[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Proposed Rules]
[Pages 29230-29237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12348]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0260; FRL-9928-12-Region 4]


Approval and Promulgation of Implementation Plans; North 
Carolina: Non-Interference Demonstration for Federal Low-Reid Vapor 
Pressure Requirement for the Gaston and Mecklenburg Counties in North 
Carolina

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State of North Carolina's April 16, 2015, revision to its 
State Implementation Plan (SIP), submitted through the North Carolina 
Department of Environment and Natural Resources, Division of Air 
Quality (DAQ), in support of the State's request that EPA change the 
Federal Reid Vapor Pressure (RVP) requirements for Gaston and 
Mecklenburg Counties. This RVP-related SIP revision evaluates whether 
changing the Federal RVP requirements in these counties would interfere 
with the requirements of the Clean Air Act (CAA or Act). North 
Carolina's April 16, 2015, RVP-related SIP revision also updates the 
State's maintenance plan and the associated motor vehicle emissions 
budgets (MVEBs) related to its redesignation request for the North 
Carolina portion of the Charlotte-Gastonia-Salisbury 2008 8-hour ozone 
nonattainment area (Charlotte 2008 Ozone Area) to reflect the requested 
change in the Federal RVP requirements. EPA is also proposing to 
approve these updates to the maintenance plan and associated MVEBs. EPA 
has preliminarily determined that North Carolina's April 16, 2015, RVP-
related SIP revision is consistent with the applicable provisions of 
the CAA.

DATES: Written comments must be received on or before June 11, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2015-0260 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-2015-0260, Air Regulatory Managment Section 
(formerly the Regulatory Development Section), Air Planning and 
Implementation Branch (formerly 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.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. 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-
2015-0260. 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

[[Page 29231]]

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 Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong of the Air Regulatory 
Management Section, in the Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Wong may be reached by phone at (404) 562-8726 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What is being proposed?
II. What is the background of the Charlotte 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. Proposed Action
VII. Statutory and Executive Order Reviews

I. What is being proposed?

    This rulemaking proposes to approve North Carolina's April 16, 
2015, SIP revision in support of the State's request that EPA relax the 
Federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0 
psi for gasoline sold between June 1 and September 15 of each year 
(i.e., during high ozone season) in Gaston and Mecklenburg Counties. 
Specifically, EPA is proposing to approve the State's technical 
demonstration that changing the federal RVP requirements in Gaston and 
Mecklenburg Counties from 7.8 psi to 9.0 psi will not interfere with 
attainment or maintenance of any national ambient air quality standards 
(NAAQS) or with any other applicable requirement of the CAA.\1\ In a 
separate SIP revision which is currently under EPA review, DAQ is 
requesting that EPA redesignate the North Carolina portion of the 
Charlotte 2008 8-hour Ozone Area to attainment.\2\ Final action to 
approve North Carolina's requested change to the Federal RVP 
requirement for Gaston and Mecklenburg Counties is contingent, in part, 
on EPA's final action to approve North Carolina's redesignation request 
for the North Carolina portion of the Charlotte 2008 8-hour Ozone Area. 
With its redesignation request, the State included a maintenance 
demonstration plan that estimates emissions through 2026 using a 7.8 
psi RVP requirement rather than the 9.0 psi RVP requirement. However, 
through the April 16, 2015 RVP-related SIP revision (the subject of 
this proposed rulemaking), DAQ updated the mobile emissions for that 
maintenance plan (including the MVEBs) to reflect the State's request 
for EPA to change the Federal RVP requirement for Gaston and 
Mecklenburg Counties to 9.0 psi. The updates are summarized on page 24 
of the State's submittal titled ``Charlotte 2008 Ozone Redesignation 
and Maintenance SIP_with_RVP_Demo_Final_04-16-15'', and may be accessed 
at www.regulations.gov using Docket ID No. EPA-R04-OAR-2015-0260. This 
proposed action would also update that maintenance plan to reflect the 
change for mobile emissions and the associated MVEBs due to the 
proposed change in the Federal RVP requirements for Gaston and 
Mecklenburg Counties.
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    \1\ A separate rulemaking is required for relaxation of the 
current requirement to use gasoline with an RVP of 7.8 psi in these 
counties. This action proposes EPA's evaluation of the approvability 
of North Carolina's noninterference demonstration pursuant to 
section 110(l). The decision regarding removal of Federal RVP 
requirements pursuant to section 211(h) in the Area includes other 
considerations evaluated at the discretion of the Administrator. As 
such, the determination regarding whether to remove the Area from 
those areas subject to the section 211(h) requirements is made 
through a separate rulemaking action.
    \2\ See footnote 4 for a geographic description of the Charlotte 
2008 8-hour Ozone Area.
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    As mentioned above, North Carolina is requesting the removal of the 
Federal 7.8 psi RVP requirement for Gaston and Mecklenburg Counties 
and, as part of that request, has evaluated whether removal of this 
requirement would interfere with attainment or maintenance of the 
NAAQS. To make this demonstration, North Carolina completed a technical 
analysis to estimate the change in emissions that would result from a 
switch to 9.0 psi RVP fuel. EPA has reviewed this technical analysis 
and is proposing to find that North Carolina's technical demonstration 
supports the conclusion that the use of gasoline with an RVP of 9.0 psi 
in Gaston and Mecklenburg Counties will not interfere with attainment 
or maintenance of any NAAQS or with any other applicable requirement of 
the CAA in the Charlotte Area.\3\ In addition to proposing to approve 
DAQ's noninterference demonstration, EPA is also proposing to approve 
the update to the maintenance plan and MVEBs associated with the 
State's request to redesignate the North Carolina portion of the 
Charlotte 2008 8-hour Ozone Area to reflect the requested change in the 
Federal RVP requirements for Gaston and Mecklenburg Counties.
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    \3\ The use of the term ``Charlotte Area'' in the remainder of 
this document refers to the EPA-designated area for the relevant 
NAAQS that includes Gaston and Mecklenburg Counties.
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    This preamble is hereinafter organized into five parts. Section II 
provides the background of the Charlotte 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 change to the Federal RVP standard in Gaston and 
Mecklenburg Counties.

