[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Proposed Rules]
[Pages 64896-64905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25782]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52


EPA-R04-OAR-2013-0563; FRL-9902-18-Region 4]

Approval and Promulgation of Implementation Plans; North Carolina: 
Non-Interference Demonstration for Removal of Federal Low-Reid 
Vapor Pressure Requirement for the Raleigh-Durham-Chapel Hill Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the State of North Carolina's 
March 27, 2013, State Implementation Plan (SIP) revision to the State's 
approved Maintenance Plan for the Raleigh-Durham-Chapel Hill (Triangle) 
1997 8-hour Ozone Maintenance Area. Specifically, North Carolina's 
revision, including updated modeling, shows that the Triangle Area 
would continue to maintain the 1997 8-hour ozone standard if the 
currently applicable Federal Reid Vapor Pressure (RVP) standard for 
gasoline from 7.8 pounds per square inch (psi) were modified to 9.0 psi 
for three portions (Wake and Durham Counties, and a portion of 
Granville County) of the ``Triangle Area'' of North Carolina during the 
high-ozone season. The State has included a technical demonstration 
with the revision to demonstrate that a less-stringent RVP standard of 
9.0 psi in these areas would not interfere with continued maintenance 
of the 1997 8-hour Ozone National Ambient Air Quality Standards (NAAQS) 
or any other applicable standard. Approval of this SIP revision is a 
prerequisite for EPA's consideration of an amendment to the regulations 
to remove the aforementioned portions of the Triangle Area from the 
list of areas that are currently subject to the Federal 7.8 psi RVP 
requirements. In addition, EPA is also proposing to approve changes to 
the motor vehicle emission budgets (MVEBs) used in the 1997 8-hour 
ozone maintenance plan for the Triangle Area. The use of new models and 
the relaxation of the RVP requirement has resulted in a revised safety 
margin which North Carolina is reallocating among the MVEBs associated 
the Maintenance Plan. EPA has preliminarily determined that North 
Carolina's March 27, 2013, SIP revision with respect to the changes to 
the modeling and associated technical demonstration associated with the 
State's request for the removal of the Federal RVP requirements, and 
with respect to the updated MVEBs, is consistent with the applicable 
provisions of the Clean Air Act (CAA or Act). Should EPA decide to 
remove the subject portions of the Triangle Area from those areas 
subject to the 7.8 psi Federal RVP requirements, such action will occur 
in a subsequent rulemaking.

DATES: Written comments must be received on or before November 29, 
2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2013-0563 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-2013-0563, 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: Ms. Lynorae Benjamin, Chief, 
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 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0563. 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 a.m. to 4:30 p.m., 
excluding federal holidays.

[[Page 64897]]


FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Regulatory 
Development Section, in the Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. 
Lakeman may be reached by phone at (404) 562-9043, or via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is being proposed?
II. What is the background of the Triangle Area?
III. What is the history of the gasoline volatility requirement?
IV. What are the section 110(l) requirements?
V. What is EPA's analysis of North Carolina's submittal?
VI. Mobile Source Inventories and Motor Vehicle Emission Budgets 
Update
VII. Proposed Action
VIII. Statutory and Executive Order Reviews

I. What is being proposed?

    The Triangle Area in North Carolina is currently designated 
attainment for the 1997 8-hour ozone NAAQS. The Area was redesignated 
from nonattainment of the 1997 8-hour ozone NAAQS on December 26, 2007. 
See 72 FR 72948. This rulemaking proposes to approve a revision to the 
1997 8-hour ozone Maintenance Plan for the Triangle Area submitted by 
the North Carolina Department of Environment and Natural Resources (NC 
DENR). Specifically, EPA is proposing to approve changes to the 
maintenance plan, including updated modeling, that show that the 
Triangle Area can continue to maintain the 1997 ozone standard without 
reliance on emission reductions based upon the use of gasoline with an 
RVP of 7.8 psi in any of the Triangle Area counties during the high 
ozone season--June 1 through September 15.\1\ EPA is also proposing to 
conclude that the new modeling demonstrates that the area would 
continue to attain the 1997 8-hour ozone standard with the use of 
gasoline with an RVP of 9.0 psi throughout the Triangle Area during the 
high ozone season. Consistent with section 110(l) of the Act, EPA also 
proposes to conclude that the use of gasoline with an RVP of 9.0 psi 
throughout the Maintenance Plan Areas during the high ozone season 
would not interfere with other applicable requirements.
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    \1\ As discussed further below, a separate rulemaking is 
required for relaxation of the current requirement to use gasoline 
with an RVP of 7.8 psi in the Triangle Area. While EPA evaluates the 
approvability of North Carolina's revision to the maintenance plan 
pursuant to section 110(l), the decision regarding removal of 
Federal RVP requirements pursuant to section 211(h) in the Triangle 
Area is made at the discretion of the Administrator.
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    The new modeling conducted by North Carolina to account for the 
proposed relaxation of the applicable RVP standard in a portion of the 
Triangle Area also results in changes to the safety margin associated 
with the maintenance plan.\2\ As such, the North Carolina revision 
includes a reallocation of the safety margin among the NOx MVEBs for 
the Triangle Area. EPA is also proposing approval of this revision.
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    \2\ In addition to a less stringent RVP standard, the new 
modeling also utilizes updated models for on-road and off-road 
mobile emission sources.
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    This preamble is hereafter organized into five parts. Section II 
provides the background of the Triangle Area designation status with 
respect to the various Ozone NAAQS. Section III describes the 
applicable history of federal gasoline regulation. Section IV provides 
the Agency's policy regarding relaxation of the volatility standards. 
Section V provides EPA's analysis of the information submitted by North 
Carolina to support a relaxation of the more stringent volatility 
standard in the Triangle Area. Finally, Section VI describes the 
changes to the MVEBs associated with Maintenance Plan for the Triangle 
Area and provides EPA's analysis regarding the proposed revision.

