Air Plan Approval; North Carolina; Revision to Approved Motor Vehicle Emissions Budgets, 47387-47390 [2021-18247]
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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
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Graves to fix technical errors and
dropped amendments, published on
August 6, 2021, in the Federal Register
at 86 FR 43091.
In FR Rule Doc. No. 2021–16660,
beginning on page 43091 in the August
6, 2021 issue, make the following
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Corrections
1. On page 43092 in the regulatory
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§ 38.600
[Corrected]
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Dated: August 20, 2021
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2021–18285 Filed 8–24–21; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0515; FRL–8852–02–
R4]
Air Plan Approval; North Carolina;
Revision to Approved Motor Vehicle
Emissions Budgets
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the North Carolina State
Implementation Plan (SIP), submitted
on July 16, 2020, by the State of North
Carolina, through the North Carolina
Department of Environment and Natural
Resources, Division of Air Quality
(NCDAQ) for the purpose of allocating
a portion of the available 2026 safety
margin in the 2008 8-hour Ozone
Maintenance Plan to the 2026 nitrogen
oxides (NOX) and volatile organic
compounds (VOC) motor vehicle
emissions budgets (‘‘MVEBs’’ or
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SUMMARY:
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‘‘budgets’’) for the North Carolina
portion of the Charlotte-Rock Hill, NCSC bi-state Area (hereinafter referred to
as the ‘‘North Carolina portion of the
Charlotte Maintenance Area’’) to
account for uncertainty associated with
the mobile emissions model and
unanticipated growth in vehicle miles
traveled for the North Carolina portion
of the Charlotte Maintenance Area. The
revision also updates the 2026 MVEBs
which are used for transportation
conformity. NCDAQ’s July 16, 2020,
submission supplements the revised
2008 8-hour Ozone Maintenance Plan
submitted by NCDAQ on July 25, 2018,
and approved by EPA on September 11,
2019. EPA is approving North Carolina’s
July 16, 2020, supplemental SIP revision
pursuant to the Clean Air Act (CAA or
Act) and deeming the MVEBs adequate
for transportation conformity purposes
because the SIP meets all the statutory
and regulatory requirements.
DATES: This rule is effective September
24, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0515. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Dianna Myers, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9207. Ms. Dianna Myers can
also be reached via electronic mail at
Myers.Dianna@epa.gov.
SUPPLEMENTARY INFORMATION:
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47387
I. This Action
EPA is approving NCDAQ’s July 16,
2020, SIP revision allocating a portion
of the available safety margin to revise
the 2026 NOX and VOC budgets for the
North Carolina portion of Charlotte 2008
8-hour Ozone Maintenance Area for
transportation conformity purposes.
NCDAQ requested approval of the July
16, 2020, SIP revision in order to
account for unanticipated changes in
the travel demand model, such as
unanticipated growth in vehicle miles
traveled, changes and uncertainty in
vehicle mix assumptions, and
uncertainty associated with mobile
emissions modeling.
Upon approval, the revised 2026
budgets from NCDAQ’s July 16, 2020,
SIP revision will replace the existing
budgets in the State’s 2008 8-hour
Ozone Maintenance Plan revision
approved on September 11, 2019. See 84
FR 47889. These newly revised NOX
and VOC 2026 budgets must be used in
future transportation conformity
analyses for the Area according to the
transportation conformity rule. See 40
CFR 93.118. Also, all emissions
inventories (on-road, point, area, and
nonroad) from NCDAQ’s September 11,
2019, SIP revision remain the same.
This action only approves the allocation
of a portion of the available safety
margin to the 2026 NOX and VOC
MVEBs. EPA is approving North
Carolina’s July 16, 2020, SIP revision
because it continues to demonstrate
maintenance for the Charlotte
Maintenance Area.
II. Background
Effective July 20, 2012, EPA
designated the Charlotte-Rock Hill, NCSC Area as Marginal nonattainment for
the 2008 8-hour ozone national ambient
air quality standard (hereinafter referred
to as NAAQS or standard). The North
Carolina portion of the Charlotte 2008
Maintenance Area includes
Mecklenburg in its entirety and portions
of Cabarrus, Gaston, Iredell, Lincoln,
Rowan, and Union counties. The
Charlotte Maintenance Area also
includes a portion of York County
located in Rock Hill, South Carolina.