II. What is the background of the Charlotte area?

    The Charlotte Area was originally designated as a 1-hour ozone 
nonattainment area by EPA on March 3, 1978 (43 FR 8962) and was 
geographically defined as Mecklenburg County, North Carolina. On 
November 6, 1991, by operation of law under section 181(a) of the CAA, 
EPA classified the Charlotte Area as a moderate nonattainment area for 
ozone and added Gaston County to the

[[Page 29232]]

nonattainment area. See 56 FR 56693. 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 section III, below, a 7.8 psi Federal RVP requirement 
first applied to Gaston and Mecklenburg Counties during the high ozone 
season given its status as a nonattainment area for the 1-hour ozone 
standard.
    DAQ requested a redesignation of the Charlotte Area to attainment 
for the 1-hour ozone NAAQS in 1993. The Area attained the 1-hour ozone 
NAAQS and was redesignated to attainment for the 1-hour ozone on July 
5, 1995, based on 1990-1993 ambient air quality monitoring data. See 60 
FR 34859. North Carolina's 1-hour ozone redesignation request did not 
include a request to relax the 7.8 psi Federal RVP standard.
    On April 30, 2004, EPA designated and classified areas for the 1997 
8-hour ozone NAAQS that was promulgated on July 18, 1997, as 
unclassifiable/attainment or nonattainment for the new 8-hour ozone 
NAAQS. See 69 FR 23857. The Charlotte Area was designated as 
nonattainment for the 1997 8-hour ozone NAAQS with a design value of 
0.100 parts per million (ppm).\4\ Subsequently, the Charlotte Area 
attained the 1997 8-hour ozone NAAQS with a design value of 0.082 ppm 
using three years of quality assured data for the years of 2008-2010. 
The Charlotte Area was redesignated to attainment for the 1997 8-hour 
ozone NAAQS in a final rulemaking on December 2, 2013. See 78 FR 72036. 
North Carolina's 1997 8-hour ozone redesignation request did not 
include a request for the removal of the 7.8 psi Federal RVP standard 
for the Charlotte Area, and thus modeled 7.8 psi for Gaston and 
Mecklenburg Counties to support the maintenance demonstration.
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    \4\ The nonattainment area for the 1997 8-hour ozone standard 
consists of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union and 
a portion of Iredell County (Davidson and Coddle Creek Townships), 
North Carolina and a portion of York County, South Carolina. The 7.8 
psi RVP standard continued to apply to Gaston and Mecklenburg 
counties whereas the remaining counties in the nonattainment area 
are subject to the 9.0 psi RVP standard.
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    On May 21, 2012, EPA designated and classified areas for the 2008 
8-hour ozone NAAQS that was promulgated on March 27, 2008, as 
unclassifiable/attainment or nonattainment for the new 8-hour ozone 
NAAQS. See 77 FR 30088. The Charlotte Area was designated as 
nonattainment for the 2008 8-hour ozone NAAQS with a design value of 
0.079 ppm.\5\ On April 16, 2015, DAQ submitted a redesignation request 
and maintenance plan for the North Carolina portion of the Charlotte 
2008 8-hour Ozone Area for EPA's approval. In that submittal, the State 
included a maintenance demonstration that estimates emissions using a 
7.8 psi RVP requirement for Gaston and Mecklenburg Counties for the 
2008 8-hour ozone redesignation request and maintenance plan. EPA is 
taking action on the aforementioned redesignation request and 
maintenance plan in a separate rulemaking. However, also on April 16, 
2015, to support its request for EPA to change the Federal RVP 
requirement for Gaston and Mecklenburg Counties, DAQ submitted a SIP 
revision that contains a noninterference demonstration that included 
updated modeling assuming 9.0 psi for RVP for Gaston and Mecklenburg 
Counties and updates the maintenance plan submission and associated 
MVEBs for the North Carolina portion of the Charlotte 2008 8-hour Ozone 
Area.
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    \5\ The nonattainment area for the 2008 8-hour ozone standard 
includes the same counties in the nonattainment area for the 1997 8-
hour ozone standard, but it has a smaller geographical boundary than 
the 1997 8-hour ozone nonattainment area. The 2008 8-hour ozone 
nonattainment area includes the entire county of Mecklenburg and 
portions of the following counties: Cabarrus (Central Cabarrus, 
Concord, Georgeville, Harrisburg, Kannapolis, Midland, Mount 
Pleasant, Odell, Poplar Tent, New Gilead and Rimertown Townships), 
Gaston (Dallas, Crowders Mountain, Gastonia, Riverbend and South 
Point Townships), Iredell (Coddle and Davidson Townships), Lincoln 
(Catawba Springs, Lincolnton and Ironton Townships), Rowan (Atwell, 
China Grove, Franklin, Gold Hill, Litaker, Locke, Providence, 
Salisbury, Steele and Unity Townships) and Union (Goose Creek, 
Marshville, Monroe, Sandy Ridge and Vance Townships) for North 
Carolina, and a portion of York County (excluding the Indian Country 
associated with the Catawba Indian Nation) for South Carolina. 
Though the number of counties remained the same for the 2008 ozone 
nonattainment area, Gaston and Mecklenburg adhered the 7.8 psi RVP 
requirement while remaining counties were subjected to the RVP of 
9.0 psi.
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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 (VOCs), 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 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658). A current listing of the RVP requirements for states can be 
found at 40 CFR 80.27(a)(2) as well as on EPA's Web site at: http://www.epa.gov/otaq/fuels/gasolinefuels/volatility/standards.htm.
    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. In 
order for an ozone nonattainment area to be redesignated

