the oxygenated gasoline program for
the Raleigh-Durham area. For the Charlotte and Winston-Salem areas, the
initial 10-year maintenance plans included the oxygenated gasoline
program as a contingency measure.
Subsequently, on October 19, 1995, North Carolina submitted a
proposed SIP revision requesting that the
[[Page 2111]]
oxygenated gasoline program for the Raleigh-Durham CO maintenance area
be moved from the maintenance plan to the contingency measures portion
of the maintenance plan. The request was based on a revised vehicle
miles traveled analysis which demonstrated that the CO NAAQS could be
maintained without the continued use of the oxygenated gasoline
program. See 60 FR 56127 (November 7, 1995).\4\
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\4\ EPA analyzed this request and proposed to approve the
revision in 1995. See 60 FR 56127, November 7, 1995. EPA received no
comments on its proposed action. On June 20, 2007, EPA clarified
that it ultimately finalized its approval in 2006. See 72 FR 33692.
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Eight years after redesignation of an area to attainment, CAA
section 175A(b) requires the state to submit an update to the original
maintenance plan to provide for the maintenance of the NAAQS for
another 10 years after the initial 10-year period has expired (this is
known as the second 10-year maintenance plan). North Carolina's second
10-year maintenance plan for the Charlotte, Raleigh-Durham and Winston-
Salem areas was approved by EPA on March 24, 2006 (71 FR 14817). The
plan included the oxygenated gasoline program as a contingency measure
for all three areas.\5\ In 2015, the 20-year maintenance plan periods
(covering the initial 10-year maintenance period and the second 10-year
maintenance period) expired for all three areas. Specifically, the end
date for the 20-year maintenance plan period for the Charlotte and
Raleigh-Durham (Wake and Durham counties) areas was September 18, 2015,
and the end date for the 20-year maintenance plan period for the
Winston-Salem area (Forsyth county) was May 23, 2015.\6\
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\5\ On June 20, 2013, (78 FR 37118), EPA approved North
Carolina's request to convert the second 10-year maintenance plans
to limited maintenance plans. A limited maintenance plan generally
includes all the elements for a full section 175A maintenance plan
except that a limited maintenance plan is not required to include
motor vehicle emissions budgets for transportation conformity
purposes. See the October 6, 1995, Memorandum from Joseph W. Praise
to the Air Branch Chiefs, Regions I-X, entitled ``Limited
Maintenance Plan Option for Nonclassifiable CO Nonattainment
Areas.''
\6\ While these areas have all reached the end of their 20-year
maintenance period, the second 10-year maintenance plan does not
cease to be effective. Rather, the terms of the maintenance plan
(including all measures and requirements) remain in effect until the
State submits, and EPA approves, a revision to the plan consistent
with the anti-backsliding requirements of CAA section 110(l) and CAA
section 193, if applicable. North Carolina's March 21, 2018, SIP
revision is such a request and the analysis of that request for
consistency with the CAA's anti-backsliding requirements follows in
Section II.A.2 below.
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2. What are the CAA requirements for the removal of the oxygenated
gasoline program in North Carolina?
One of North Carolina's March 21, 2018, SIP revisions seeks to
remove the State's oxygenated gasoline program from the North Carolina
SIP. As noted above, that program is included as a contingency measure
in the State's second 10-year maintenance plan for the Charlotte,
Raleigh-Durham, and Winston-Salem CO maintenance areas pursuant to the
requirements of CAA section 175A(d). However, the requirement in
section 175(A)(d) for contingency measures to include all control
measures contained in the SIP prior to redesignation does not preclude
the removal of contingency measures from the maintenance plan once the
second 10-year maintenance plan period has expired. Here, the
Charlotte, Raleigh-Durham, and Winston-Salem areas' second 10-year
maintenance plan periods expired in 2015, as described above. Thus,
section 175A(d) does not preclude the removal from the SIP of the
oxygenated gasoline program for these areas. North Carolina's March 21,
2018, SIP revision seeking such a removal must, however, still comply
with the requirements of CAA sections 110(l) and 193, where
applicable.\7\
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\7\ CAA section 193 is not applicable to the instant SIP
revision because the oxygenated gasoline program was not a control
measure required to be adopted into the SIP by North Carolina for
these areas prior to November 15, 1990.