II. What is the background of the Triangle Area?

    In 1991, the Triangle Area was designated as a moderate 
nonattainment area pursuant to the 1-hour ozone NAAQS. See 56 FR 56694 
(November 6, 1991). Under the 1-hour ozone NAAQS, the Triangle 
nonattainment area was composed of Durham and Wake Counties, and the 
Dutchville Township portion of Granville County. Among the requirements 
applicable to nonattainment areas for the 1-hour ozone NAAQS was the 
requirement to meet certain volatility standards (known as Reid Vapor 
Pressure or RVP) for gasoline sold commercially. See 55 FR 23658 (June 
11, 1990). As discussed in greater detail below, as part of the RVP 
requirements associated with its nonattainment designation, gasoline 
sold in the Triangle 1-hour nonattainment area could not exceed 7.8 psi 
RVP during the high-ozone season months.
    Following implementation of the 7.8 psi RVP requirement in the 
Triangle Area, on April 18, 1994, the Area was redesignated to 
attainment for the 1-hour ozone standard, based on 1989-1992 ambient 
air quality monitoring data. See 59 FR 18300. North Carolina's 
redesignation request for the 1-hour ozone Triangle Area did not, 
however, include a request for the Area to be removed from the list of 
areas subject to the 7.8 psi RVP standard. As such, the 7.8 RVP 
requirement remained in place for Durham and Wake Counties, and the 
Dutchville Township portion of Granville County when the Triangle Area 
was designated nonattainment for the 1997 8-hour ozone NAAQS. Under the 
1997 8-hour ozone NAAQS, the Triangle Area was expanded from Durham and 
Wake Counties, and the Dutchville Township portion of Granville County, 
to also include Franklin, Johnston, Orange, and Person Counties, the 
remainder of Granville County and Baldwin, Center, New Hope and 
Williams Townships in Chatham County. See 69 FR 23857. In 2007, the 
Triangle Area was redesignated to attainment for the 1997 8-hour ozone 
NAAQS. See 72 FR 72948, December 26, 2007. The Triangle Area was later 
designated as attainment for the 2008 8-hour ozone NAAQS. See 77 FR 
30088, May 21, 2012.

III. What is the history of the gasoline volatility requirement?

    On August 19, 1987 (52 FR 31274), EPA determined that gasoline 
nationwide had become increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOC), are precursors to the formation of tropospheric ozone 
and contribute to the nation's ground-level ozone problem. Exposure to 
ground-level ozone can reduce lung function (thereby aggravating asthma 
or other respiratory conditions), increase susceptibility to 
respiratory infection, and may contribute to premature death in people 
with heart and lung disease.
    The most common measure of fuel volatility that is useful in 
evaluating gasoline evaporative emissions is RVP. Under section 211(c) 
of CAA, EPA promulgated regulations on March 22, 1989 (54 FR 11868), 
that set maximum limits for the RVP of gasoline sold during the high 
ozone season. These regulations constituted Phase I of a two-phase 
nationwide program, which was designed to reduce the volatility of 
commercial gasoline during the high ozone season. On June 11, 1990 (55 
FR 23658), EPA promulgated more stringent volatility controls as Phase 
II of the volatility control program. These requirements established 
maximum RVP standards of 9.0 psi or 7.8 psi (depending on the State, 
the month, and the area's initial ozone attainment

[[Page 64898]]

designation with respect to the 1-hour ozone NAAQS during the high 
ozone season).
    The 1990 CAA Amendments established a new section, 211(h), to 
address fuel volatility. Section 211(h) requires EPA to promulgate 
regulations making it unlawful to sell, offer for sale, dispense, 
supply, offer for supply, transport, or introduce into commerce 
gasoline with an RVP level in excess of 9.0 psi during the high ozone 
season. Section 211(h) prohibits EPA from establishing a volatility 
standard more stringent than 9.0 psi in an attainment area, except that 
we may impose a lower (more stringent) standard in any former ozone 
nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), EPA modified the Phase II 
volatility regulations to be consistent with section 211(h) of the CAA. 
The modified regulations prohibited the sale of gasoline with an RVP 
above 9.0 psi in all areas designated attainment for ozone, beginning 
in 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658).
    As stated in the preamble to the Phase II volatility controls and 
reiterated in the proposed change to the volatility standards published 
in 1991, EPA will rely on states to initiate changes to EPA's 
volatility program that they believe will enhance local air quality 
and/or increase the economic efficiency of the program within the 
limits of CAA section 211(h).\3\ In those rulemakings, EPA explained 
that the Governor of a State may petition EPA to set a volatility 
standard less stringent than 7.8 psi for some month or months in a 
nonattainment area. The petition must demonstrate such a change is 
appropriate because of a particular local economic impact and that 
sufficient alternative programs are available to achieve attainment and 
maintenance of the 1-hour ozone NAAQS. A current listing of the RVP 
requirements for states can be found on EPA's Web site at: http://www.epa.gov/otaq/fuels/gasolinefuels/volatility/standards.htm.
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    \3\ See 55 FR 23658 (June 11, 1990), 56 FR 24242 (May 29, 1991) 
and 56 FR 64704 (Dec. 12, 1991).
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    As explained in the December 12, 1991 (56 FR 64704), Phase II 
rulemaking, EPA believes that relaxation of an applicable RVP standard 
in a nonattainment area is best accomplished in conjunction with the 
redesignation process. In order for an ozone nonattainment area to be 
redesignated as an attainment area, section 107(d)(3) of the Act 
requires the state to make a showing, pursuant to section 175A of the 
Act, that the area is capable of maintaining attainment for the ozone 
NAAQS for ten years after redesignation. Depending on the area's 
circumstances, this maintenance plan will either demonstrate that the 
area is capable of maintaining attainment for ten years without the 
more stringent volatility standard or that the more stringent 
volatility standard may be necessary for the area to maintain its 
attainment with the ozone NAAQS. Therefore, in the context of a request 
for redesignation, EPA will not relax the volatility standard unless 
the state requests a relaxation and the maintenance plan demonstrates, 
to the satisfaction of EPA, that the area will maintain attainment for 
ten years without the need for the more stringent volatility standard. 
As noted above, however, North Carolina did not request relaxation of 
the applicable 7.8 psi RVP standard when the Triangle Area was 
redesignated to attainment for the either the 1-hour or the 1997 8-hour 
ozone NAAQS. Rather, North Carolina is now seeking to relax the 7.8 psi 
RVP standard after the Triangle Area has been redesignated to 
attainment for the 1997 8-hour ozone NAAQS. Accordingly, the original 
modeling and maintenance demonstration supporting the 1997 8-hour ozone 
maintenance plan must be revised to reflect continued attainment under 
the relaxed 9.0 psi RVP standard that the State has requested.