[[Page 29233]]

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 change the volatility standard unless the state requests a 
change 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, North Carolina did not request a change of the 
applicable 7.8 psi Federal RVP standard when the Charlotte Area was 
redesignated to attainment for the either the 1-hour or the 1997 8-hour 
ozone NAAQS. The State, in conjunction with its request to redesignate 
the North Carolina portion of the Charlotte 2008 8-hour Ozone Area to 
attainment,\6\ is now requesting a change of the Federal RVP 
requirement from 7.8 psi to 9.0 psi. EPA's consideration of this 
requested change for the Federal RVP requirements for Gaston and 
Mecklenburg Counties is contingent, in part, upon EPA approving North 
Carolina's redesignation request and maintenance plan for the North 
Carolina portion of the Charlotte 2008 8-hour Ozone Area. To make the 
requested change in the Federal RVP requirements for Gaston and 
Mecklenburg Counties, EPA would also have to approve the updates to 
North Carolina's maintenance plan and MVEBs included with the State's 
April 16, 2015, RVP-related SIP revision.\7\
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    \6\ See footnote 4 for a geographic description of the Charlotte 
NC 2008 8-hour Ozone Area.
    \7\ The maintenance plan has to ensure maintenance of the 0.075 
ppm 2008 8-hour ozone NAAQS which is more stringent than the 0.080 
ppm 1997 8-hour ozone NAAQS.
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IV. What are the section 110(l) requirements?

    To support North Carolina's request to relax the Federal RVP 
requirement for Gaston and Mecklenburg Counties, the State must 
demonstrate that the requested change will satisfy section 110(l) of 
the CAA. Section 110(l) requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any other 
applicable requirement of the Act. EPA's criterion for determining the 
approvability of North Carolina's April 16, 2015, RVP-related SIP 
revision is whether the noninterference demonstration associated with 
the relaxation request satisfies section 110(l).
    EPA evaluates each section 110(l) noninterference demonstration on 
a case-by-case basis considering the circumstances of each SIP 
revision. EPA interprets 110(l) as applying to all NAAQS that are in 
effect, including those that have been promulgated but for which the 
EPA has not yet made designations. The degree of analysis focused on 
any particular NAAQS in a noninterference demonstration varies 
depending on the nature of the emissions associated with the proposed 
SIP revision. EPA's analysis of North Carolina's April 16, 2015, SIP 
revision pursuant to section 110(l) is provided below.
    As previously mentioned, EPA is proposing three actions in relation 
to the State's April 16, 2015, noninterference demonstration. First, 
EPA is proposing to approve North Carolina's update to the maintenance 
plan associated with the State's redesignation request for the North 
Carolina portion of the Charlotte 2008 8-hour Ozone Area to reflect 
modeling of 9.0 psi for RVP for Gaston and Mecklenburg Counties. 
Second, EPA is proposing to approve the revised MVEBs that result from 
the updated mobile modeling to reflect the change in RVP for Gaston and 
Mecklenburg Counties. Third, EPA is proposing to approve the State's 
technical demonstration that the switch to the sale of gasoline with an 
RVP of 9.0 psi in Gaston and Mecklenburg Counties during the high ozone 
season will not interfere with attainment or maintenance of the NAAQS 
and to amend the SIP to include this demonstration. Consistent with CAA 
section 211(h) and the Phase II volatility regulations, a separate 
rulemaking is required to change the current Federal requirement to use 
gasoline with a 7.8 psi RVP in Gaston and Mecklenburg Counties.

