[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44868-44870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18343]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0260; FRL-9931-27-Region 4]


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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-Rock Hill 2008 8-hour ozone 
nonattainment area (Charlotte Area) to reflect the requested change in 
the Federal RVP requirements. EPA has determined that North Carolina's 
April 16, 2015, RVP-related SIP revision is consistent with the 
applicable provisions of the CAA.

DATES: This rule is effective July 28, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0260. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section (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. 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:

I. What is the background for this final action?

    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. On April 16, 2015, DAQ submitted a redesignation request and 
maintenance plan for the North Carolina portion of the Charlotte 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 proposed action on the 
aforementioned redesignation request and maintenance plan in a Federal 
Register document published on May 21, 2015. See 80 FR 29250. The final 
rule approving the State's redesignation request and maintenance plan 
was signed on July 17, 2015. The State, in conjunction with its request 
to redesignate the North Carolina portion of the Charlotte Area to 
attainment, is also requesting a change of the Federal RVP requirement 
from 7.8 psi to 9.0 psi.
    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 modeling assuming 9.0 psi for RVP for Gaston and 
Mecklenburg Counties and that updates the maintenance plan submission 
and associated MVEBs for the North Carolina portion of the Charlotte 
Area. In a notice of proposed rulemaking (NPR) published on May 21, 
2015, EPA proposed to approve the State's noninterference demonstration 
and the updates to its maintenance plan and the associated MVEBs 
related to the State's redesignation request for the North Carolina 
portion of the Charlotte Area, contingent upon EPA approval of North 
Carolina's redesignation request and maintenance plan for the North 
Carolina portion of the Charlotte Area. See 80 FR 29230. The details of 
North Carolina's submittal and the rationale for EPA's actions are 
explained in the NPR. EPA did not receive any comments on the proposed 
action.

II. Final Action

    EPA is taking final action 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

[[Page 44869]]

the Federal RVP requirements for Gaston and Mecklenburg Counties from 
7.8 psi to 9.0 psi. Specifically, EPA has determined that the 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 Charlotte Area to reflect emissions changes for the 
requested change to the Federal RVP requirements. EPA is approving 
those changes to update the maintenance plan and the MVEBs.
    EPA has determined that North Carolina's April 16, 2015, RVP-
related SIP revision is consistent with the applicable provisions of 
the CAA for the reasons provided in the NPR. EPA is not taking action 
today to remove the Federal 7.8 psi RVP requirement for Gaston and 
Mecklenburg Counties. Any such action would occur in a separate and 
subsequent rulemaking.
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for this action to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary because this 
action approves a noninterference demonstration that will serve as the 
basis of a subsequent action to relieve the Area from certain CAA 
requirements that would otherwise apply to it. The immediate effective 
date for this action is authorized under both 5 U.S.C. 553(d)(1), which 
provides that rulemaking actions may become effective less than 30 days 
after publication if the rule grants or recognizes an exemption or 
relieves a restriction, and section 553(d)(3), which allows an 
effective date less than 30 days after publication as otherwise 
provided by the agency for good cause found and published with the 
rule. The purpose of the 30-day waiting period prescribed in section 
553(d) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. This rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, this rule will serve as a basis for a subsequent action 
to relieve the Area from certain CAA requirements. For these reasons, 
EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become 
effective on the date of publication of this action.

III. 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 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 rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000) nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 28, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: July 17, 2015.
Heather McTeer Toney,
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. In Sec.  52.1770, the table in paragraph (e) is amended by adding a 
new entry ``Supplement Maintenance Plan for the Charlotte Area, NC 2008 
8-hour Ozone Maintenance Area and RVP Standard'' at the end of the 
table to read as follows:

[[Page 44870]]

Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                  State effective    EPA Approval     Federal Register
            Provision                   date             date             citation             Explanation
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                                                  * * * * * * *
Supplement Maintenance Plan for        4/16/2015        7/28/2015   [insert Federal      Provides the non-
 the Charlotte Area, NC 2008 8-                                      Register citation].  interference
 hour Ozone Maintenance Area and                                                          demonstration for
 RVP Standard.                                                                            revising the Federal
                                                                                          Low-Reid Vapor
                                                                                          Pressure requirement
                                                                                          for the Charlotte
                                                                                          Area, NC.
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[FR Doc. 2015-18343 Filed 7-27-15; 8:45 am]
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