[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Proposed Rules]
[Pages 49193-49196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20245]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2015-0208; FRL-9931-95-OAR]
RIN 2060-AS64


Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility 
Standard for Mecklenburg and Gaston Counties, North Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request from the state of North Carolina for the EPA to relax 
the Reid Vapor Pressure (RVP) standard applicable to gasoline 
introduced into commerce from June 1 to September 15 of each year for 
Mecklenburg and Gaston counties, North Carolina. Specifically, the EPA 
is proposing to amend the regulations to allow the RVP standard for 
Mecklenburg and Gaston counties to rise from 7.8 pounds per square inch 
(psi) to 9.0 psi for gasoline. The EPA has preliminarily determined 
that this change to the federal RVP regulation is consistent with the 
applicable provisions of the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 16, 
2015 unless a public hearing is requested by September 1, 2015. If the 
EPA receives such a request, we will publish information related to the 
timing and location of the hearing and a new deadline for public 
comment.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0208, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you

[[Page 49194]]

consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. If you need to 
include CBI as part of your comment, please visit http://www.epa.gov/dockets/comments.html for instructions. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make.
    The EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e. on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of Transportation 
and Air Quality, Environmental Protection Agency, 2000 Traverwood 
Drive, Ann Arbor, Michigan, 48105; telephone number: (734) 214-4476; 
fax number: (734) 214-4052; email address: [email protected].

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in 
the following outline:

I. General Information
II. Public Participation
III. Background and Proposal
IV. Direct Final Rule
V. Statutory and Executive Order Reviews
VI. Legal Authority

I. General Information

A. This Proposed Rule Is Published Parallel to a Direct Final Rule

    In the ``Rules and Regulations'' section of this Federal Register, 
the EPA is making this revision as a direct final rule without prior 
proposal because the EPA views this revision as noncontroversial and 
anticipates no adverse comment. The rationale for this rulemaking is 
described both in this proposal and in the direct final rule.
    The regulatory text for this proposed rule is included in the 
direct final rule, and parties should review that rule for the 
regulatory text. If the EPA receives no adverse comment, the EPA will 
not take further action on this proposed rule. If the EPA receives 
adverse comment on this rule or any portion of this rule, the EPA will 
withdraw the direct final rule or the portion of the rule that received 
adverse comment. All public comments received will then be addressed in 
a subsequent final rule based on this proposed rule. The EPA will not 
institute a second comment period on this rulemaking. Any parties 
interested in commenting must do so at this time.

B. Does this action apply to me?

    Entities potentially affected by this proposed rule are fuel 
producers and distributors who do business in North Carolina.

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                                                               NAICS \1\
         Examples of potentially  regulated entities             codes
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Petroleum refineries.........................................     324110
Gasoline Marketers and Distributors..........................     424710
                                                                  424720
Gasoline Retail Stations.....................................     447110
Gasoline Transporters........................................     484220
                                                                  484230
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\1\ North American Industry Classification System.

    The above table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this action. The table lists the types of entities of which the EPA 
is aware that potentially could be affected by this proposed rule. 
Other types of entities not listed on the table could also be affected. 
To determine whether your organization could be affected by this 
proposed rule, you should carefully examine the regulations in 40 CFR 
80.27. If you have questions regarding the applicability of this action 
to a particular entity, call the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this preamble.

C. What is the agency's authority for taking this action?

    The statutory authority for this action is granted to the EPA by 
Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 
7545(h) and 7601(a).

II. Public Participation

    The EPA will not hold a public hearing on this matter unless a 
request is received by the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble by September 1, 2015. If 
the EPA receives such a request, we will publish information related to 
the timing and location of the hearing and a new deadline for public 
comment.

III. Background and Proposal

A. Summary of the Proposal

    The EPA is proposing to approve a request from the state of North 
Carolina to change the summertime RVP standard for Mecklenburg and 
Gaston counties, North Carolina from 7.8 psi to 9.0 psi by amending the 
EPA's regulations at 40 CFR 80.27(a)(2). In a previous rulemaking, the 
EPA approved a redesignation request and maintenance plan for the 
Charlotte-Gastonia-Salisbury, North Carolina 2008 ozone area (``the 
Charlotte area'') and a CAA section 110(l) non-interference 
demonstration that relaxing the federal RVP requirement from 7.8 psi to 
9.0 psi for gasoline sold from June 1 to September 15 of each year in 
Mecklenburg and Gaston counties would not interfere with maintenance of 
any NAAQS in the Charlotte area, including the 2008 ozone NAAQS, or 
with any other applicable CAA requirement. Mecklenburg and Gaston 
counties are part of the Charlotte area. For more information on North 
Carolina's redesignation request and maintenance plan for the Charlotte 
area, please refer to Docket ID. No. EPA-R04-OAR-2015-0275 for the 
rulemaking that was signed on July 17, 2015.
    The preamble for this rulemaking is organized as follows: Section 
III.B. provides the history of the federal gasoline volatility 
regulation. Section III.C. describes the policy regarding relaxation of 
gasoline volatility standards in ozone nonattainment areas that are 
redesignated as attainment areas. Section III.D. provides information 
specific to North Carolina's request for Mecklenburg and Gaston 
counties. Finally, Section IV. briefly discusses the associated direct 
final rule.

B. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), the EPA determined that gasoline 
nationwide was becoming 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 
and 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 CAA section 
211(c), the EPA promulgated regulations on March 22, 1989 (54 FR 11868) 
that set maximum limits for the RVP of gasoline sold during the 
regulatory control periods that were established on a state-by-state

[[Page 49195]]

basis in the final rule. The regulatory control periods addressed the 
portion of the year when peak ozone concentrations were expected. These 
regulations constituted Phase I of a two-phase nationwide program, 
which was designed to reduce the volatility of gasoline during the high 
ozone season. On June 11, 1990 (55 FR 23658), the 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.)
    The 1990 CAA Amendments established a new section 211(h) to address 
fuel volatility. CAA section 211(h) requires the 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. CAA section 211(h) also prohibits the EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that the EPA may impose a lower (more stringent) standard in any 
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), the EPA modified the Phase II 
volatility regulations to be consistent with CAA section 211(h). The 
modified regulations prohibited the sale of gasoline with an RVP above 
9.0 psi in all areas designated attainment for ozone, effective January 
13, 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658), which included the 7.8 psi ozone season limitation for 
certain areas. As stated in the preamble to the Phase II volatility 
controls and reiterated in the proposed change to the volatility 
standards published in 1991, the EPA will rely on states to initiate 
changes to their respective volatility programs. The EPA's policy for 
approving such changes is described below in Section III.C.
    The state of North Carolina has initiated this change by requesting 
that the EPA relax the 7.8 psi gasoline RVP standard to 9.0 psi for 
Mecklenburg and Gaston counties, which are subject to the 7.8 gasoline 
RVP requirement during the summertime ozone season. Accordingly, the 
state of North Carolina provided a technical demonstration showing that 
relaxing the federal gasoline RVP requirements in the two counties from 
7.8 psi to 9.0 psi would not interfere with maintenance of any NAAQS in 
the Charlotte area, including the 2008 ozone NAAQS, or with any other 
applicable CAA requirement.

C. The EPA's Policy Regarding Relaxation of Gasoline Volatility 
Standards in Ozone Nonattainment Areas That Are Redesignated to 
Attainment Areas

    As stated in the preamble for the EPA's amended Phase II volatility 
standards (56 FR 64706), any change in the gasoline volatility standard 
for a nonattainment area that was subsequently redesignated as an 
attainment area must be accomplished through a separate rulemaking that 
revises the applicable standard for that area. Thus, for former 1-hour 
ozone nonattainment areas where the EPA mandated a Phase II volatility 
standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the 
federal 7.8 psi gasoline RVP requirement remains in effect, even after 
such an area is redesignated to attainment, until a separate rulemaking 
is completed that relaxes the federal gasoline RVP standard in that 
area from 7.8 psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, the EPA believes 
that relaxation of an applicable gasoline RVP standard is best 
accomplished in conjunction with the redesignation process. In order 
for an ozone nonattainment area to be redesignated as an attainment 
area, CAA section 107(d)(3) requires the state to make a showing, 
pursuant to CAA section 175A, that the area is capable of maintaining 
attainment for the ozone NAAQS for ten years. 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, the EPA will not relax the gasoline volatility 
standard unless the state requests a relaxation and the maintenance 
plan demonstrates to the satisfaction of the EPA that the area will 
maintain attainment for ten years without the need for the more 
stringent volatility standard.
    North Carolina is requesting relaxation of the federal gasoline RVP 
standard from 7.8 psi to 9.0 psi for Mecklenburg and Gaston counties 
concurrent with its request that the EPA approve a redesignation 
request and maintenance plan for the Charlotte area for the 2008 ozone 
NAAQS.