V. What is EPA's analysis of North Carolina's submittal?

a. Overall Preliminary Conclusions Regarding North Carolina's 
Noninterference Analyses

    On April 16, 2015, DAQ submitted a noninterference demonstration to 
support the State's request to modify the RVP summertime gasoline 
requirement from 7.8 psi to 9.0 psi for Gaston and Mecklenburg 
Counties. This demonstration includes an evaluation of the impact that 
the removal of the 7.8 psi RVP requirement for these counties would 
have on the Area's ability to attain or maintain the 1997 and 2008 
ozone standards or other NAAQS in the Charlotte Area.\8\ North 
Carolina's noninterference analysis evaluated the impact of the change 
in RVP on the Area's ability to attain or maintain the ozone, 
particulate matter (PM),\9\ Nitrogen Dioxide (NO2), sulfur 
dioxide (SO2), and carbon monoxide (CO) NAAQS.
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    \8\ The six NAAQS for which EPA establishes health and welfare 
based standards are CO, lead, NO2, ozone, PM, and 
SO2. RVP requirements do not have an impact on actual or 
modeled lead emissions.
    \9\ PM is composed of PM2.5 and PM10.
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    DAQ's noninterference analysis utilized EPA's 2014 Motor Vehicle 
Emissions Simulator (MOVES) emission modeling system to estimate 
emissions for mobile sources. These mobile source emissions are used as 
part of the evaluation of the potential impacts to the NAAQS that might 
result exclusively from changing the high ozone season RVP requirement 
from 7.8 psi to 9.0 psi. As summarized in Tables 1 and 2, below, the 
MOVES model predicted minor increases in on-road mobile source 
NOX and VOC emissions in the North Carolina portion of the 
Charlotte 2008 8-hour Ozone Area due to relaxation of the RVP 
requirement. Daily on-road mobile NOX emissions are 
projected to increase by 0.11 ton in 2015 down to an increase of 0.01 
ton in 2026 during the ozone season. Daily on-road mobile VOC emissions 
are projected to increase by 0.18 ton in 2015 down to an increase of 
0.04 ton in 2026 during the ozone season.

[[Page 29234]]



                Table 1--On-Road Mobile Source NOX Emissions (Average Tons/Day) for Ozone Season
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                                                                    7.8 psi RVP
             County              -------------------------------------------------------------------------------
                                       2014            2015            2018            2022            2026
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Cabarrus \1\....................            6.60            5.93            3.94            2.79            1.86
Gaston \1\ \2\..................            8.11            7.23            4.60            3.04            1.97
Iredell \1\.....................            3.36            3.05            2.05            1.41            0.93
Lincoln \1\.....................            3.00            2.75            1.84            1.23            0.76
Mecklenburg \2\.................           26.99           24.12           14.35            9.63            6.85
Rowan \1\.......................            6.42            5.75            3.73            2.56            1.59
Union \1\.......................            5.67            5.14            3.41            2.28            1.51
                                 -------------------------------------------------------------------------------
    Total.......................           60.15           53.97           33.92           22.94           15.47
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                                                                    9.0 psi RVP
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\....................  ..............            5.93            3.94            2.79            1.86
Gaston \1\ \2\..................  ..............            7.26            4.62            3.04            1.98
Iredell \1\.....................  ..............            3.05            2.05            1.41            0.93
Lincoln \1\.....................  ..............            2.75            1.84            1.23            0.76
Mecklenburg \2\.................  ..............           24.20           14.39            9.65            6.85
Rowan \1\.......................  ..............            5.75            3.73            2.56            1.59
Union \1\.......................  ..............            5.14            3.41            2.28            1.51
                                 -------------------------------------------------------------------------------
    Total.......................  ..............           54.08           33.98           22.96           15.48
----------------------------------------------------------------------------------------------------------------
Emissions Increase..............  ..............            0.11            0.06            0.02            0.01
----------------------------------------------------------------------------------------------------------------
\1\ Emissions are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-
  hour Ozone Area.
\2\ Only Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.


