[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Proposed Rules]
[Pages 34303-34305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13610]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0140; FRL-9820-8]


Approval and Promulgation of Implementation Plans; North 
Carolina; Removal of Stage II Gasoline Vapor Recovery Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve changes to the North Carolina 
State Implementation Plan (SIP) submitted by the State of North 
Carolina Department of Environment and Natural Resources (NC DENR), 
Division of Air Quality on September 18, 2009, for the purpose of 
removing Stage II vapor control requirements for new and upgraded 
gasoline dispensing facilities in the State. The September 18, 2009, 
SIP revision also addresses several non-Stage II related rule changes. 
However, action on the other portions for the September 18, 2009, SIP 
revision is being addressed in a separate rulemaking action. EPA has 
preliminarily determined that North Carolina's September 18, 2009, SIP 
revision regarding the Stage II vapor control requirements is 
approvable because it is consistent with the Clean Air Act (CAA or 
Act).

DATES: Written comments must be received on or before July 8, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0140, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2009-0140''--Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2009-0140. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling 
and Transportation Section, Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The 
telephone number is (404) 562-9222. Ms. Sheckler can be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 34304]]

Table of Contents

I. Background
II. Analysis of State's Submittal
III. Proposed Action
IV. Statutory and Executive Order Review

I. Background

    EPA, under the CAA Amendments of 1990, designated (pursuant to 
section 107(d)(1)) and classified certain counties in North Carolina, 
either in their entirety or portions thereof, as ``moderate'' ozone 
nonattainment areas for the 1-hour ozone national ambient air quality 
standards (NAAQS). Specifically, the Charlotte-Gastonia Area (comprised 
of Gaston and Mecklenburg Counties); Greensboro-Winston-Salem-High 
Point Area (comprised of Davidson, Davis (partial), Forsyth and 
Guilford Counties); and Raleigh-Durham Area (comprised of Durham, 
Granville (partial), and Wake Counties) were all designated as 
``moderate'' ozone nonattainment areas for the 1-hour ozone NAAQS. The 
designations were based on the Areas' 1-hour ozone design values for 
the 1987-1989 three-year period. The ``moderate'' classification 
triggered various statutory requirements for these Areas including 
included the Stage II vapor recovery requirements pursuant to section 
182(b)(3) of the CAA.
    Prior to the deadline for implementing the requirement of section 
182(b)(3) of the CAA, the Charlotte-Gastonia, Greensboro-Winston-Salem-
High Point and the Raleigh-Durham Areas in North Carolina attained the 
1-hour ozone NAAQS. North Carolina had implemented all measures 
required at the time for moderate ozone nonattainment areas under the 
CAA, and with three years of data (1990-1992), demonstrated compliance 
with the 1-hour ozone NAAQS.
    Subsequently, NC DENR submitted to EPA a 1-hour ozone maintenance 
plan and request for redesignation for the three moderate nonattainment 
areas. As part of the associated maintenance plans, North Carolina 
provided contingency measures that included regulation 15A North 
Carolina Administrative Code (NCAC) 02D.0953 (hereafter referred to as 
rule .0953), entitled Vapor Return Piping for Stage II Vapor Recovery, 
for all new or improved gasoline tanks. In addition, rule 15A-02D.0954, 
entitled Stage II Vapor Recovery (hereafter referred to as rule .0954), 
as part of the contingency measures that were also included in the 1-
hour ozone maintenance plans. These contingency measures were never 
activated as the Areas continued to attain the 1-hour ozone NAAQS. EPA 
approved the redesignation requests and the maintenance plans for the 
Charlotte-Gastonia Area on July 5, 1995 (60 FR 34859), Greensboro-
Winston-Salem-High Point Area on September 9, 1993 (58 FR 47391), and 
the Raleigh-Durham Area on April 18, 1994 (59 FR 18300).