See 77 FR 30088. The North Carolina
portion of the Charlotte Maintenance
Area is comprised of three metropolitan
planning organizations (MPOs): The
Charlotte Regional Transportation
Planning Organization (CRTPO) which
covers Iredell, Mecklenburg, and Union
counties; the Cabarrus-Rowan
Metropolitan Planning Organization
(CRMPO) which covers Cabarrus and
Rowan counties; and the GastonCleveland-Lincoln Metropolitan
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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
Planning Organization (GCLMPO)
which covers Gaston, Cleveland, and
Lincoln counties. Although Cleveland
County is included in the GCLMPO
planning boundary, it was not included
in the North Carolina portion of the
Charlotte Maintenance Area. Each MPO
has its own budget referred to as a ‘‘subarea budget or sub-area MVEBs.’’ The
York County, South Carolina portion of
this maintenance area has a separate
MPO and budgets. The South Carolina
portion of the maintenance area
implements transportation conformity
independent of the North Carolina
portion.
EPA originally approved NCDAQ’s
2008 8-hour ozone redesignation request
and maintenance SIP for the North
Carolina portion of the Charlotte
Maintenance Area on July 28, 2015 (80
FR 44873), with base year NOX and VOC
actual emissions inventories for 2014;
projected, future, interim year
inventories for 2015, 2018, and 2022;
and projected final year emission
inventory for 2026. On August 17, 2015
(80 FR 49164), EPA approved North
Carolina’s section 110(l) noninterference
demonstration requesting relaxation of
the Federal Reid Vapor Pressure from
7.8 pounds per square inch (psi) to 9.0
psi and a revision to the 2026 NOX and
VOC sub-area MVEBs for Mecklenburg
and Gaston Counties only. See 80 FR
44868.
On September 11, 2019 (84 FR 47889),
EPA approved NCDAQ’s July 25, 2018,
SIP revision related to North Carolina’s
I/M Program. The September 11, 2019,
SIP approval updated the on-road
mobile source inventory and revised the
2026 sub-area VOC and NOX budgets;
these remain the current SIP-approved
MVEBs and inventories. The revised
2026 MVEBs became effective on
October 11, 2019.
EPA’s analysis of North Carolina’s
July 16, 2020, SIP submittal indicates
that maintenance will continue to be
demonstrated for the Charlotte
Maintenance Area after allocation of a
portion of the safety margin to the 2026
MVEBs because the total level of
emissions from all source categories
remains equal to or less than the
attainment level of emissions.
In a notice of proposed rulemaking
(NPRM), published in the Federal
Register on June 23, 2021 (86 FR 32850),
EPA proposed to approve the July 16,
2020, SIP revision. The details of North
Carolina’s submittal and the rationale
for EPA’s action are further explained in
the NPRM. Comments on the June 23,
2021, NPRM were due on or before July
23, 2021. EPA did not receive any
comments.
Tables 1 through 3, below, provide
the newly revised 2026 NOX and VOC
sub-area MVEBs with the new safety
margin 1 allocations in kilograms per
day (kg/day) for transportation
conformity purposes (2014 is only
shown for illustration because no
changes are being made to the MVEBs
for that year).
TABLE 1—CABARRUS ROWAN METROPOLITAN PLANNING ORGANIZATION (CRMPO) MVEBS IN 2014 AND 2026
[kg/day] *
Base On-road Emissions .................................................................................
Safety margin allocated to MVEB ...................................................................
Conformity MVEB ............................................................................................
2014 NOX
2014 VOC
11,814
........................
11,814
7,173
........................
7,173
2026 NOX
2026 VOC
3,381
1,522
4,903
3,371
1,517
4,888
* Includes the portion of Cabarrus and Rowan Counties in the maintenance area.
TABLE 2—GASTON-CLEVELAND-LINCOLN METROPOLITAN PLANNING ORGANIZATION (GCLMPO) MVEBS IN 2014 AND
2026
[kg/day] *
Base On-road Emissions .................................................................................
Safety margin allocated to MVEB ...................................................................
Conformity MVEB ............................................................................................
2014 NOX
2014 VOC
10,079
........................
10,079
5,916
........................