                Table 2--On-Road Mobile Source VOC Emissions (Average Tons/Day) for Ozone Season
----------------------------------------------------------------------------------------------------------------
                                                                    7.8 psi RVP
             County              -------------------------------------------------------------------------------
                                       2014            2015            2018            2022            2026
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\....................            4.15            3.89            3.01            2.53            2.04
Gaston \1\ \2\..................            4.61            4.24            3.05            2.31            1.72
Iredell \1\.....................            1.95            1.82            1.40            1.10            0.82
Lincoln \1\.....................            1.91            1.81            1.37            1.07            0.79
Mecklenburg \2\.................           14.40           13.28           10.00            8.18            6.64
Rowan \1\.......................            3.76            3.48            2.57            1.93            1.41
Union \1\.......................            3.54            3.30            2.54            2.04            1.56
                                 -------------------------------------------------------------------------------
    Total.......................           34.32           31.82           23.94           19.16           14.98
----------------------------------------------------------------------------------------------------------------
                                                                    9.0 psi RVP
----------------------------------------------------------------------------------------------------------------
Cabarrus \1\....................  ..............            3.89            3.01            2.53            2.04
Gaston \1\ \2\..................  ..............            4.29            3.08            2.32            1.73
Iredell \1\.....................  ..............            1.82            1.40            1.10            0.82
Lincoln \1\.....................  ..............            1.81            1.37            1.07            0.79
Mecklenburg \2\.................  ..............           13.41           10.09            8.22            6.67
Rowan \1\.......................  ..............            3.48            2.57            1.93            1.41
Union \1\.......................  ..............            3.30            2.54            2.04            1.56
                                 -------------------------------------------------------------------------------
    Total.......................  ..............           32.00           24.06           19.21           15.02
----------------------------------------------------------------------------------------------------------------
Emissions Increase..............  ..............            0.18            0.12            0.05            0.04
----------------------------------------------------------------------------------------------------------------
\1\ Emissions are reported only for the nonattainment portion of the county included in the Charlotte, NC 2008 8-
  hour Ozone Area.
\2\ Only Gaston and Mecklenburg counties use 7.8 psi RVP fuel. The remaining counties use 9.0 psi RVP fuel.

    Table 3, below, shows the total estimated anthropogenic emissions 
of NOX and VOC from area, point, on-road, and nonroad source 
categories for the North Carolina Portion of the Charlotte 2008 8-hour 
Ozone Area. Emissions reported for 2014 assume the use of 7.8 psi RVP 
fuel for Gaston and Mecklenburg Counties whereas emissions from 2015 
through 2026 assume the use of 9.0 psi RVP fuel. NOX and VOC 
emissions are projected to continue to decrease in the Charlotte 8-hour 
Ozone Area using 9.0 psi RVP fuel in the entire Area for years 2015 
through 2026. DAQ's analysis also estimates that RVP relaxation could 
increase anthropogenic VOC emissions by 0.42 tpd in 2015 and 0.32 tpd 
in 2026 and could increase anthropogenic NOX emissions by 
0.11 tpd in 2015 and 0.01 tpd in 2026.

[[Page 29235]]



                 Table 3--Total Anthropogenic Emissions
------------------------------------------------------------------------
                                                NOX  (tons/  VOC  (tons/
                     Year                           day)         day)
------------------------------------------------------------------------
2014..........................................       130.18       113.12
2015..........................................       124.18       111.09
2018..........................................        94.33       104.41
2022..........................................        86.67       101.74
2026..........................................        67.54       100.46
Difference from 2014 to 2026..................       -62.64       -12.66
------------------------------------------------------------------------

b. Noninterference Analysis for the Ozone NAAQS

    As discussed above, the Charlotte Area is currently designated as 
attainment for the 1997 8-hour ozone NAAQS, and in a separate action, 
EPA is considering the State's redesignation request for the 2008 8-
hour ozone NAAQS. Although the Charlotte Area was previously designated 
as nonattainment for the 1997 8-hour ozone NAAQS, the Charlotte Area 
was redesignated to attainment for that NAAQS on December 2, 2014. See 
78 FR 72036.
    Table 4, below, shows the safety margins \10\ from a 2014 base year 
with 7.8 psi RVP fuel to the years 2015, 2018, 2022, and 2026 with 9.0 
psi RVP fuel for the entire Charlotte 2008 8-hour Ozone Area. The 
safety margins identified in Table 4 indicate that the switch to 9.0 
psi RVP fuel in Gaston and Mecklenburg Counties will not interfere with 
the Area's ability to attain or maintain the 2008 8-hour ozone 
NAAQS.\11\
---------------------------------------------------------------------------