II. Analysis of the State's Submittal

    EPA's primary consideration for determining the approvability of 
North Carolina's request to remove Stage II vapor control requirements 
from the contingency measures in its SIP for the Charlotte-Gastonia, 
Greensboro-Winston-Salem-High Point, and Raleigh-Durham Areas is 
whether these requested actions comply with section 110(l) of the CAA. 
Below is EPA's analysis of these considerations.

a. Federal Requirements for Stage II

    States were required to adopt Stage II rules for all areas 
classified as ``moderate'' or worse under section 182(b)(3) of the CAA. 
However, section 202(a)(6) of the CAA states that ``the requirements of 
section 182(b)(3) (relating to Stage II gasoline vapor recovery) for 
areas classified under section 181 as moderate for ozone shall not 
apply after the promulgation of such [ORVR] standards.'' ORVR 
regulations were promulgated by EPA on April 6, 1994. See 59 FR 16262, 
and 40 CFR 86.001 and .098. As a result, the CAA no longer requires 
moderate areas to impose Stage II controls under section 182(b)(3), and 
such areas may seek SIP revisions to remove such requirements from 
their SIP, subject to section 110(l) of the Act. EPA's policy 
memorandum related to ORVR, dated March 9, 1993, and June 23, 1993, 
provided further guidance on an allowance for removing Stage II 
requirements from certain areas. The policy memorandum dated March 9, 
1993, states ``[w]hen onboard rules are promulgated, a State may 
withdraw its Stage II rules for moderate areas from the SIP (or from 
consideration as a SIP revisions) consistent with its obligation under 
sections 182(b)(3) and 202(a)(6), so long as withdrawal will not 
interfere with any other applicable requirements of the Act.'' Because 
North Carolina included Stage II requirements as contingency measures 
in its maintenance plans and is now requesting to remove these 
requirements, this action is subject to section 110(l) of the CAA.
    Section 110(l) of the Act provides that EPA cannot approve a SIP 
revision if that revision interferes with any applicable requirement 
regarding attainment, reasonable further progress (RFP) or any 
requirement established in the CAA. EPA can, however, approve a SIP 
revision that removes or modifies control measures in the SIP once 
states make a ``noninterference'' demonstration that such a removal or 
modification will not interfere with attainment of the NAAQS, RFP or 
any other CAA requirement. As such, North Carolina must make a 
demonstration of noninterference in order to remove the Stage II 
requirements from its SIP in relation to the Charlotte-Gastonia, 
Greensboro-Winston-Salem-High Point, and Raleigh-Durham Areas.

b. Current Air Quality Status for the Charlotte-Gastonia, Greensboro-
Winston-Salem-High Point, and Raleigh-Durham Areas

    All areas in the State are currently designated as attainment for 
the carbon monoxide and fine particulate matter NAAQS. Effective July 
20, 2013, EPA designated the Greensboro-Winston-Salem-High Point and 
Raleigh-Durham Areas as attainment for the 2008 8-hour ozone NAAQS. The 
Charlotte-Gastonia Area was designated as nonattainment for the 2008 8-
hour ozone NAAQS in association with other counties in the Region, 
including a portion of a county in South Carolina. The designations for 
the 2008 8-hour ozone NAAQS were effective July 20, 2012. See 77 FR 
30088.

c. Non-Interference Demonstration

    On September 18, 2009, NC DENR submitted a SIP revision requesting 
removal of the Stage II vapor recovery requirements for new and 
upgraded gasoline dispensing facilities from the North Carolina SIP. 
North Carolina's September 18, 2009, SIP revision includes changes to 
rules .0953--Vapor Return Piping for Stage II Vapor Recovery and 
.0954--Stage II Vapor Recovery, which EPA approved into the North 
Carolina SIP as contingency measures in the 1-hour ozone maintenance 
plans in association with the redesignation of three North Carolina 
Areas: Charlotte-Gastonia Area (July 5, 1995); Greensboro-Winston 
Salem-High Point Area (September 9, 1993); and Raleigh-Durham Area 
(April 18, 1994). Specifically, NC DENR's September 18, 2009, SIP 
revision proposes to repeal or remove from the SIP rules .0953 and 
.0954, which provide Stage II vapor control requirements for new and 
upgraded gasoline dispensing facilities.
    Additionally, the removal of rules .0953 and .0954 triggered 
subsequent amendments \1\ of rules 15A NCAC

[[Page 34305]]

