[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Rules and Regulations]
[Pages 4082-4085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01330]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0562; FRL-9905-70-Region-4]


Approval and Promulgation of Implementation Plans; North 
Carolina: Non-Interference Demonstration for Removal of Federal Low-
Reid Vapor Pressure Requirement for the Greensboro/Winston-Salem/High 
Point Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of North Carolina's April 12, 2013, State Implementation Plan 
(SIP) revision to its approved maintenance plan for the Greensboro/
Winston-Salem/High Point 1997 8-hour Ozone Maintenance Area (Triad). 
Specifically, North Carolina's SIP revision, including updated 
modeling, shows that the Triad Area would continue to maintain the 1997 
8-hour ozone standard if the currently applicable Federal Reid Vapor 
Pressure (RVP) standard for gasoline of 7.8 pounds per square inch 
(psi) were modified to 9.0 psi for four portions (Davidson, Forsyth, 
Guilford and Davie Counties) of the ``Triad Area'' during the high-
ozone season. The State has included a technical demonstration with the 
SIP revision to demonstrate that a less-stringent RVP standard of 9.0 
psi in these portions of this area 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 Triad 
Area from the list of areas that are currently subject to the Federal 
7.8 psi RVP requirements. In addition, the revised on-road mobile and 
non-road mobile source emissions modeling associated with the requested 
modification to the RVP standard utilizes the updated Motor Vehicle 
Emissions Simulator (MOVES) and NONROAD2008 models which are the most 
current versions of modeling systems available for these sources. EPA 
has determined that North Carolina's April 12, 2013, SIP revision with 
respect to the revisions to the modeling and associated technical 
demonstration associated with the State's request for the removal of 
the Federal 7.8 psi RVP requirements, and with respect to the updated 
on-road mobile, non-road mobile and area source emissions, is 
consistent with the applicable provisions of the Clean Air Act (CAA or 
Act). Should EPA decide to remove the subject portions of the Triad 
Area from those areas subject to the 7.8 psi Federal RVP requirements, 
such action will occur in a subsequent rulemaking.

DATES: This rule will be effective on February 24, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0562. All documents in the docket 
are listed on the www.regulations.gov Web site. 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 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: Sean Lakeman, 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. The telephone number is (404) 
562-9043. Mr. Lakeman can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

    I. Background of the Triad Area
    II. Background of the Gasoline Volatility Requirement
    III. This Action
    IV. Final Action
    V. Statutory and Executive Order Reviews

I. Background of the Triad Area

    On November 6, 1991 (56 FR 56694), EPA designated the Counties of 
Davidson, Forsyth and Guilford in their entirety and the portion of 
Davie County bounded by the Yadkin River, Dutchmans Creek, North 
Carolina Highway 801, Fulton Creek and back to Yadkin River in the 
Triad Area as moderate nonattainment for the 1-hour ozone NAAQS. 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 the nonattainment designation, 
gasoline sold in the Triad 1-hour ozone 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 
Triad Area, on September 9, 1993, the Triad Area was redesignated to 
attainment for the 1-hour ozone NAAQS, based on 1989-1992 ambient air 
quality monitoring data. See 58 FR 47391. North Carolina's November 13, 
1992, 1-hour ozone redesignation request did not include a request for 
the removal of the 7.8 psi RVP standard. The requirements remained in 
place for the Area when it was designated nonattainment for the 1997 8-
hour ozone NAAQS that was promulgated on July 18, 1997, and later 
designated attainment for the 2008 8-hour ozone NAAQS that was 
promulgated March 12, 2008. See 77 FR 30088 (May 21, 2012).
    On April 30, 2004, EPA designated and classified areas for the 1997 
8-hour ozone NAAQS (69 FR 23857) unclassifiable/attainment or 
nonattainment for the new 8-hour ozone NAAQS. The Triad Area was 
designated as nonattainment with a deferred effective date as part of 
the Early Action Compact (EAC)\1\ program. (For more information on the 
EAC program, see, http://www.epa.gov/airquality/eac/fs20080331_eac.html.) The Greensboro-Winston Salem-High Point nonattainment-
deferred EAC Area for the 1997 8-hour ozone NAAQS expanded the Triad 
Area to include the entire county of Davie, and Alamance,

[[Page 4083]]

Caswell, Randolph, and Rockingham Counties in their entirety. The 
Greensboro-Winston Salem-High Point EAC Area attained the 1997 8-hour 
ozone NAAQS with a design value of 0.083 parts per million (ppm) using 
three years of quality assured data for the years of 2005-2007. On 
February 6, 2008, EPA proposed that 13 nonattainment areas with 
deferred effective dates, including the Greensboro-Winston Salem-High 
Point Area, be designated attainment for the 1997 8-hour ozone NAAQS. 
See 73 FR 6863. These areas met all of the milestones of the EAC 
program and demonstrated that they were in attainment of the 1997 8-
hour ozone NAAQS as of December 31, 2007. This rulemaking was finalized 
on April 2, 2008. See 73 FR 17897. Effective April 15, 2008, the 
Greensboro-Winston Salem-High Point EAC Area was designated as 
attainment for the 1997 8-hour ozone NAAQS. However, these attainment 
areas were required to submit a 10-year maintenance plan under section 
110(a)(1) of the CAA. As required, these plans provide for continued 
attainment and maintenance of the 1997 8-hour ozone NAAQS for at least 
10 years from the effective date of these areas' designation as 
attainment for the 1997 8-hour ozone NAAQS. These plans also include 
components illustrating how each area will continue to attain the 1997 
8-hour ozone NAAQS and provided contingency measures.
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    \1\ An EAC is an agreement between a State, local governments 
and EPA to implement measures not necessarily required by the Act in 
order to achieve cleaner air as soon as possible. The program was 
designed for areas that approach or monitor exceedances of the 8-
hour ozone standard, but are in attainment for the 1-hour ozone 
NAAQS.
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II. Background 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 summer ozone control 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 
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 
EPA 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 were 
retained as contained in the original Phase II Rule 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 
statutory limits.\2\ 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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    \2\ 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 
is best accomplished in conjunction with the redesignation process. As 
noted above, however, North Carolina did not request relaxation of the 
applicable 7.8 psi RVP standard when the Triad 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 Triad 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.