    \10\ The safety margin is the difference between the attainment 
level of emissions in the base year from all source categories 
(point, area, on-road and nonroad) and the projected level of 
emissions in future years from all source categories.
    \11\ The Charlotte Area is located within a NOX-
limited region. A NOX-limited region is one in which the 
concentration of ozone is limited by the amount of NOX 
emissions. NOX and VOC are precursors to the formation of 
ozone in the atmosphere. In a NOX-limited area, high 
prevailing concentrations of VOC from naturally-occurring sources 
are present in the atmosphere to contribute to ozone formation. 
Consequently, reduction of manmade, or anthropogenic, sources of VOC 
emissions generally do not result in reduced ozone formation. 
Instead, reductions of NOX emissions provide a more 
effective ozone reduction strategy because reduced emissions of 
manmade NOX emissions limit the amount of NOX 
available in the atmosphere for ozone formation. See, e.g., The 
State of the Southern Oxidants Study (SOS) Policy Relevant Findings 
in Ozone and PM2.5 Pollution Research 1995-2003 (June 30, 2004), 
http://www.ncsu.edu/sos/pubs/sos3/State_of_SOS_3.pdf.

                         Table 4--Safety Margin
------------------------------------------------------------------------
                                                NOX  (tons/  VOC  (tons/
                     Year                           day)         day)
------------------------------------------------------------------------
2014..........................................          N/A          N/A
2015..........................................        -6.00        -2.03
2018..........................................       -35.85        -8.71
2022..........................................       -43.51       -11.38
2026..........................................       -62.64       -12.66
------------------------------------------------------------------------

    Because the 2008 8-hour ozone NAAQS is more stringent than the 1997 
8-hour ozone standard, North Carolina's April 16, 2015, noninterference 
demonstration for the ozone NAAQS is focused on the 2008 8-hour ozone 
standard. The 2008 8-hour ozone NAAQS is met when the annual fourth-
highest daily maximum 8-hour average concentration, averaged over 3 
years is 0.075 ppm or less. As shown in Table 5, all of the ozone 
monitors in the Charlotte 2008 8-hour Ozone Area are currently below 
the 2008 8-hour ozone standard.

                                                    Table 5--Charlotte Area Ozone Design Values (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Monitor                             2007-2009       2008-2010       2009-2011       2010-2012       2011-2013       2012-2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
Crouse..................................................           0.076           0.072           0.071           0.075           0.072           0.068
Garinger................................................           0.082           0.078           0.079           0.083           0.078           0.070
Arrowood................................................           0.076           0.073           0.076           0.077           0.072           0.066
County Line.............................................           0.086           0.082           0.078           0.083           0.078           0.073
Rockwell................................................           0.083           0.077           0.075           0.078           0.073           0.068
Enochville..............................................           0.083           0.077           0.076           0.077           0.072          (\12\)
Monroe..................................................           0.076           0.072           0.070           0.073           0.070           0.068
York....................................................           0.072           0.067           0.064           0.065           0.063           0.060
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 5 also shows that there is an overall downward trend in ozone 
concentrations in the Charlotte 2008 8-hour Ozone Area. This decline 
can be attributed to Federal and State programs that have led to 
significant emissions reductions in ozone precursors. Given this 
downward trend, the current ozone concentrations in the Charlotte 2008 
8-hour Ozone Area, and the results of North Carolina's emissions 
analysis, EPA has preliminarily determined that a change to 9.0 psi RVP 
fuel for Gaston and Mecklenburg Counties would not interfere with the 
Area's ability to attain or maintain the 1997 or 2008 ozone NAAQS in 
the Charlotte Area.
---------------------------------------------------------------------------

    \12\ The Enochville monitor shut down after the 2014 monitoring 
season. There was not enough data at the location to calculate a 3-
year average design value for 2012-2014.
---------------------------------------------------------------------------