IV. What are the section 110(l) requirements?

    Section 110(l) requires that a revision to the SIP not interfere 
with any applicable requirement concerning attainment and reasonable 
further progress (RFP) (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 27, 2013, SIP revision is 
whether this requested action complies with section 110(l) of the CAA. 
Because the modeling associated with the current maintenance plan for 
North Carolina is premised in part upon the 7.8 psi RVP requirements, a 
request to revise the maintenance plan modeling to no longer rely on 
the 7.8 psi RVP requirement is subject to the requirements of CAA 
section 110(l). Therefore, the State must demonstrate that this 
revision will not interfere with the attainment or maintenance of any 
of the NAAQS or any other applicable requirement of the CAA.
    This section 110(l) non-interference demonstration is a case-by-
case determination based upon the circumstances of each SIP revision. 
EPA interprets 110(l) as applying to all NAAQS that are in effect, 
including those that have been promulgated but for which the EPA has 
not yet made designations. The specific elements of the 110(l) analysis 
contained in the SIP revision depend on the circumstances and emissions 
analyses associated with that revision. EPA's analysis of North 
Carolina's March 27, 2013, SIP revision, including review of section 
110(l) requirements is provided below.
    Finally, EPA notes that this rulemaking is only proposing to 
approve the State's revision to its existing maintenance plan for the 
Triangle Area showing that the area can continue to maintain the 
standard without relying upon gasoline with an RVP of 7.8 psi being 
sold in the Triangle area during the high ozone season. Consistent with 
CAA section 211(h) and the Phase II volatility regulations a separate 
rulemaking is required for relaxation of the current requirement to use 
gasoline with an RVP of 7.8 psi in the Triangle area.\4\
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    \4\ While EPA evaluates the approvability of North Carolina's 
revision to the maintenance plan pursuant to section 110(l), the 
decision regarding removal of Federal RVP requirements pursuant to 
section 211(h) in the Triangle Area is made at the discretion of the 
Administrator.
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V. What is EPA's analysis of North Carolina's submittal?

a. Overall Preliminary Non-Interference Analyses Conclusions for North 
Carolina's Request for the Revision of the Maintenance Plan

    As discussed above, on March 27, 2013, NC DENR submitted a revision 
to the existing maintenance plan for the Triangle 1997 8-hour ozone 
maintenance area. Specifically, NC DENR revised the modeling for on-
road mobile, off-road mobile, and area source emissions. The modeling 
was revised to show the emission changes that would result from 
relaxing the gasoline RVP requirement from 7.8 psi to 9.0 psi for the 
Triangle Area during the high ozone season. North Carolina's March 27, 
2013, SIP revision also included an evaluation of the impact that the 
removal of the 7.8 psi RVP requirement would have on maintenance of the 
1997 and 2008 ozone standards and on other applicable NAAQS. For the 
purposes of this proposed change to the applicable RVP requirement, EPA 
is making the preliminary determination that the relevant NAAQS \5\ for 
consideration in the non-interference demonstration required by section 
110(l) of the CAA

[[Page 64899]]