02D.0902(d)--Applicability (hereafter referred to as rule .0902(d)), 
15A NCAC 02D.0909--Compliance schedules for Sources in new 
nonattainment Areas (hereafter referred to as rule .0909), and 15A NCAC 
02D.0952--Petitions for Alterative Controls for RACT (hereafter 
referred to as rule .0952) in North Carolina's SIP. NC DENR's September 
18, 2009, SIP revision, changes rules .0902(d), .0909, and .0952. to 
remove subparagraphs referencing the repealed Stage II rules .0953 and 
.0954.
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    \1\ North Carolina's SIP revision also make changes to Rule 15A 
NCAC 02Q.0102--Activities Exempted from permit requirements 
regarding New Source Performance Standards and Rule 15A NCAC 
02D.1110--National Emission Standards for Hazardous Air Pollutants. 
EPA is not taking action in today's action to approve these changes 
and these rules are not currently part of North Carolina's 
federally-approved SIP.
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    EPA's consideration to approve North Carolina's removal of the 
Stage II requirements is contingent on the applicability of a section 
110(l) noninterference demonstration. North Carolina never realized 
emission reductions in the Charlotte-Gastonia, Greensboro-Winston-
Salem-High Point, and Raleigh-Durham Areas as a result of the Stage II 
requirements that the State included as a contingency measure in the 
SIP. Thus removing this requirement from the contingency measures will 
not impact emissions of volatile organic compounds (VOC) and nitrogen 
oxides in the aforementioned Areas.
    Additionally, since the time of EPA's approval of these 
requirements in North Carolina's SIP as contingency measures for the 
Charlotte-Gastonia, Greensboro-Winston-Salem-High Point, and Raleigh-
Durham Areas, EPA has made a determination that ORVR is in ``widespread 
use'' nationwide. Specifically, on May 16, 2012, EPA made a 
determination that ORVR was in widespread use throughout the motor 
vehicle fleet for purposes of controlling motor vehicle refueling 
emissions. In that rulemaking, EPA estimated that approximately 70 
percent of all vehicles would be equipped with on-board systems to 
capture these vapors by the end of 2012, thus rendering the use of 
Stage II vapor recovery systems redundant because, beyond that date, 
the refueling emissions of the motor vehicle fleet are controlled 
through widespread use of ORVR.
    EPA is proposing to approve North Carolina's September 18, 2009, 
SIP revision to remove Stage II rules .0953 and .0954 from the North 
Carolina SIP, and to amend rules .0902(d), .0909, and .0952, to reflect 
the removal of rules .0953 and .0954 in the State's implementation plan 
because the Agency has preliminarily determined that this revision is 
consistent with section 110(l) of the CAA and will not interfere with 
the relevant requirements in the Charlotte-Gastonia, Greensboro-
Winston-Salem-High Point, and Raleigh-Durham Areas.
    EPA also considered this SIP revision in relation to section 
110(a)(2)(D)(i)(I) of the CAA. CAA section 110(a)(2)(D)(i)(I) prohibits 
facilities within the State from emitting any air pollutants in amounts 
which will contribute significantly to nonattainment in, or interfere 
with maintenance by, any other State with respect to any such national 
primary or secondary ambient air quality standards. The only CAA-
regulated pollutant emitted by refueling vehicles is VOC, which is a 
precursor of ozone, and its emissions are mitigated by the use of 
vehicles equipped with ORVR. As previously mentioned, EPA has 
previously determined that ORVR is now in widespread use and 
accordingly EPA views removal of the Stage II requirements from North 
Carolina's SIP as not contributing significantly to nonattainment in, 
or interfering with maintenance by, any other State with respect to a 
national primary or secondary ambient air quality standard.

III. Proposed Action

    EPA is proposing to approve the SIP revision submitted by North 
Carolina for the purpose of removing Stage II vapor control 
requirements for new and upgraded gasoline dispensing facilities in the 
Charlotte-Gastonia, Greensboro-Winston-Salem-High Point, and Raleigh-
Durham Areas. Specifically, this action proposes to remove Stage II 
rules .0953 and .0954 from the North Carolina SIP, and to amend at 
rules .0902(d), .0909, and .0952 to reflect the removal of rules .0953 
and .0954 in the State's implementation plan. EPA has preliminarily 
determined that North Carolina's September 18, 2009, SIP revision 
related to the State's Stage II rules is consistent with the CAA and 
EPA's regulations and guidance.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 28, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-13610 Filed 6-6-13; 8:45 am]
BILLING CODE 6560-50-P