c. Noninterference Analysis for the PM NAAQS

    Over the course of several years, EPA has reviewed and revised the 
PM2.5 NAAQS a number of times. On July 16, 1997, EPA 
established an annual PM2.5 NAAQS of 15.0 micrograms per 
cubic meter ([mu]g/m\3\), based on a 3-year average of annual mean 
PM2.5 concentrations, and a 24-hour PM2.5 NAAQS 
of 65 [mu]g/m\3\, based on a 3-year average of the 98th percentile of 
24-hour concentrations. See 62 FR 36852 (July 18, 1997). On September 
21, 2006, EPA retained the 1997 Annual PM2.5 NAAQS of 15.0 
[mu]g/m\3\ but revised the 24-hour PM2.5 NAAQS to 35 [mu]g/
m\3\, based again on a 3-year average of the 98th percentile of 24-hour 
concentrations. See 71 FR 61144 (October 17, 2006). On December 14, 
2012, EPA retained the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/
m\3\ but revised the annual primary PM2.5 NAAQS to 12.0 
[mu]g/m\3\, based again on a 3-year average of annual mean 
PM2.5 concentrations. See 78 FR 3086 (January 15, 2013).
    EPA promulgated designations for the 1997 Annual PM2.5 
NAAQS on January 5, 2005 (70 FR 944), and April 14, 2005 (70 FR 19844). 
The Charlotte Area was designated unclassifiable/attainment for the 
1997 Annual PM2.5 standards. As mentioned above, EPA revised 
the Annual PM2.5 NAAQS in December 2012. EPA completed 
designations for the 2012 Annual PM2.5 NAAQS for most areas 
on December 14, 2015, and designated counties in the Charlotte Area as 
unclassifiable/attainment. See 80 FR 2206 (January 15, 2015).

[[Page 29236]]

    In 2013, the Charlotte Area PM2.5 design values were 9.8 
[mu]g/m\3\ for the Annual PM2.5 NAAQS and 22 [mu]g/m\3\ for 
the 24-hour PM2.5 NAAQS. North Carolina's MOVES2014 modeling 
predicted slight reductions of direct PM2.5 emissions (0.23 
percent reduction in 2015 and a 0.61 percent reduction in 2026) after 
changing the model inputs to reflect the proposed use of 9.0 psi RVP 
fuel in Gaston and Mecklenburg Counties. As discussed above, the 
MOVES2014 modeling also predicted small increases in NOX and 
VOC emissions due to the proposed RVP relaxation. However, EPA believes 
that any resulting increase in ambient PM2.5 concentrations 
resulting from these changes would not cause interference with the 
PM2.5 NAAQS because the NOX and VOC mobile 
emission increases would be small in relation to the current total 
emissions and because ambient PM2.5 concentrations in the 
southeastern U.S. tend to be impacted more significantly by direct 
PM2.5 and SO2 emissions than by NOX 
and anthropogenic VOC emissions.\13\ As discussed below, the MOVES2014 
model did not predict any impact on SO2 emissions due to RVP 
relaxation in Gaston and Mecklenburg Counties. Given the current 
PM2.5 concentrations in the Charlotte Area and the results 
of North Carolina's emissions analysis, EPA has preliminarily 
determined that a change to 9.0 psi RVP fuel for Gaston and Mecklenburg 
Counties would not interfere with maintenance of the 1997 Annual 
PM2.5 NAAQS or the 2006 24-hour PM2.5 NAAQS in 
the Charlotte Area.\14\
---------------------------------------------------------------------------

    \13\ The main precursors for PM2.5 are 
NOX, SO2, VOC and ammonia. There have been a 
number of studies in the Southeast which have indicated that 
SO2 is the primary driver of PM2.5 formation 
in the Southeast. See, e.g., Journal of Environmental Engineering- 
Quantifying the sources of ozone, fine particulate matter, and 
regional haze in the Southeastern United States (June 24, 2009), 
http://www.journals.elsevier.com/journal-of-environmental-management.
    \14\ EPA has also preliminarily determined that a change to 9.0 
psi RVP fuel in the Charlotte Area would not interfere with 
maintenance of the Annual PM10 NAAQS of 150 [micro]g/m\3\ 
given the results of North Carolina's emissions analysis and the 
fact that the Area is currently attaining the PM10 
standard. Because PM2.5 is a component of 
PM10, this preliminary determination is further supported 
by the downward trend in PM2.5 identified above.
---------------------------------------------------------------------------

d. Noninterference Analysis for the 2010 NO2 NAAQS

    On February 17, 2012, EPA designated all counties in North Carolina 
as unclassifiable/attainment for the 2010 NO2 NAAQS. See 77 
FR 9532. Based on the technical analysis in North Carolina's April 16, 
2015, RVP-related SIP revision, the projected increase in total 
anthropogenic NOX emissions associated with the change to 
9.0 psi RVP fuel for Gaston and Mecklenburg Counties is approximately 
0.11 tpd in 2015 and 0.01 tpd in 2026. Given the current 
unclassifiable/attainment designation and the results of North 
Carolina's emissions analysis, EPA has preliminarily determined that a 
change to 9.0 psi RVP fuel for Gaston and Mecklenburg Counties would 
not interfere with maintenance of the 2010 NO2 NAAQS in the 
Charlotte Area.