are the ozone, particulate matter and nitrogen dioxide (NO2) 
standards.
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    \5\ The six NAAQS for which EPA establishes health and welfare 
based standards are CO, lead, NO2, ozone, PM, and 
SO2.
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    VOC and NOX emissions are precursors for ozone and 
particulate matter (PM), and NO2 is a component of 
NOX. In addition, EPA also believes that, in this instance, 
it is appropriate to also evaluate non-interference with respect to the 
carbon monoxide (CO) NAAQS. Typically, EPA would not expect the CO 
NAAQS to be affected by a change to RVP requirements because VOC and 
NOX are not precursors to CO. The revised modeling submitted 
by North Carolina, however, demonstrates a slight increase in CO 
emissions, and as such, EPA believes a non-interference review for CO 
is also appropriate in this case.
    There are no emissions reductions attributable to the emissions of 
lead and sulfur dioxide (SO2) from RVP requirements. As a 
result, there is no information indicating the proposed change would 
have any impact on those NAAQS. Additionally, the Triangle Area is 
currently designated attainment for the lead NAAQS, and is continuing 
to attain the standard. As for the SO2 NAAQS, the Triangle 
Area is not designated nonattainment, and there is no available 
monitoring data indicating an exceedance of the NAAQS. Therefore, the 
analysis below focuses on the impact of North Carolina's changes to the 
RVP requirements on the ozone, particulate matter, NO2 and 
CO NAAQS.
    To determine the emissions reviewed in the technical demonstration 
included with the March 27, 2013, SIP revision, NC DENR compared the 
2005 baseline emissions inventory to the 2017 projected emissions 
inventory. The baseline emissions inventory represents an emission 
level for a period when the applicable ambient air quality standard was 
not violated, 2004-2006. NC DENR concluded that if projected emissions 
remain at or below the baseline emissions, continued maintenance is 
demonstrated and the ambient air quality standard should not be 
violated in the future. In addition to comparing the final year of the 
maintenance plan, NC DENR's technical demonstration also compares all 
of the interim years to the 2005 baseline to demonstrate that these 
years are also expected to show continued maintenance of all NAAQS.
    Also, in North Carolina's March 27, 2013, SIP revision, NC DENR 
provided an updated analysis utilizing the MOVES model to calculate on-
road emissions that are used as part of the evaluation of the potential 
impacts for the ozone NAAQS that might result exclusively from changing 
the high ozone season RVP requirements from 7.8 psi to the requirement 
of 9.0 psi. Relaxation of the RVP standard from 7.8 psi to 9.0 psi 
revealed a slight increase in emissions of 0.30 tons per day (tpd) (a 
0.20 percent increase) in NOX and 3.88 tpd (a 2.44 percent 
increase) in VOC for Durham, Granville and Wake Counties. While the 
modeling showed a slight increase in NOX and VOC emissions 
resulting from the use of 9.0 psi RVP as opposed to 7.8 psi, the most 
appropriate analysis for purposes of evaluating non-interference is 
whether total area emissions from all emissions inventory sources 
(i.e., point and area stationary, and on-road and non-road mobile) in 
the future years would remain at or below the level determined to be 
consistent with maintenance of the 1997 ozone NAAQS. To provide this 
full evaluation, the State compared total man-made emissions of VOC and 
NOX for the year 2005 (base year), 2008 and 2011 using a RVP 
of 7.8 psi (for Durham, Granville and Wake Counties only as the 
remaining Triangle Area Counties are currently using a RVP of 9.0 psi) 
to emissions generated for the years 2014 and 2017, using a RVP of 9.0 
psi.
    There are four different man-made emission inventory source 
classifications; 1) point, 2) area, 3) on-road mobile and 4) off-road 
mobile. Point sources are those stationary sources that emit more than 
10 tons per year of VOC or 100 tons per year of NOX from a 
single facility. The source emissions are tabulated from data collected 
by direct on-site measurements of emissions or mass balance 
calculations utilizing emission factors from EPA's AP-42, Compilation 
of Air Pollutant Emission Factors. For the projected year's inventory, 
point sources are adjusted by growth factors based on Standard 
Industrial Classification codes. The growth factors are generated using 
the EPA's Economic Growth Analysis System version 5.0 (E-GAS 5.0) 
program. Area sources are those stationary sources whose emissions are 
relatively small but due to the large number of these sources, the 
collective emissions could be significant (i.e., dry cleaners, service 
stations, etc.). For area sources, emissions are estimated by 
multiplying an emission factor by some known indicator of collective 
activity such as production, number of employees, or population. These 
types of emissions are estimated on the county level. For the projected 
year's inventory, area source emissions are changed by population 
growth, projected production growth, or when applicable, by E-GAS 5.0 
growth factors. On-road mobile sources are those vehicles that travel 
on the roadways. For on-road mobile sources, the MOVES model results 
represent the new motor vehicle emission budgets for the Triangle area. 
Off-road mobile sources are equipment that can move but do not use the 
roadways (e.g., lawn mowers, construction equipment, railroad 
locomotives, and aircraft). With the exception of the railroad 
locomotives and aircraft engines, the emissions from this category are 
calculated using the EPA's NONROAD2008a non-road mobile model. The 
railroad locomotive and aircraft engine emissions are estimated by 
taking an activity and multiply by an emission factor. All emissions 
are also estimated at the county level. Total off-road mobile source 
emissions represent the sum of emissions generated by the NONROAD 2008a 
model and emissions calculated for aircraft and railroad locomotives.
    Despite the small increases in emissions from the change to the RVP 
control, the Triangle Area continues to demonstrate a downward trend in 
NOX and VOC emissions through 2017. Tables 1 and 2 below 
provide the results of this analysis for the entire Triangle Area 
(including the three Counties (noted in italics) affected by the 
proposed RVP relaxation).

                  Table 1--Total Man-Made VOC Emissions (tpd) for the Triangle Maintenance Area
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             County                    2005            2008            2011            2014            2017
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Chatham *.......................            5.52            5.57            5.23            5.00            4.85
Durham..........................           25.94           23.27           20.93           19.47           18.31
Franklin........................           11.81           11.55           11.20           11.14           11.23
Granville.......................           12.78           12.38           11.98           11.85           11.90
Johnston........................           30.58           29.43           28.31           27.73           27.57
Orange..........................           15.42           14.35           13.10           12.13           11.35
Person..........................            9.00            8.65            8.32            8.12            8.07

[[Page 64900]]

 
Wake............................           87.45           81.34           75.61           72.33           69.85
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    Total.......................          198.50          186.54          174.68          167.77          163.13
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* Emissions for Center, New Hope and Williams Townships in Chatham County only.


                  Table 2--Total Man-Made NOX Emissions (tpd) for the Triangle Maintenance Area
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             County                    2005            2008            2011            2014            2017
----------------------------------------------------------------------------------------------------------------
Chatham *.......................            5.01            4.44            3.79            3.17            2.73
Durham..........................           39.48           35.16           28.45           23.52           19.73
Franklin........................            7.68            6.55            5.37            4.49            3.82
Granville.......................           10.94            8.98            7.01            5.56            4.57
Johnston........................           34.22           28.94           23.19           19.32           16.47
Orange..........................           23.37           20.64           16.53           13.52           11.31
Person..........................           37.48           31.38           31.20           31.02           29.72
Wake............................          106.52           98.12           83.82           69.97           59.06
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    Total.......................          264.70          234.21          199.36          170.57          147.41
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* Emissions for Center, New Hope and Williams Townships in Chatham County only.

    As Table 1 and 2 indicate, NOX and VOC emissions in the 
Triangle Area will continue to decrease, even with the increase in high 
ozone season fuel RVP to 9.0 psi. The slight increase in emissions is 
being mitigated area-wide by a steady decrease in tailpipe emissions, 
which is the result of cleaner new vehicle fleet replacing the older 
fleet and other Federal and State emissions reduction programs. As 
discussed below, based on this data, together with air quality data, 
and maintenance demonstrations and attainment designations for the 
NAAQS, EPA is making the preliminary determination that the slight 
increase in NOX and VOC emissions resulting from this change 
will not interfere with the Area's ability to maintain the 1997 8-hour 
ozone NAAQS, or any other applicable requirement. More details on the 
individual non-interference analyses for the ozone, PM, NO2 
and CO NAAQS are provided below.