D. North Carolina's Request To Relax the Federal Gasoline RVP 
Requirement for Mecklenburg and Gaston Counties

    On March 11, 2015, the state of North Carolina, through the North 
Carolina Department of Environment and Natural Resources (NCDENR), 
submitted a redesignation request and maintenance plan for the 
Charlotte area, which was classified as Marginal for the 2008 ozone 
NAAQS. Mecklenburg and Gaston counties are part of the Charlotte area. 
Additionally, the state submitted a CAA section 110(l) non-interference 
demonstration that removal of the federal RVP requirement of 7.8 psi 
for gasoline during the summertime ozone season in Mecklenburg and 
Gaston counties would not interfere with maintenance of any NAAQS, or 
with any other applicable CAA requirement. Specifically, the state 
provided a technical demonstration showing that relaxing the federal 
gasoline RVP requirement in the two counties from 7.8 psi to 9.0 psi 
would not interfere with maintenance of any NAAQS in the Charlotte 
area, of which the two counties are part, including the 2008 ozone 
NAAQS, or with any other applicable CAA requirement.
    In a rulemaking that was signed on July 17, 2015, the EPA evaluated 
and approved North Carolina's March 11, 2015 redesignation request and 
maintenance plan for the Charlotte area. See Docket ID. No. EPA-R04-
OAR-2015-0275. In a separate rulemaking signed on July 17, 2015, the 
EPA approved North Carolina's non-interference demonstration for 
Mecklenburg and Gaston counties. See Docket ID. No. EPA-R04-OAR-2015-
0260.\1\
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    \1\ On March 11, 2015, the NCDENR requested that the EPA 
parallel process the approval of the submission.
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    Both rulemakings were subject to public notice-and-comment. The EPA 
received two comments on the redesignation request and maintenance plan 
rulemaking, and those comments were addressed in the final rule for 
that rulemaking. The comments received can be found in the docket for 
that rulemaking (Docket ID. No. EPA-R04-OAR-2015-0275). No comments 
were received on the non-interference demonstration for Mecklenburg and 
Gaston counties (Docket ID. No. EPA-R04-OAR-2015-0260).
    In this action, the EPA is taking the second and final step in the 
process by proposing to approve North Carolina's request to relax the 
summertime ozone season gasoline RVP standard for Mecklenburg and 
Gaston counties from 7.8 psi to 9.0 psi. Specifically, the EPA

[[Page 49196]]

is proposing to amend the applicable gasoline RVP standard to allow the 
gasoline RVP requirements to rise from 7.8 psi to 9.0 psi provided at 
40 CFR 80.27(a)(2) for the two counties. This proposal to approve North 
Carolina's request to relax the summertime ozone season gasoline RVP 
standard for Mecklenburg and Gaston counties from 7.8 psi to 9.0 psi is 
based on the previous approval of North Carolina's March 11, 2015 
redesignation request and maintenance plan and non-interference 
demonstration. It is also based on the fact that the Charlotte area is 
currently in attainment for the both the 1997 ozone NAAQS and the 2008 
ozone NAAQS.

IV. Direct Final Rule

    A direct final rule that would make the same changes as those 
proposed in this action appears in the Rules and Regulations section of 
this Federal Register. The EPA is taking direct final action on these 
revisions because the EPA views the revisions as noncontroversial and 
anticipates no adverse comment. The EPA has explained the reasons for 
the amendments in this proposal and in the direct final rule. If no 
adverse comments are received, no further action will be taken on the 
proposal, and the direct final rule will become effective as provided 
in that action.
    If the EPA receives adverse comments on the rule or any portion of 
the rule, the EPA will withdraw the direct final rule or the portion of 
the rule that received adverse comment. The EPA will publish a timely 
withdrawal in the Federal Register indicating which provisions are 
being withdrawn. All public comments received will then be addressed in 
a subsequent final rule based on this proposed rule. The EPA will not 
institute a second comment period on the subsequent final action. Any 
parties interested in commenting must do so at this time.
    The changes to the regulatory text proposed in this document are 
identical to those for the direct final rule published in the Rules and 
Regulations section of this Federal Register. For further information, 
including the regulatory revisions, see the direct final rule published 
in a separate part of this Federal Register.

V. Statutory and Executive Order Reviews

    For a complete discussion of all the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

VI. Legal Authority

    The statutory authority for this action is granted to the EPA by 
Sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 
7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Fuel additives, Gasoline, Motor vehicle and 
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting 
and recordkeeping requirements.

    Dated: August 5, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-20245 Filed 8-14-15; 8:45 am]
 BILLING CODE 6560-50-P