e. Noninterference Analysis for the CO NAAQS

    In November 6, 1991, Mecklenburg County was classified as ``not 
classified'' for the 1971 8-hour CO NAAQS of 9 ppm. See 56 FR 56694. 
Mecklenburg County was redesignated to attainment for the 8-hour CO 
NAAQS on August 2, 1995. See 60 FR 39258. On August 31, 2011, EPA 
retained the 8-hour standard and 1-hour standard. See 76 FR 54294. 
Gaston and Mecklenburg Counties remain in attainment for the 1971 and 
2011 1-hour and 8-hour CO NAAQS.
    North Carolina's MOVES2014 modeling projected an increase in total 
on-road mobile source CO emissions of approximately 2.78 tpd in 2015 
and 1.44 tpd in 2026 (0.71 percent and 0.60 percent of estimated total 
on-road mobile source emissions in those years, respectively) after 
changing the model inputs to reflect the proposed use of 9.0 psi RVP 
fuel in Gaston and Mecklenburg Counties. The 2012 and 2013 ambient 
monitoring data showed maximum 8-hour concentration of 1.2 ppm for the 
8-hour CO. Additionally, 2012 and 2013 ambient monitoring data showed 
maximum 1-hour CO concentrations of 2.3 and 1.7 ppm, respectively, well 
below the 35 ppm 1-hour CO NAAQS. Given the current unclassifiable/
attainment designation, ambient monitoring data, and the results of 
North Carolina's emissions analysis, EPA has preliminarily determined 
that a change to 9.0 psi RVP fuel for Gaston and Mecklenburg Counties 
would not interfere with maintenance of the 1971 1-hour and 8-hour CO 
NAAQS in the Charlotte Area.

f. Noninterference Analysis for the SO2 NAAQS

    On June 22, 2010, EPA revised the 1-hour SO2 NAAQS to 75 
parts per billion (ppb) which became effective on August 23, 2010. See 
75 FR 35520. On August 5, 2013, EPA designated nonattainment only in 
areas with violating 2009-2011 monitoring data. EPA did not designate 
any county in North Carolina for the 2010 1-hour SO2 NAAQS 
as part of the initial designation. See 78 FR 47191. On March 2, 2015, 
a Consent Decree was issued by the United States District Court for the 
Northern District of California stipulating the time and method for 
designating the remaining areas in the Country.\15\
---------------------------------------------------------------------------

    \15\ Copy of the Consent Decree- http://www.epa.gov/so2designations/pdfs/201503FinalCourtOrder.pdf.
---------------------------------------------------------------------------

    North Carolina's MOVES2014 modeling did not predict any change in 
SO2 emissions due to RVP relaxation. The Charlotte Area had 
a design value of 10 ppb, about 13 percent of the SO2 NAAQS. 
Additionally, 3 percent of total SO2 is derived from on-
road, nonroad and area sources combined and the remaining 97 percent 
from point sources.\16\ For these reasons, EPA has preliminarily 
determined that a change to 9.0 psi RVP fuel for Gaston and Mecklenburg 
Counties would not interfere with maintenance of the 2012 
SO2 NAAQS in the Charlotte Area.
---------------------------------------------------------------------------

    \16\ ``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 the EPA on December 18, 2009, 
Figure 4-2, p. 4-4).
---------------------------------------------------------------------------

VI. Proposed Action

    EPA is proposing to approve the State of North Carolina's 
noninterference demonstration, submitted on April 16, 2015, in support 
of the State's request that EPA change the Federal RVP requirements for 
Gaston and Mecklenburg Counties from 7.8 psi to 9.0 psi. Specifically, 
EPA is proposing to find that this change in the RVP requirements for 
Gaston and Mecklenburg Counties will not interfere with attainment or 
maintenance of any NAAQS or with any other applicable requirement of 
the CAA. North Carolina's April 16, 2015, SIP revision also updates its 
maintenance plan and the associated MVEBs related to the State's 
redesignation request for the North Carolina portion of the 2008 
Charlotte 8-hour Ozone Area to reflect emissions changes for the 
requested change to the Federal RVP requirements. EPA is proposing to 
approve those changes to update the maintenance plan and the MVEBs. As 
previously mentioned, final action on North Carolina's noninterference 
demonstration is contingent upon EPA approving the State's 
redesignation request and maintenance plan for the North Carolina 
portion of Charlotte 2008 8-hour Ozone Area.
    EPA has preliminarily determined that North Carolina's April 16, 
2015, RVP-related SIP revision is consistent with the applicable 
provisions of the

[[Page 29237]]

CAA. EPA is not proposing action today to remove the Federal 7.8 psi 
RVP requirement for Gaston and Mecklenburg Counties. Any such proposal 
would occur in a separate and subsequent rulemaking.

VII. 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 proposes to approve state law as meeting Federal 
requirements and does not propose to 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000) nor 
will it impose substantial direct costs on tribal governments or 
preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 12, 2015.
Heather McTeer Toney
Regional Administrator, Region 4.
[FR Doc. 2015-12348 Filed 5-20-15; 8:45 am]
 BILLING CODE 6560-50-P