b. Non-Interference Analysis for the Ozone NAAQS

    Effective June 15, 2004, the Triangle Area was designated as 
nonattainment for the 1997 8-hour ozone NAAQS. The primary precursors 
for ozone are VOC and NOX emissions. As a previous 1-hour 
ozone nonattainment area, Durham and Wake Counties and a portion of 
Granville County in the Triangle Area were already subject to the 
Federal RVP requirements for high ozone season gasoline to aid the Area 
with compliance with the ozone NAAQS. Although originally implemented 
for the 1-hour ozone NAAQS, the Federal RVP requirements continued to 
apply to Durham and Wake Counties and a portion of Granville County for 
the 1997 and 2008 8-hour ozone NAAQS, and are still in effect.
    On June 7, 2007, NC DENR submitted a redesignation request and 
maintenance plan for the 1997 8-hour ozone NAAQS. NC DENR used the 
MOBILE6.2 mobile source emissions model to estimate the emissions for 
on-road sources and NONROAD2005c non-road mobile model for off-road 
sources. In the years 2014 and 2017, NC DENR projected a reduction from 
the 2005 base year inventory of approximately 38 percent and 45 percent 
(respectively) in NOX emissions (in tpd). The projected 
reduction of VOC emissions (in tpd) for the years 2014 and 2017 is 
approximately 36 percent and 44 percent, respectively, from the 2005 
base year emissions inventory.
    There is an overall downward trend in ozone concentration in the 
Triangle Area that can be attributed to Federal and State programs that 
have led to significant emissions reductions. On December 26, 2007, (72 
FR 72948), EPA approved North Carolina's 1997 8-hour ozone maintenance 
plan for the Triangle Area, and redesignated the Area to attainment for 
the 1997 8-hour ozone NAAQS. The Triangle Area is continuing to meet 
the 1-hour and 1997 8-hour ozone NAAQS,\6\ and is meeting the 2008 8-
hour ozone NAAQS, based on recent air quality monitoring data. The 2008 
ozone NAAQS is met when the annual fourth-highest daily maximum 8-hour 
average concentration, averaged over 3 years is 75 parts per million 
(ppm) or less.
---------------------------------------------------------------------------

    \6\ The air quality design value for the 8-hour ozone NAAQS is 
the 3-year average of the annual 4th highest daily maximum 8-hour 
ozone concentration. The level of the 2008 8-hour ozone NAAQS is 
0.075 ppm. The 2008 8-hour ozone NAAQS is not met when the design 
value is greater than 0.075 ppm.
---------------------------------------------------------------------------

    As mentioned above, on December 26, 2007 (72 FR 72948), EPA 
approved North Carolina's June 7, 2007, maintenance plan for the 
Triangle Area. This maintenance plan contained MVEBs for NOX 
and an insignificance determination for VOC contribution from motor 
vehicles to the 8-hour ozone pollution in the Triangle Area. For the 
purposes of regional emissions analysis, the information provided by 
North Carolina supported EPA's determination that VOC contribution to 
8-hour ozone pollution from motor vehicles in the Triangle Area as 
insignificant for the 1997 8-hour ozone NAAQS. Specifically, the future 
on-road VOC emissions were projected to be less than 10 percent in the 
Triangle Area, in the context of the total SIP inventory. According to 
information provided by North Carolina, biogenic emissions account for 
approximately 90 percent of the VOC emissions in future years in the 
Triangle Area.
    In addition, North Carolina conducted a emissions sensitivity 
analysis that indicated that 1997 and 2008 8-hour ozone levels in the 
Triangle Area were not impacted by reductions in man-made VOC emissions 
(e.g., reductions from motor vehicles). Specifically, the photochemical 
model was run for a 39-day scenario in 2009 with a 30 percent reduction 
in all man-made VOC emissions. In addition, two mobile

[[Page 64901]]

source specific sensitivity simulations \7\ were conducted by NCDAQ 
over a 7-day period to specifically focus on the impact of mobile 
source emissions on ozone formation. None of these emissions 
sensitivity simulations resulted in a significant response in ozone 
formation. This supports the State's proposal that the highway mobile 
VOC emissions are insignificant contributors to ozone formation.
---------------------------------------------------------------------------

    \7\ One simulation ran a 50 percent increase in mobile source 
emissions in the Triangle ozone nonattainment counties and the 
second ran a 50 percent decrease in mobile source emissions in the 
counties.
---------------------------------------------------------------------------

    The current design value for ozone for the Triangle Area for 2010-
2012 is 0.075 ppm and the preliminary 2011-2013 design value is 0.071 
ppm for this Area. EPA also evaluated the potential increase in the VOC 
and NOX precursor emissions, and whether it is reasonable to 
conclude that the requested change to RVP requirements in Durham, 
Granville and Wake Counties during the high ozone season would cause 
the Area to be out of compliance with the 2008 8-hour ozone NAAQS.
    In light of the current designations, monitoring and emissions 
data, and the submitted modeling, including the fact that the 
NOX emissions inventories are projected to continue to 
significantly decrease,\8\ EPA has preliminarily determined that North 
Carolina's revision of the maintenance plan to no longer rely on 
gasoline with 7.8 psi RVP requirement in Durham, Granville and Wake 
Counties will not interfere with attainment or maintenance of the ozone 
NAAQS. As Table 3 indicates the design value (DV) for the Triangle Area 
shows that the Area is meeting the NAAQS.
---------------------------------------------------------------------------

    \8\ Future decreases in the inventory are an order of magnitude 
greater than the increases associated with the change in RVP.