5,916
2026 NOX
2026 VOC
2,681
1,087
3,768
2,468
1,004
3,472
* Includes the portion of Gaston and Lincoln counties in the maintenance area. Although Cleveland County is included in the MPO, it is not included in the Charlotte ozone maintenance area.
TABLE 3—CHARLOTTE REGIONAL TRANSPORTATION PLANNING ORGANIZATION (CRTPO)—ROCKY RIVER RURAL
PLANNING ORGANIZATION (RRRPO) MVEBS IN 2014 AND 2026
[kg/day] *
Base On-road Emissions .................................................................................
Safety margin allocated to MVEB ...................................................................
Conformity MVEB ............................................................................................
2014 NOX
2014 VOC
32,679
........................
32,679
18,038
........................
18,038
2026 NOX
2026 VOC
8,870
3,371
12,241
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* Includes all of Mecklenburg County and a portion of Iredell and Union Counties in the maintenance area.
The remaining safety margin after the
allocation to the 2026 MVEBs is 63.31
tons per day (tons/day) and 13.73 tons/
day for NOX and VOC, respectively is
provided below in Table 4.
1 A safety margin is the difference between the
attainment level of emissions from all source
categories (i.e., point, area, on-road, and nonroad)
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and the projected level of emissions in the
maintenance year from all source categories.
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8,655
3,288
11,943
47389
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
TABLE 4—NEW SAFETY MARGINS FOR THE NORTH CAROLINA PORTION OF THE CHARLOTTE MAINTENANCE AREA
NOX
(tons/day)
Year
2014
2015
2018
2022
2026
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
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III. Final Action
EPA has evaluated North Carolina’s
submittal and has determined that it
meets the applicable requirements of the
CAA and EPA regulations, and is
consistent with EPA policy.
Therefore, EPA is approving
NCDAQ’s July 16, 2020 SIP revision
requesting to revise the Charlotte 2008
8-hr Ozone Maintenance Plan in order
to allocate a portion of the available
safety margin to the 2026 NOX and VOC
MVEBs. The revised MVEBs ensure
continued attainment of the 2008 8-hour
ozone NAAQS through the maintenance
year 2026. In addition, EPA is deeming
the MVEBs adequate for transportation
conformity purposes because the
budgets meet the adequacy criteria in
the conformity rule at 40 CFR
93.118(e)(4). Within 24 months from the
effective date of this approval, the
transportation partners are required to
demonstrate conformity to the revised
NOX and VOC MVEBs pursuant to 40
CFR 93.104(e).
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided they meet the criteria of the
CAA. This action merely approves state
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
state law. For that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
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• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). The
SIP is not approved to apply on any
Indian reservation land or in any other
area where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
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VOC
(tons/day)
N/A
¥5.99
¥45.49
¥63.74
¥63.31
N/A
¥2.03
¥13.30
¥15.84
¥10.73
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 25, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 18, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. In section 52.1770 in paragraph (e)
amend the table by adding a new entry
for ‘‘MVEB Revision to the 2008 8-hour
ozone Maintenance Plan for the North
Carolina portion of the bi-state Charlotte
Area’’ at the end of the table to read as
follows:
■
§ 52.1770
*
Identification of plan.
*
*
(e) * * *
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*
*
47390
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
*
*
MVEB Revision to the 2008 8-hour ozone Maintenance Plan
for the North Carolina portion of the bi-state Charlotte
Area.
[FR Doc. 2021–18247 Filed 8–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0602; FRL–8833–02–
R5]
Air Plan Approval; Ohio; Ohio Permit
Fee Rule Removal
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving under the
Clean Air Act (CAA), a revision to
Ohio’s State Implementation Plan (SIP),
submitted by the Ohio Environmental
Protection Agency (OEPA) on November
12, 2020, and supplemented on
February 11, 2021. OEPA requested to
remove the Ohio Administrative Code
(OAC) Permit Fees rule provisions from
the Ohio SIP because they no longer
exist at the state level and have been
superseded by the fee system in Ohio’s
Title V permitting program and the Ohio
Revised Code (ORC). OEPA rescinded
the permit fee rules at the state level in
2003. EPA proposed to approve this
action on April 13, 2021, and received
no comments.