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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 March 21, 2018, SIP revision is
whether the non-interference demonstration associated with the removal
of the oxygenated gasoline program for the Charlotte, Raleigh-Durham,
and Winston-Salem areas satisfies section 110(l).
EPA evaluates each section 110(l) non-interference 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 EPA
has not yet made designations. The degree of analysis focused on any
NAAQS in a non-interference demonstration varies depending on the
nature of the emissions associated with the proposed SIP revision. With
regards to the removal of the oxygenated gasoline program in North
Carolina, the most relevant pollutant to consider is CO. EPA's analysis
of North Carolina's March 21, 2018, SIP revision pursuant to section
110(l) is provided below.
3. What is EPA's analysis of North Carolina's non-interference
demonstration?
a. Overall Preliminary Conclusions
On March 21, 2018, DAQ submitted a revision to North Carolina's
SIP-approved oxygenated gasoline program, along with a non-interference
demonstration to support the State's request to remove the program from
the North Carolina SIP. This demonstration includes an evaluation of
the impact that the removal of the oxygenated gasoline program for
Charlotte (Mecklenburg county), Raleigh-Durham (Wake and Durham
counties) and Winston-Salem (Forsyth county) would have on North
Carolina's ability to attain or maintain the NAAQS in the State. The
demonstration and EPA's analysis of the potential impact of the removal
of the program is below.
i. Non-interference Analysis for the CO NAAQS
EPA promulgated the CO NAAQS in 1971 and has retained the standards
since its last review of the standard in 2011. The primary NAAQS for CO
includes: (1) an 8-hour standard of 9.0 ppm, measured using the annual
second highest 8-hour concentration for two consecutive years as the
design value; and (2) a 1-hour average of 35 ppm, using the second
highest 1-hour average within a given year. The counties subject to
this proposed action have monitored data below the CO NAAQS for over 20
years.
Table 1 shows air quality data from monitoring sites in North
Carolina, for the 8-hour CO NAAQS in the three areas for 2010 through
2017. The design values are all well below the CO NAAQS (see Tables 1,
2 and 3).
[[Page 2112]]
Table 1--8-Hour CO Air Quality Data for Monitoring Sites in Charlotte Area
----------------------------------------------------------------------------------------------------------------
Annual 2nd
highest 8- Percent of
Year hour Design value the standard
concentration (ppm) of 9 ppm
(ppm)
----------------------------------------------------------------------------------------------------------------
2010............................................................ 1.7
2011............................................................ 1.5 1.7 19
2012............................................................ 1.5 1.5 17
2013............................................................ 1.6 1.6 18
2014............................................................ 1.3 1.6 18
2015............................................................ 1.2 1.3 14
2016............................................................ 1.0 1.2 13
2017............................................................ 1.3 1.3 14
----------------------------------------------------------------------------------------------------------------
Table 2--8-hour CO Air Quality Data for Monitoring Sites in Raleigh-Durham Area
----------------------------------------------------------------------------------------------------------------
Annual 2nd
highest 8- Percent of
Year hour Design value the standard
concentration (ppm) of 9 ppm
(ppm)
----------------------------------------------------------------------------------------------------------------
2010............................................................ 1.3
2011............................................................ 1.4 1.4 16
2012............................................................ 1.3 1.4 16
2013............................................................ 1.2 1.3 14
2014............................................................ 1.2 1.2 13
2015............................................................ 1.2 1.2 13
2016............................................................ 1.5 1.5 17
2017............................................................ 1.2 1.2 13
----------------------------------------------------------------------------------------------------------------
Table 3--8-hour CO Air Quality Data for Monitoring Sites in Winston-Salem Area
----------------------------------------------------------------------------------------------------------------
Percent of
Year Annual 2nd highest 8-hour Design value the standard
concentration (ppm) (ppm) of 9 ppm
----------------------------------------------------------------------------------------------------------------
2010.......................................... 1.9.............................