                                                           Table 3--Triangle Area Design Value
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           2005-2007 DV       2006-2008 DV       2007-2009 DV       2008-2010 DV       2009-2011 DV       2010-2012 DV
          2004-2006 DV  (ppm)                 (ppm)              (ppm)              (ppm)              (ppm)              (ppm)              (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.080.................................             0.081              0.080              0.077              0.074              0.073              0.075
--------------------------------------------------------------------------------------------------------------------------------------------------------

c. Non-Interference Analysis for the PM NAAQS

    The precursors for PM2.5 are NOX, 
SO2, VOC and ammonia. For the Triangle Area, on-road mobile, 
off-road mobile and area sources are not believed to be large 
contributors to directly emitted fine particulate matter less than 2.5 
micrometers (PM2.5) or indirectly formed PM2.5 
concentrations. As mentioned earlier in this rulemaking, the RVP 
requirements result in emissions benefits for VOC and NOX so 
EPA focused on these precursors for the analysis of the potential 
impact of North Carolina's SIP change. However, as described in North 
Carolina's March 27, 2013, submission, directly emitted 
PM2.5 is a very small component of the overall 
PM2.5 ambient concentrations. Instead, the primary species 
impacting PM2.5 concentrations are the secondarily formed 
sulfates and organic carbons.
    Sulfates are formed through the chemical reaction of SO2 
and ammonia, and the majority of the organic carbons come from natural 
sources like trees. See ``Redesignation Demonstration and Maintenance 
Plan for the Hickory (Catawba County) and Greensboro/Winston-Salem/High 
Point (Davidson and Guilford Counties) Fine Particulate Matter 
Nonattainment Areas'', submitted to EPA on 18 December 2009, Figure 4-
2, p. 4-4, which can be accessed at www.regulations.gov using docket ID 
No. EPA-R04-OAR-2009-1010. A 2009 analysis of SO2 emissions, 
which is a primary contributor to the formation of PM2.5 
within North Carolina, found about 3.3 percent of total SO2 
emissions came from on-road, off-road and area sources combined, while 
the remaining 96.7 percent came from point sources.
    On July 18, 1997 (62 FR 38652), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations. At that time, EPA also established a 24-hour NAAQS of 
65 [mu]g/m\3\. See 40 CFR 50.7. On October 17, 2006 (71 FR 61144), EPA 
retained the 1997 annual PM2.5 NAAQS at 15.0 [mu]g/m\3\ 
based on a 3-year average of annual mean PM2.5 
concentrations, and promulgated a new 24-hour NAAQS of 35 [mu]g/m\3\ 
based on a 3-year average of the 98th percentile of 24-hour 
concentrations. On January 15, 2013 (78 FR 3086), EPA established an 
annual primary PM2.5 NAAQS at 12.0 [mu]g/m\3\ based on a 3-
year average of annual mean PM2.5 concentrations. At that 
time, EPA retained the 2006 24-hour NAAQS at 35 [mu]g/m\3\ based on a 
3-year average of the 98th percentile of 24-hour concentrations.
    On January 5, 2005 (70 FR 944), all counties in the Triangle Area 
were designated unclassifiable/attainment for the 1997 annual 
PM2.5 standard, and on November 13, 2009 (74 FR 58688), all 
counties in the Triangle Area were designated unclassifiable/attainment 
for the 2006 24-hour PM2.5 standard. As Table 4 indicates 
the PM2.5 annual and 24-hour design values demonstrate 
attainment of the respective NAAQS and those for the annual standard 
have been decreasing.

                                          Table 4--PM2.5 Design Values
----------------------------------------------------------------------------------------------------------------
                              Year                                   2008-2010       2009-2011       2010-2012
----------------------------------------------------------------------------------------------------------------
                                                 Annual Standard
----------------------------------------------------------------------------------------------------------------
Design Value....................................................            10.4             9.8            10.0
----------------------------------------------------------------------------------------------------------------
                                                24-hour Standard
----------------------------------------------------------------------------------------------------------------
Design Value....................................................              22              22              22
----------------------------------------------------------------------------------------------------------------

    In light of the fact that a change to the NC Maintenance Plan to no 
longer rely on gasoline with a 7.8 psi RVP requirement will only result 
in a slight increase in VOC and NOX emissions, EPA has 
preliminarily determined that a change to the Federal RVP requirement 
for Durham, Granville and Wake Counties would not interfere with

[[Page 64902]]

the Triangle Area maintaining the 1997 PM2.5 annual or the 
2006 24-hour PM2.5 standards.

d. Non-Interference Analysis for the 2010 NO2 NAAQS

    On February 17, 2012 (77 FR 9532), EPA finalized designations for 
2010 NO2 NAAQS. Counties in North Carolina, including those 
in the Triangle Area, were designated unclassifiable/attainment for the 
2010 NO2 NAAQS. Based on North Carolina's March 27, 2013, 
SIP revision, EPA has evaluated the potential increase in the 
NOX emissions (approximately a quarter of a ton per day 
between June 1st and September 15th) and whether it is reasonable to 
believe that North Carolina's requested change for its high ozone 
season RVP requirement would cause the Area to be out of compliance 
with the 2010 NO2 NAAQS. The slight increase in 
NOX emissions is being mitigated by a steady decrease in 
tailpipe emissions,\9\ which is the result of cleaner new vehicle fleet 
replacing the older fleet. See table 2 above.
---------------------------------------------------------------------------

    \9\ See table 2 above.
---------------------------------------------------------------------------

    In light of the current designation, monitoring and emissions trend 
data and the submitted modeling, including the fact that NOX 
emissions inventories are projected to continue to significantly 
decrease, EPA has preliminarily determined that a change to the Federal 
RVP requirements for the Triangle Area would not interfere with the 
continued decline in NOX emissions, nor with attainment or 
maintenance of the 2010 NO2 NAAQS.

e. Non-Interference Analysis for the CO NAAQS

    Durham and Wake Counties in the Triangle Area were previously 
designated nonattainment for the 8-hour CO NAAQS. See 56 FR 56694, 
November 6, 1991. Subsequently, Durham and Wake Counties attained the 
8-hour CO NAAQS and was redesignated from nonattainment to attainment. 
On August 2, 1995, EPA redesignated Durham and Wake Counties to 
attainment for the 8-hour CO NAAQS based on the measured air quality 
data and the 10-year maintenance plan submitted. See 60 FR 39258. The 
8-hour CO NAAQS is 9 ppm and the 1-hour CO NAAQS is 35 ppm. Monitoring 
data from 2009-2012 shows Wake County is well below the 8-hour CO NAAQS 
values as listed in Table 5.