III. This Action

    On November 26, 2013 (78 FR 70516), EPA proposed approval of North 
Carolina's April 12, 2013, revision to the State's approved 1997 8-hour 
ozone maintenance plan for the Triad area. Specifically, North 
Carolina's revision, including updated modeling, shows that the Triad 
Area would continue to maintain the 1997 8-hour ozone standard if the 
currently applicable RVP standard for gasoline from 7.8 psi were 
modified to 9.0 psi during the high-ozone season. In addition, the 
revised on-road mobile and non-road mobile source emissions modeling 
associated with the requested modification to the RVP standard results 
in the use of the updated Motor Vehicle Emissions Simulator (MOVES) and 
NONROAD2008 models which are the most current versions of modeling 
systems available for these sources. No adverse comments and one 
supportive comment were received on this proposed action.\3\ EPA is 
hereby finalizing approval of the revision.
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    \3\ EPA notes that the supportive comment also requested that 
any separate action to remove the Triad Area from those areas 
subject to the more stringent 7.8 psi RVP requirements be done 
through a direct final rulemaking action. As described in the 
proposed rule for today's action, and reiterated in this final rule, 
any action to remove the Triad Area from the more stringent 7.8 psi 
RVP requirements will be done through a separate action. Any 
comments regarding that separate action should be submitted in 
response to such action. EPA does not view this request as relevant 
to today's action approving revisions to the Triad Area 110(a)(1) 
maintenance plan.
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    This rulemaking approves a revision to the 1997 8-hour ozone 
Maintenance Plan for the Triad Area submitted by the

[[Page 4084]]

NC DENR. Specifically, EPA is approving changes to the maintenance 
plan, including updated modeling that shows that the Triad 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 Triad Area counties during the high ozone season--
June 1 through September 15. EPA is also concluding 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 Triad Area during the high ozone season. Consistent with 
section 110(l) of the Act, EPA also concludes 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 of the Act.
    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. To determine the approvability of 
North Carolina's April 12, 2013, SIP revision, EPA considers whether 
the 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 April 12, 2013, SIP revision, including review of section 
110(l) requirements can be found in the proposed rule published on 
November 26, 2013, at 78 FR 70516.
    This rulemaking is only approving the State's revision to its 
existing maintenance plan for the Triad 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 Triad Area during the high ozone 
season.

IV. Final Action

    EPA is approving the State of North Carolina's April 12, 2013, 
revision to its 110(a)(1) Maintenance Plan for the Triad 1997 8-hour 
Ozone Maintenance Area. Specifically, EPA is approving the State's 
showing that the Triad Area can continue to maintain the 1997 ozone 
standard without emissions reductions associated with the use of 
gasoline with an RVP of 7.8 psi in the four Triad Area counties during 
the high ozone season--June 1 through September 15.
    In addition, EPA is approving an updated on-road mobile, non-road 
mobile and area source emissions for the Triad Area. EPA has determined 
that North Carolina's April 12, 2013, SIP revision, including the 
technical demonstration associated with the State's request for the 
removal of the Federal RVP requirements, and the updated on-road 
mobile, non-road mobile and area source emissions are consistent with 
the applicable provisions of the CAA. Should EPA decide to remove 
subject portions of the Triad Area from those areas subject to the 7.8 
psi Federal RVP requirements, such action will occur in a separate, 
subsequent rulemaking.

V. 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 
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 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 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.
    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 March 25, 2014. 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

[[Page 4085]]

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, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, 
Reporting and recordkeeping requirements and Volatile organic 
compounds.

    Dated: January 10, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 52, is amended 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. Section 52.1770(e) is amended by adding a new entry for ``Supplement 
Maintenance Plan for the Greensboro/Winston-Salem/High Point Area, NC 
1997 8-hour Ozone Maintenance Area and RVP Standard.'' at the end of 
the table to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                         State       EPA approval      Federal Register
             Provision              effective date       date              citation             Explanation
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                                                  * * * * * * *
Supplement Maintenance Plan for           4/2/2013       1/24/2014  [Insert citation of
 the Greensboro/Winston-Salem/High                                   publication].
 Point Area, NC 1997 8-hour Ozone
 Maintenance Area and RVP Standard.
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[FR Doc. 2014-01330 Filed 1-23-14; 8:45 am]
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