2011.......................................... 2.1............................. 2.1 23
2012.......................................... 1.2............................. 2.1 23
2013.......................................... 1.7............................. 1.7 19
2014.......................................... 1.5............................. 1.7 19
2015.......................................... 1.3............................. 1.5 17
2016.......................................... Monitor shut down in 2015.......
----------------------------------------------------------------------------------------------------------------
For the 1-hour CO standard of 35 ppm, all three areas have recent
design values that range from 4 percent to 6.6 percent of the standard.
For the Charlotte area, ambient monitoring data for 2016 and 2017 show
design values of 1.4 and 1.5 ppm, respectively. For the Raleigh-Durham
area, ambient monitoring data for 2016 and 2017 show design values of
2.3 and 1.6 ppm, respectively. For the Winston-Salem area, the design
value was 1.9 ppm for 2015. The monitor was approved to be and was shut
down after 2015 monitoring season.
It is important to also note, that emissions from vehicles have
dramatically been reduced through federal legislative and regulatory
actions. At the time when areas were experiencing violations of the CO
NAAQS in the 1970-1990, typical new cars were emitting nearly 13 grams
per mile hydrocarbons (HC), 3.6 grams per mile nitrogen oxides
(NOX), and 87 grams per mile CO. Since then, EPA has set
standards to bring down levels of these pollutants, and the auto
industry has responded by developing new emission control technologies.
As a result, new passenger vehicles are 98-99 percent cleaner for most
tailpipe pollutants compared to the 1960s, fuels are much cleaner--lead
has been eliminated, and sulfur levels are more than 90 percent lower
than they were prior to regulation. U.S. cities have much improved air
quality, despite ever increasing population and increasing vehicle
miles traveled, standards have sparked technology innovation from
industry. Today, no areas in the United States are violating the CO
NAAQS primarily due to the cleaner vehicle fleet.
As stated above, North Carolina's oxygenated gasoline program,
which was designed to control CO from vehicles, was moved into the
contingency portion of the Charlotte, Raleigh-Durham and the Winston-
Salem areas' maintenance plans, to be used only if needed. The State
has never needed to trigger implementing the oxygenated gasoline
program. Monitoring from 2008-2011 show that all three areas continue
to be well below (85 percent) the 8-hour CO NAAQS. For these reasons,
EPA proposes to agree with North Carolina's technical demonstration
that removal of the oxygenated gasoline program from the State's
implementation plan would not
[[Page 2113]]
interfere with maintenance of the CO NAAQS in the State or with any
other applicable requirement of the CAA.\8\
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\8\ CAA section 211(m) is an applicable requirement of the CAA
for certain CO nonattainment areas and areas that have been
redesignated to attainment (to the extent necessary for maintenance
of the standard). However, following the expiration of the 20-year
maintenance period (that is, at the end of the second 10-year
maintenance plan period), the area is in attainment for CO and
pursuant to CAA section 211(m)(6), an oxygenated gasoline program is
no longer required by the Act.
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ii. Non-interference Analysis for the Fine Particulate Matter
(PM2.5) NAAQS
Over the course of several years, EPA has reviewed and revised the
PM2.5 NAAQS several times. On July 16, 1997, EPA established
an annual PM2.5 NAAQS of 15.0 micrograms per cubic meter
([mu]g/m\3\), based on a 3-year average of annual mean PM2.5
concentrations, and a 24-hour PM2.5 NAAQS of 65 [mu]g/m\3\,
and based on a 3-year average of the 98th percentile of 24-hour
concentrations. See 62 FR 36852 (July 18, 1997). On September 21, 2006,
EPA retained the 1997 Annual PM2.5 NAAQS of 15.0 [mu]g/m\3\
but revised the 24-hour PM2.5 NAAQS to 35 [mu]g/m\3\, based
again on a 3-year average of the 98th percentile of 24-hour
concentrations. See 71 FR 61144 (October 17, 2006). On December 14,
2012, EPA retained the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/
m\3\ but revised the annual primary PM2.5 NAAQS to 12.0
[mu]g/m\3\, based again on a 3-year average of annual mean
PM2.5 concentrations. See 78 FR 3086 (January 15, 2013).
EPA promulgated designations for the 1997 Annual PM2.5
NAAQS on January 5, 2005 (70 FR 944), and April 14, 2005 (70 FR 19844).