                                Table 5--CO 8-Hour Monitored Concentration NAAQS
                                                      [ppm]
----------------------------------------------------------------------------------------------------------------
             County                 Monitor ID         2009            2010            2011            2012
----------------------------------------------------------------------------------------------------------------
                                                   8-hr NAAQS
----------------------------------------------------------------------------------------------------------------
Wake............................       371830014             1.3             1.3             1.4             1.3
----------------------------------------------------------------------------------------------------------------
                                                   1-hr NAAQS
----------------------------------------------------------------------------------------------------------------
Wake............................       371830014             2.1             2.1             1.8             1.9
----------------------------------------------------------------------------------------------------------------

    Based upon the revised modeling associated with the proposed 
relaxation of the RVP standard in the three portions of the Triangle 
Area currently subject to the more stringent standard, it is estimated 
that Triangle Area on-road CO emissions will increase approximately 6.3 
tons per day in 2014 and 2017. This projected increase represents an 
increase in the total inventory of less than 1 percent.

                           Table 6--2010 CO Emissions (Tons/Day) for Maintenance Areas
----------------------------------------------------------------------------------------------------------------
             County                Point source     Area source       On-road        Non-road          Total
----------------------------------------------------------------------------------------------------------------
                                         Raleigh-Durham Maintenance Area
----------------------------------------------------------------------------------------------------------------
Durham..........................            0.97            1.54          186.00           19.04          207.55
Wake............................            1.17            4.26          642.97           70.62          719.02
                                 -------------------------------------------------------------------------------
    Total.......................            2.14            5.80          828.97           89.66          926.57
----------------------------------------------------------------------------------------------------------------

    In light of the slight increase in CO emissions, and the existing 
air quality data showing a wide margin of compliance with the CO NAAQS, 
EPA has preliminarily determined that a change to the Federal RVP 
requirement for Durham, Granville and Wake Counties would not interfere 
with the Raleigh-Durham Area maintaining the CO standards. As Table 5 
above indicates the CO design value is well below the standard.

VI. Mobile Source Inventories and Motor Vehicle Emission Budgets Update

a. Background

    On June 7, 2007, the State of North Carolina, through NC DENR, 
submitted a final request for EPA to: (1) Redesignate the Triangle Area 
to attainment for the 1997 8-hour ozone standard; and (2) approve a 
North Carolina SIP revision containing a maintenance plan for the 
Triangle Area. On December 26, 2007 (72 FR 72948), EPA approved the 
redesignation request for the Triangle Area. Additionally, EPA approved 
the 1997 8-hour ozone maintenance plan including NOX MVEBs 
for the Triangle Area.\10\ These approvals were based on EPA's 
determination that the State of North Carolina had demonstrated that 
the Triangle Area met the criteria for redesignation to attainment 
specified in the CAA, including the determination

[[Page 64903]]

that the entire Triangle Area had attained the 1997 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \10\ In the December 26, 2007 final rule EPA also approved NC 
DENR's determination that on-road emissions of VOCs are 
insignificant for transportation conformity purposes. We are not 
addressing that insignificance finding in today's proposal.
---------------------------------------------------------------------------

    At the time of original redesignation request, the on-road motor 
vehicle inventory was generating by the MOBILE6.2 model, which at the 
time was the current MVEB model. The proposed change to the maintenance 
plan discussed above includes a MVEB generated by the MOVES model which 
has since replaced MOBILE6.2 model. In addition, the model used to 
calculate the original non-road inventory (NONROAD2005c) has also since 
been updated by a new non-road inventory model (NONROAD2008a).
    As a result of these new models and the revised emission associated 
with a relaxed RVP standard, the safety margin \11\ calculations 
provided in the revised maintenance plan have changes from the previous 
margins included with the original maintenance plan. Therefore, North 
Carolina's revision includes a reallocation of the safety margin to the 
NOX MVEB based upon the revised calculations. EPA's 
preliminary analysis of these changes is described below.
---------------------------------------------------------------------------

    \11\ A safety margin is the difference between the attainment 
level of emissions from all source categories (i.e., point, area, 
and mobile) and the projected level of emissions from all source 
categories. The State may choose to allocate some of the safety 
margin to the MVEBs, for transportation conformity purposes, so long 
as the total level of emissions from all source categories remains 
equal to or less than the attainment level of emissions. (40 CFR 
93.124(a))
---------------------------------------------------------------------------

b. On-Road Inventory

    As discussed above, the on-road motor vehicle emissions in the 
revised maintenance plan are calculated using the MOVES model. The 
MOVES model uses the road class vehicle miles traveled (VMT) and other 
operating conditions as input parameters to generate an output file 
that contains estimated emissions. For the projected years inventories, 
the on-road mobile sources emissions are calculated by running the 
MOVES mobile model for the future year with the projected VMT to 
generate emissions that take into consideration expected Federal 
tailpipe standards, fleet turnover and new fuel standards.
    Table 7 shows the on-road Chatham, Franklin, Johnston, Orange and 
Person Counties emissions based on the current RVP of 9.0 psi and the 
on-road Wake, Durham, and Granville Counties emissions based on the 
current RVP of 7.8 psi. Table 8 shows the on-road emissions data for 
Durham, Granville and Wake Counties for 2005, 2008 and 2011 based on 
7.8 psi and the comparison of the projected 2014 and 2017 emissions 
based on a RVP relaxation to 9.0 psi for the three counties.

                            Table 7--MOVES On-Road Emissions for the Triangle Area *
----------------------------------------------------------------------------------------------------------------
                                       2005            2008            2011            2014            2017
----------------------------------------------------------------------------------------------------------------
                                            VOC Emissions (tons/day)
----------------------------------------------------------------------------------------------------------------
MOVES...........................           87.66           74.10           59.13           48.22           38.97
----------------------------------------------------------------------------------------------------------------
                                             NOX Emissions (tons/day)
----------------------------------------------------------------------------------------------------------------
MOVES...........................          175.18          152.05          117.46           91.84           72.88
----------------------------------------------------------------------------------------------------------------
* Wake, Durham, and Granville Counties emissions based on the current RVP of 7.8 psi.