DATES: This final rule is effective on
September 24, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0602. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
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SUMMARY:
VerDate Sep<11>2014
15:42 Aug 24, 2021
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*
7/16/2020
EPA
approval
date
*
8/25/2021
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Richard
Angelbeck, Environmental Scientist, at
(312) 886–9698 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Richard Angelbeck, Environmental
Scientist, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–9698,
angelbeck.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On April 13, 2021, EPA proposed to
approve the removal of all OAC Chapter
3745–45 provisions from the Ohio SIP
(86 FR 19174). An explanation of the
CAA requirements, a detailed analysis
of the revisions, and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking, and
will not be restated here. The public
comment period for this proposed rule
ended on May 13, 2021. EPA received
no comments on the proposal.
Therefore, we are finalizing our action
as proposed.
II. Final Action
EPA is approving the removal of
Ohio’s OAC Chapter 3745–45 Permit
Fee rule from the Ohio SIP. Removing
OAC Chapter 3745–45 from the Ohio
SIP is consistent with Federal
regulations governing state permitting
programs and would not interfere with
reasonable further progress or
attainment of any national ambient air
quality standards.
III. Incorporation by Reference
In this rule, EPA is amending
regulatory text that includes
incorporation by reference. As described
in the amendments to 40 CFR part 52 set
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Federal Register
citation
*
[Insert citation of publication]
Explanation
*
........................
forth below, EPA is removing provisions
of the EPA-Approved Ohio Regulations
from the Ohio SIP, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
EPA has made, and will continue to
make the SIP generally available
through www.regulations.gov and at the
EPA Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Statutory and Executive Order
Reviews.
Under the CAA the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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]]>Agencies
[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47387-47390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18247]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0515; FRL-8852-02-R4]
Air Plan Approval; North Carolina; Revision to Approved Motor
Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the North Carolina State Implementation Plan (SIP),
submitted on July 16, 2020, by the State of North Carolina, through the
North Carolina Department of Environment and Natural Resources,
Division of Air Quality (NCDAQ) for the purpose of allocating a portion
of the available 2026 safety margin in the 2008 8-hour Ozone
Maintenance Plan to the 2026 nitrogen oxides (NOX) and
volatile organic compounds (VOC) motor vehicle emissions budgets
(``MVEBs'' or ``budgets'') for the North Carolina portion of the
Charlotte-Rock Hill, NC-SC bi-state Area (hereinafter referred to as
the ``North Carolina portion of the Charlotte Maintenance Area'') to
account for uncertainty associated with the mobile emissions model and
unanticipated growth in vehicle miles traveled for the North Carolina
portion of the Charlotte Maintenance Area. The revision also updates
the 2026 MVEBs which are used for transportation conformity. NCDAQ's
July 16, 2020, submission supplements the revised 2008 8-hour Ozone
Maintenance Plan submitted by NCDAQ on July 25, 2018, and approved by
EPA on September 11, 2019. EPA is approving North Carolina's July 16,
2020, supplemental SIP revision pursuant to the Clean Air Act (CAA or
Act) and deeming the MVEBs adequate for transportation conformity
purposes because the SIP meets all the statutory and regulatory
requirements.
DATES: This rule is effective September 24, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0515. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9207. Ms. Dianna Myers can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. This Action
EPA is approving NCDAQ's July 16, 2020, SIP revision allocating a
portion of the available safety margin to revise the 2026
NOX and VOC budgets for the North Carolina portion of
Charlotte 2008 8-hour Ozone Maintenance Area for transportation
conformity purposes. NCDAQ requested approval of the July 16, 2020, SIP
revision in order to account for unanticipated changes in the travel
demand model, such as unanticipated growth in vehicle miles traveled,
changes and uncertainty in vehicle mix assumptions, and uncertainty
associated with mobile emissions modeling.
Upon approval, the revised 2026 budgets from NCDAQ's July 16, 2020,
SIP revision will replace the existing budgets in the State's 2008 8-
hour Ozone Maintenance Plan revision approved on September 11, 2019.
See 84 FR 47889. These newly revised NOX and VOC 2026
budgets must be used in future transportation conformity analyses for
the Area according to the transportation conformity rule. See 40 CFR
93.118. Also, all emissions inventories (on-road, point, area, and
nonroad) from NCDAQ's September 11, 2019, SIP revision remain the same.