On November 13, 2009 (74 FR 58699), and on January 15, 2015 (80 FR
2206), EPA published notices determining that the entire state of North
Carolina was unclassifiable/attainment for the 2006 daily
PM2.5 NAAQS and the 2012 Annual PM2.5 NAAQS,
respectively.
In North Carolina's March 21, 2018, SIP revision, the State
concluded that the removal of the oxygenated gasoline program would not
interfere with attainment or maintenance of the PM2.5 NAAQS.
The oxygenated gasoline program is not designed to reduce emissions for
PM2.5; therefore, removing it from the North Carolina SIP
will not have any impact on ambient concentrations of PM2.5.
EPA has evaluated the State's analysis and proposes to agree with North
Carolina's technical demonstration that removal of the oxygenated
gasoline program from the State's implementation plan would not
interfere with maintenance of the PM2.5 NAAQS in the State.
iii. Non-Interference Analysis for the 2010 Nitrogen Dioxide
(NO2) NAAQS
The 2010 NO2 NAAQS is set at 100 parts per billion
(ppb), based on the 3-year average of the 98th percentile of the yearly
distribution of 1-hour daily maximum concentrations. The annual
standard of 53 ppb is based on the annual mean concentration. On
February 17, 2012 (77 FR 9532), EPA designated all counties in North
Carolina as unclassifiable/attainment for the 2010 NO2
NAAQS.
Based on the technical analysis in North Carolina's March 21, 2018,
SIP revision, all NO2 monitors in the State are measuring
below the annual NO2 standard, and all near road monitors
are measuring well below the 1-hour NO2 standard. The
oxygenated gasoline program is not designed to reduce emissions for
NO2; therefore, removing it from the North Carolina SIP will
not have any impact on ambient concentrations of NO2. Given
the current unclassifiable/attainment designation and the results of
North Carolina's emissions analysis, EPA proposes to agree with North
Carolina's technical demonstration that removal of the oxygenated
gasoline program from the State's implementation plan would not
interfere with maintenance of the 2010 NO2 NAAQS in the
State.
iv. Non-Interference Analysis for the Ozone NAAQS
On July 18, 1997, EPA promulgated a revised 8-hour ozone standard
of 0.08 ppm. This standard was more stringent than the 1-hour ozone
standard that was promulgated in 1979. On March 12, 2008, EPA revised
both the primary and secondary NAAQS for ozone to a level of 0.075 ppm
to provide increased protection of public health and the environment.
See 73 FR 16436 (March 27, 2008). The 2008 ozone NAAQS retains the same
general form and averaging time as the 0.08 ppm NAAQS set in 1997, but
is set at a more protective level. Under EPA's regulations at 40 CFR
part 50, the 2008 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth highest daily maximum 8-hour average
ambient air quality ozone concentrations is less than or equal to 0.075
ppm. See 40 CFR 50.15. On October 26, 2015 (80 FR 65292), EPA published
a final rule lowering the level of the 8-hour ozone NAAQS to 0.070 ppm.
North Carolina is currently designated attainment statewide for the
all the ozone NAAQS. On November 6, 2017 (82 FR 54232), EPA designated
the entire state of North Carolina attainment/unclassifiable for the
2015 8-hour ozone NAAQS. Additionally, all the counties subject to this
proposed rulemaking were designated ``unclassifiable/attainment'' for
the 2008 8-hour ozone NAAQS on May 21, 2012. See 77 FR 30088.
Given the current unclassifiable/attainment designation and the
results of North Carolina's emissions analysis, EPA proposes to agree
with North Carolina's technical demonstration that removal of the
oxygenated gasoline program from the State's implementation plan would
not interfere with maintenance of the ozone NAAQS in the State.
v. Non-Interference Analysis for the Sulfur Dioxide (SO2)
NAAQS
On June 22, 2010 (75 FR 35520), EPA revised the 1-hour
SO2 NAAQS to 75 ppb which became effective on August 23,
2010. On August 5, 2013 (78 FR 47191), EPA initially designated
nonattainment only in areas with violating 2009-2011 monitoring data.