                                  Table 8--MOVES On-Road Emissions Comparison *
----------------------------------------------------------------------------------------------------------------
                                       2005            2008            2011          2014 \**\       2017 \**\
----------------------------------------------------------------------------------------------------------------
                                            VOC Emissions (tons/day)
----------------------------------------------------------------------------------------------------------------
MOVES...........................           57.69           49.01           39.21     31.90/32.94     25.64/26.44
----------------------------------------------------------------------------------------------------------------
                                            NOX Emissions (tons/day)
----------------------------------------------------------------------------------------------------------------
MOVES...........................          116.11          102.92           80.09     62.56/62.99     49.48/49.78
----------------------------------------------------------------------------------------------------------------
* Emissions data for Durham, Granville and Wake Counties only.
** Wake, Durham, and Granville Counties emissions based on relaxation of RVP of 7.8 psi to 9.0 psi.

c. Non-Road Inventory

    In the original 2007 redesignation demonstration and maintenance 
plan, the model used to generate off-road emissions was the 
NONROAD2005c model. Since 2007, EPA has updated the non-road model to 
NONROAD2008a. NONROAD2008a is the latest USEPA approved non-road model. 
In this revision, the NONROAD2008a model is used to generate non-road 
emissions for all inventory years--2005, 2008, 2011, 2014, and 2017. 
Also, the non-road emissions documentation includes the general 
conformity analysis for two new nuclear generating units at Duke-
Progress Energy Company in Wake County.

d. Motor Vehicle Emissions Budgets

    In the March 27, 2013, SIP revision, North Carolina provided an 
increase for the amount of safety margins allocated to the 
NOX MVEBs to account for changes in the projection models. 
The MVEBs in this SIP revision which EPA is proposing to approve update 
the MVEBs which were originally approved by EPA on December 26, 2007. 
The updated MVEBs are outlined in table 9 below.
    NC DENR is currently allocating portions of the available safety 
margin to the MVEBs to allow for unanticipated VMT growth as well as 
changes to future vehicle mix assumptions that influence the emission 
estimations. In the March 2013 SIP revision, North Carolina is seeking 
to adjust the safety margins. The following tables provide the adjusted 
NOX MVEBs, in kilograms per day (kg/d) for the 2008 base 
attainment year inventories, as well as the projected NOX 
emissions inventory 2017 for each County.

[[Page 64904]]



                       Table 9--Triangle Area (County Level) NOX MVEB in Kilograms per Day
----------------------------------------------------------------------------------------------------------------
                  County                                                      2008 NOX  (kg/d)  2017 NOX  (kg/d)
----------------------------------------------------------------------------------------------------------------
Chatham\*\...............................  Base Emissions...................             3,033             1,690
                                           Safety Margin....................               455               422
                                           NOX Conformity MVEB..............             3,488             2,112
Durham...................................  Base Emissions...................            22,438            10,509
                                           Safety Margin....................             2,244             2,101
                                           NOX Conformity MVEB..............            24,682            12,610
Franklin.................................  Base Emissions...................             4,537             2,204
                                           Safety Margin....................               454               441
                                           NOX Conformity MVEB..............             4,991             2,645
Granville................................  Base Emissions...................             6,105             2,622
                                           Safety Margin....................               916               656
                                           NOX Conformity MVEB..............             7,021             3,278
Johnston.................................  Base Emissions...................            20,320             9,865
                                           Safety Margin....................             2,032             1,972
                                           NOX Conformity MVEB..............            22,352            11,838
Orange...................................  Base Emissions...................            13,820             6,137
                                           Safety Margin....................             1,382             1,227
                                           NOX Conformity MVEB..............            15,202             7,364
Person...................................  Base Emissions...................             2,871             1,340
                                           Safety Margin....................               431               335
                                           NOX Conformity MVEB..............             3,302             1,674
Wake.....................................  Base Emissions...................            64,825            32,034
                                           Safety Margin....................             6,483             6,407
                                           NOX Conformity MVEB..............            71,308            38,441
                                          ----------------------------------------------------------------------
    Total................................  New Safety Margin................            14,396            13,563
----------------------------------------------------------------------------------------------------------------
* Chatham County emissions for maintenance area only.

    A total of 14,396 kg (15.87 tpd) and 13,563 kg (14.95 tpd) from the 
available NOX safety margins in 2008 and 2017, respectively, 
were added to the MVEBs for the Triangle Area.
    As demonstrated above, the Triangle Area is projected to steadily 
decrease its total NOX emissions from the base year of 2005 
to the maintenance year of 2017. This NOX emission decrease 
demonstrates continued attainment/maintenance of the 1997 8-hour ozone 
NAAQS for ten years from 2007 (the year the Area was effectively 
designated attainment for the 1997 8-hour ozone NAAQS) as required by 
the CAA.

VII. Proposed Action

    EPA is proposing to approve the State of North Carolina's March 27, 
2013, revision to its Maintenance Plan for the Triangle 1997 8-hour 
Ozone Maintenance Area. Specifically, EPA is proposing to approve the 
State's showing that the Triangle Area can continue to maintain the 
1997 ozone standard without emissions reductions associated with the 
use of 7.8 psi RVP gasoline in the three portions of the Triangle Area 
currently subject to the 7.8 psi RVP standard during the high ozone 
season--June 1 through September 15.
    EPA proposes to approve the revised and updated modeling submitted 
by the State, which shows that the Triangle Area can continue to 
maintain the 1997 ozone standard if the applicable RVP standard in the 
three portions of the Triangle Area, the North Carolina revision is 
changed. EPA is also proposing to approve the revised NOX 
MVEBs for 2008 and 2017 including the revised and reallocated safety 
margin among the NOX MVEBs for the Triangle Area.
    EPA has preliminarily determined that North Carolina's March 27, 
2013, SIP revision, including the technical demonstration associated 
with the State's request for the removal of the Federal RVP 
requirements, and the updated MVEBs are consistent with the applicable 
provisions of the CAA. Should EPA decide to remove the subject portions 
of the Triangle Area from those areas subject to the 7.8 psi Federal 
RVP requirements, such action will occur in a separate, subsequent 
rulemaking.

VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely 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, October 7, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because

[[Page 64905]]

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 proposed 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, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

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

    Dated: October 21, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-25782 Filed 10-29-13; 8:45 am]
BILLING CODE 6560-50-P