This action only approves the allocation of a portion of the available
safety margin to the 2026 NOX and VOC MVEBs. EPA is
approving North Carolina's July 16, 2020, SIP revision because it
continues to demonstrate maintenance for the Charlotte Maintenance
Area.
II. Background
Effective July 20, 2012, EPA designated the Charlotte-Rock Hill,
NC-SC Area as Marginal nonattainment for the 2008 8-hour ozone national
ambient air quality standard (hereinafter referred to as NAAQS or
standard). The North Carolina portion of the Charlotte 2008 Maintenance
Area includes Mecklenburg in its entirety and portions of Cabarrus,
Gaston, Iredell, Lincoln, Rowan, and Union counties. The Charlotte
Maintenance Area also includes a portion of York County located in Rock
Hill, South Carolina. See 77 FR 30088. The North Carolina portion of
the Charlotte Maintenance Area is comprised of three metropolitan
planning organizations (MPOs): The Charlotte Regional Transportation
Planning Organization (CRTPO) which covers Iredell, Mecklenburg, and
Union counties; the Cabarrus-Rowan Metropolitan Planning Organization
(CRMPO) which covers Cabarrus and Rowan counties; and the Gaston-
Cleveland-Lincoln Metropolitan
[[Page 47388]]
Planning Organization (GCLMPO) which covers Gaston, Cleveland, and
Lincoln counties. Although Cleveland County is included in the GCLMPO
planning boundary, it was not included in the North Carolina portion of
the Charlotte Maintenance Area. Each MPO has its own budget referred to
as a ``sub-area budget or sub-area MVEBs.'' The York County, South
Carolina portion of this maintenance area has a separate MPO and
budgets. The South Carolina portion of the maintenance area implements
transportation conformity independent of the North Carolina portion.
EPA originally approved NCDAQ's 2008 8-hour ozone redesignation
request and maintenance SIP for the North Carolina portion of the
Charlotte Maintenance Area on July 28, 2015 (80 FR 44873), with base
year NOX and VOC actual emissions inventories for 2014;
projected, future, interim year inventories for 2015, 2018, and 2022;
and projected final year emission inventory for 2026. On August 17,
2015 (80 FR 49164), EPA approved North Carolina's section 110(l)
noninterference demonstration requesting relaxation of the Federal Reid
Vapor Pressure from 7.8 pounds per square inch (psi) to 9.0 psi and a
revision to the 2026 NOX and VOC sub-area MVEBs for
Mecklenburg and Gaston Counties only. See 80 FR 44868.
On September 11, 2019 (84 FR 47889), EPA approved NCDAQ's July 25,
2018, SIP revision related to North Carolina's I/M Program. The
September 11, 2019, SIP approval updated the on-road mobile source
inventory and revised the 2026 sub-area VOC and NOX budgets;
these remain the current SIP-approved MVEBs and inventories. The
revised 2026 MVEBs became effective on October 11, 2019.
EPA's analysis of North Carolina's July 16, 2020, SIP submittal
indicates that maintenance will continue to be demonstrated for the
Charlotte Maintenance Area after allocation of a portion of the safety
margin to the 2026 MVEBs because the total level of emissions from all
source categories remains equal to or less than the attainment level of
emissions.
In a notice of proposed rulemaking (NPRM), published in the Federal
Register on June 23, 2021 (86 FR 32850), EPA proposed to approve the
July 16, 2020, SIP revision. The details of North Carolina's submittal
and the rationale for EPA's action are further explained in the NPRM.
Comments on the June 23, 2021, NPRM were due on or before July 23,
2021. EPA did not receive any comments.
Tables 1 through 3, below, provide the newly revised 2026
NOX and VOC sub-area MVEBs with the new safety margin \1\
allocations in kilograms per day (kg/day) for transportation conformity
purposes (2014 is only shown for illustration because no changes are
being made to the MVEBs for that year).
---------------------------------------------------------------------------
\1\ A safety margin is the difference between the attainment
level of emissions from all source categories (i.e., point, area,
on-road, and nonroad) and the projected level of emissions in the
maintenance year from all source categories.