EPA did not designate any county in North Carolina for the 2010 1-hour
SO2 NAAQS as part of the initial designation. On March 2,
2015, a Consent Decree was entered by order of the United States
District Court for the Northern District of California requiring EPA to
complete designations for the remaining areas in the Country by three
specific deadlines according to a court-ordered schedule.\9\ For North
Carolina, EPA designated the entire state attainment/unclassifiable for
SO2 on December 21, 2017 (effective April 9, 2018 https://www.gpo.gov/fdsys/pkg/FR-2018-01-09/pdf/2017-28423.pdf) except for the
following townships/counties: Beaverdam Township (Haywood County);
Limestone Township (Buncombe County); and Cunningham Township (Person
County). Counties listed above deployed monitors which EPA is required
to designate by December 31, 2020. Also, a portion of Brunswick County
was designated unclassifiable effective in August 2016.
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\9\ Copy of the Consent Decree--https://www.epa.gov/so2designations/pdfs/201503FinalCourtOrder.pdf.
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Based on the technical analysis in North Carolina's March 21, 2018,
SIP revision, the State concluded that removal of the oxygenated
gasoline program would not interfere with attainment or maintenance of
the SO2 NAAQS. The sulfur content in fuel has been
significantly decreased through EPA's Tier 2 and Tier 3 rulemakings
[[Page 2114]]
which tightened engine standards and required that fuel formulations
contain reduced levels of sulfur. See 65 FR 6698 (February 10, 2000)
and 81 FR 23641 (April 22, 2016). Further, the oxygenated gasoline
program is not designed to reduce emissions for SO2,
therefore, removing it from the North Carolina SIP will not have any
impact on ambient concentrations of SO2. For these reasons,
EPA proposes to agree with North Carolina's technical demonstration
that removal of the oxygenated gasoline program from the State's
implementation plan would not interfere with maintenance of the 2010
SO2 NAAQS in the State.
vi. Non-Interference Analysis for 2008 Lead NAAQS
On November 12, 2008 (73 FR 66964), EPA promulgated a revised
primary and secondary lead NAAQS of 0.15 [micro]g/m\3\. Under EPA's
regulations at 40 CFR part 50, the 2008 lead NAAQS are met when the
maximum arithmetic 3-month mean concentration for a 3-year period, as
determined in accordance with Appendix R of 40 CFR part 50, is less
than or equal to 0.15 [micro]g/m\3\. See 40 CFR 50.16. On November 8,
2011 (76 FR 72907), EPA designated the entire State of North Carolina
as unclassifiable/attainment for that NAAQS. North Carolina's ambient
lead levels have remained well below the standard. The oxygenated
gasoline program is not designed to reduce emissions for lead,
therefore, removing it from the North Carolina SIP will not have any
impact on ambient concentrations of lead. For these reasons, EPA
proposes to agree with North Carolina's technical demonstration that
removal of the oxygenated gasoline program from the State's
implementation plan would not interfere with maintenance of the 2008
lead NAAQS in the State.
B. Rules Submitted for Readoption Only
On November 9, 2017, the North Carolina Environmental Management
Commission amended and readopted various air quality rules in 15A NCAC
02D.\10\ The rules that were submitted for readoption with no changes
are contained in Section .0200, Air Pollution Sources as follows: \11\
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\10\ This was done pursuant to the requirements of North
Carolina's General Statute (G.S. 150B-21.3A), adopted by the State
in 2013.
\11\ While these readopted rules contain no changes, the
aforementioned review and readoption made pursuant to G.S. 150B-
21.3A, revises the state effective date of the rules to January 1,
2018.
.0201, Classification of Air Pollution Sources
.0202, Registration of Air Pollution Sources
Because these readopted rules contain no changes to the current
SIP-approved version, EPA is proposing to approve the readopted rules
into the North Carolina SIP.