Table 1--Cabarrus Rowan Metropolitan Planning Organization (CRMPO) MVEBs in 2014 and 2026
[kg/day] *
----------------------------------------------------------------------------------------------------------------
2014 NOX 2014 VOC 2026 NOX 2026 VOC
----------------------------------------------------------------------------------------------------------------
Base On-road Emissions.......................... 11,814 7,173 3,381 3,371
Safety margin allocated to MVEB................. .............. .............. 1,522 1,517
Conformity MVEB................................. 11,814 7,173 4,903 4,888
----------------------------------------------------------------------------------------------------------------
* Includes the portion of Cabarrus and Rowan Counties in the maintenance area.
Table 2--Gaston-Cleveland-Lincoln Metropolitan Planning Organization (GCLMPO) MVEBs in 2014 and 2026
[kg/day] *
----------------------------------------------------------------------------------------------------------------
2014 NOX 2014 VOC 2026 NOX 2026 VOC
----------------------------------------------------------------------------------------------------------------
Base On-road Emissions.......................... 10,079 5,916 2,681 2,468
Safety margin allocated to MVEB................. .............. .............. 1,087 1,004
Conformity MVEB................................. 10,079 5,916 3,768 3,472
----------------------------------------------------------------------------------------------------------------
* Includes the portion of Gaston and Lincoln counties in the maintenance area. Although Cleveland County is
included in the MPO, it is not included in the Charlotte ozone maintenance area.
Table 3--Charlotte Regional Transportation Planning Organization (CRTPO)--Rocky River Rural Planning
Organization (RRRPO) MVEBs in 2014 and 2026
[kg/day] *
----------------------------------------------------------------------------------------------------------------
2014 NOX 2014 VOC 2026 NOX 2026 VOC
----------------------------------------------------------------------------------------------------------------
Base On-road Emissions.......................... 32,679 18,038 8,870 8,655
Safety margin allocated to MVEB................. .............. .............. 3,371 3,288
Conformity MVEB................................. 32,679 18,038 12,241 11,943
----------------------------------------------------------------------------------------------------------------
* Includes all of Mecklenburg County and a portion of Iredell and Union Counties in the maintenance area.
The remaining safety margin after the allocation to the 2026 MVEBs
is 63.31 tons per day (tons/day) and 13.73 tons/day for NOX
and VOC, respectively is provided below in Table 4.
[[Page 47389]]
Table 4--New Safety Margins for the North Carolina Portion of the Charlotte Maintenance Area
----------------------------------------------------------------------------------------------------------------
NOX (tons/ VOC (tons/
Year day) day)
----------------------------------------------------------------------------------------------------------------
2014............................................................................ N/A N/A
2015............................................................................ -5.99 -2.03
2018............................................................................ -45.49 -13.30
2022............................................................................ -63.74 -15.84
2026............................................................................ -63.31 -10.73
----------------------------------------------------------------------------------------------------------------
III. Final Action
EPA has evaluated North Carolina's submittal and has determined
that it meets the applicable requirements of the CAA and EPA
regulations, and is consistent with EPA policy.
Therefore, EPA is approving NCDAQ's July 16, 2020 SIP revision
requesting to revise the Charlotte 2008 8-hr Ozone Maintenance Plan in
order to allocate a portion of the available safety margin to the 2026
NOX and VOC MVEBs. The revised MVEBs ensure continued
attainment of the 2008 8-hour ozone NAAQS through the maintenance year
2026. In addition, EPA is deeming the MVEBs adequate for transportation
conformity purposes because the budgets meet the adequacy criteria in
the conformity rule at 40 CFR 93.118(e)(4). Within 24 months from the
effective date of this approval, the transportation partners are
required to demonstrate conformity to the revised NOX and
VOC MVEBs pursuant to 40 CFR 93.104(e).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided they meet the criteria of the CAA. This action merely approves
state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not
approved to apply on any Indian reservation land or in any other area
where EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian country, the rule does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 25, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 18, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In section 52.1770 in paragraph (e) amend the table by adding a new
entry for ``MVEB Revision to the 2008 8-hour ozone Maintenance Plan for
the North Carolina portion of the bi-state Charlotte Area'' at the end
of the table to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
[[Page 47390]]
EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Provision effective date date citation Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
MVEB Revision to the 2008 8-hour ozone 7/16/2020 8/25/2021 [Insert citation of ..............
Maintenance Plan for the North publication].
Carolina portion of the bi-state
Charlotte Area.
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[FR Doc. 2021-18247 Filed 8-24-21; 8:45 am]
BILLING CODE 6560-50-P