C. Amended Rules
As noted above, on November 9, 2017, the North Carolina
Environmental Management Commission amended and readopted various air
quality rules in 15A NCAC 02D. The rules that were amended are
contained in Sections .0100, Definitions and References, .0200, Air
Pollution Sources, .0300, Air Pollution Emergencies, and .0400, Ambient
Air Quality Standards. More specifically, the following rules were
amended and updated:
.0101, Definitions
.0103, Copies of Referenced Federal Regulations
.0104, Incorporation by Reference
.0105, Mailing List
.0302, Episode Criteria
.0303, Emission Reduction Plans
.0304, Preplanned Abatement Program
.0305, Emission Reduction Plan: Alert Level
.0306, Emission Reduction Plan: Warning Level
.0307, Emission Reduction Plan: Emergency Level
.0401, Purpose
.0402, Sulfur Oxides
.0404, Carbon Monoxide
.0407, Nitrogen Dioxide
.0408, Lead
.0409, PM10 Particulate Matter
.0410, PM2.5 Particulate Matter
Section .0100, Definitions is amended to update the format of units
and references and Sections .0103, .0104, and .0105 are amended to
update agency name, addresses and to include web referenced documents
and costs.
Section .0300, Air Pollution Emergencies addresses the prevention
of buildup of air contaminants during an air pollution episode to
prevent a public health emergency. Section .0302 is amended to update
the format of units, to update who proclaims air quality alerts and
warnings and declarations of emergency at various pollutant levels
requiring abatement actions from the Director to the Secretary's level
with concurrence of the Governor, to remove obsolete pollutant levels
triggering such proclamations or declarations and to renumber the
subsections as a result of the aforementioned changes. The amendments
to Sections .0303 and .0304 update the format of references for air
pollution alerts, warnings and emergencies. Sections .0305, .0306, and
.0307 are amended to eliminate redundant language in paragraph 4 for
open burning requirements.
Section .0400, Ambient Air Quality Standards contains the ambient
air quality standards and associated monitoring methodologies for the
State that reflect the NAAQS. Specifically, Sections .0401 and .0409,
and .0410 are amended to update the format of references and acronym
changes were made to .0402, .0404, .0407, and .0408.
EPA views all of the above amendments as minor or ministerial and
is proposing to approve these rules, as amended, into the North
Carolina SIP.
III. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the following air quality rules under Subchapter 2D Air
Pollution Control Requirements, Sections .0101, Definitions,.0103,
Copies of Referenced Federal Regulations, .0104, Incorporation by
Reference, .0105, Mailing List, .0201, Classification of Air Pollution
Sources, .0202, Registration of Air Pollution Sources, .0302, Episode
Criteria, .0303, Emission Reduction Plans, .0304, Preplanned Abatement
Program, .0305, Emission Reduction Plan: Alert Level, .0306, Emission
Reduction Plan: Warning Level, .0307, Emission Reduction Plan:
Emergency Level, .0401, Purpose, .0402, Sulfur Oxides, .0404, Carbon
Monoxide, .0407, Nitrogen Dioxide, .0408, Lead, .0409, PM10
Particulate Matter, and .0410, PM2.5 Particulate Matter,
state effective January 1, 2018. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 office (please contact the person identified in
the For Further Information Contact section of this preamble for more
information).
IV. Proposed Action
For the reasons explained above, EPA is proposing to approve North
Carolina's March 21, 2018, SIP revisions seeking to readopt and amend
various air quality rules, and to remove the oxygenated gasoline
program from North Carolina's SIP. With regard to the oxygenated
gasoline program, EPA is proposing to agree with North Carolina's
technical demonstration that removal of the program from the State's
implementation plan will not interfere with continued attainment or
maintenance of any applicable NAAQS or with any other applicable
requirement of the CAA, and that the requirements of CAA section 110(l)
have been satisfied. Specifically, EPA is
[[Page 2115]]
proposing to remove oxygenated gasoline rules under Subchapter 2D,
Sections .1300, .1301, .1302, .1303, .1304 and .1305 in their entirety
from the North Carolina SIP.
EPA is also proposing to approve North Carolina's March 21, 2018,
SIP revision for the readoption without changes of the rules identified
in Supchapter 2D, Section .0200 and for the minor amendments to rules
identified in Sections .0100, .0300, .0400.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, these proposed actions:
Are not significant regulatory actions 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);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 17, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-01112 Filed 2-5-19; 8:45 am]
BILLING CODE 6560-50-P
