[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Proposed Rules]
[Pages 2109-2115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01112]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0301; FRL-9988-99-Region 4]


Air Plan Approval; NC: Readoption of Air Quality Rules and 
Removal of Oxygenated Gasoline Rules

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve several State Implementation Plan (SIP) revisions submitted by 
the North Carolina Department of Environmental Quality, Division of Air 
Quality (DAQ), on March 21, 2018, readopting and amending several air 
quality rules, and requesting to remove the rules for the oxygenated 
gasoline program. One of these SIP revisions also contains a non-
interference demonstration, which

[[Page 2110]]

concludes that removing the oxygenated gasoline rules would not 
interfere with attainment or maintenance of the National Ambient Air 
Quality Standards (NAAQS). EPA has preliminarily determined that North 
Carolina's March 21, 2018, SIP revisions are consistent with the 
applicable provisions of the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before March 8, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0301 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
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. 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: Kelly Sheckler, 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. The telephone number is (404) 562-9222. Ms. Sheckler can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Overview

    EPA is proposing to approve several SIP revisions submitted by 
North Carolina on March 21, 2018, seeking to readopt and amend various 
air quality rules, and to remove the rules for the oxygenated gasoline 
program from North Carolina's SIP. To support the request to remove the 
rules for the oxygenated gasoline program from the SIP, North 
Carolina's March 21, 2018, SIP revision contains technical support 
materials to demonstrate that the removal of the rules will not 
interfere with attainment or maintenance of any NAAQS or with any other 
applicable requirement of the CAA. Specifically, these SIP revisions 
address State regulations amended or readopted in 15A North Carolina 
Administrative Code (NCAC) 02D Sections .0100, Definitions and 
References, .0200, Air Pollution Sources, .0300, Air Pollution 
Emergencies, and .0400, Ambient Air Quality Standards, and the removal 
of rules in 15A NCAC 02D Section .1300, Oxygenated Gasoline Standard 
(hereinafter referred to as the oxygenated gasoline program).\1\ The 
March 21, 2018, SIP revision also includes changes to the 
Transportation Conformity Rules in 15A NCAC 02D Section .2000, however, 
in this action, EPA will not be addressing those amendments.
---------------------------------------------------------------------------

    \1\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred 
to as ``Subchapter 2D Air Pollution Control Requirements.''
---------------------------------------------------------------------------

    EPA's analysis of North Carolina's March 21, 2018, SIP revisions 
that are the subject of this proposed rule is organized into three 
parts under Section II. Part A provides the background, analysis, and 
the non-interference demonstration for the removal of North Carolina's 
oxygenated gasoline program; Part B contains information regarding 
rules submitted for readoption only; and Part C contains information 
regarding rules submitted for amendment.

II. Analysis of North Carolina's March 21, 2018, SIP Revisions

A. Removal of the Oxygenated Gasoline Program

1. Background
    Under section 211(m) of the CAA, states with areas designated 
nonattainment for carbon monoxide (CO) with certain design values were 
required to submit revisions to their SIPs and implement oxygenated 
gasoline programs by no later than November 15, 1992.\2\ For North 
Carolina, the Raleigh-Durham and Winston-Salem areas were designated as 
nonattainment for the 8-hour CO standard with design values triggering 
the requirements of CAA section 211(m) for oxygenated gasoline. See 56 
FR 56694 (November 6, 1991); 57 FR 56762 (November 30, 1992).\3\ As a 
result, the State submitted, and EPA approved, an oxygenated gasoline 
program for the areas of Raleigh-Durham and Winston-Salem. North 
Carolina included the Charlotte CO nonattainment area in the program's 
coverage in its SIP, although it was not required to implement such a 
program for that area. See 59 FR 33683 (June 30, 1994).
---------------------------------------------------------------------------

    \2\ Oxygenates are fuel additives that contain oxygen, usually 
in the form of alcohol or ether. Oxygenates can enhance fuel 
combustion and thereby reduce exhaust emissions. Some oxygenates 
also boost gasoline octane. Because CO emissions from gasoline-
fueled vehicles tend to increase in cold weather, the control period 
for oxygenated gasoline programs is during the winter months.
    \3\ Under CAA section 211(m), the triggering CO design value is 
9.5 parts per million (ppm) or above. Raleigh-Durham had a design 
value of 10.9 ppm, and Winston-Salem had a design value of 9.7 ppm 
(based on 1988 and 1989 data). The Charlotte area was a pre-1990 
nonattainment area and was designated by operation of law, but the 
area had a design value of 8.4 ppm (based on 1988 and 1989 data), 
which is below the 9.5 ppm. See 56 FR 56694 (November 6, 1991) and 
57 FR 56762 (November 30, 1992).
---------------------------------------------------------------------------

    The CAA established an attainment date of December 31, 1995, for 
all CO areas triggering the CAA section 211(m) requirements such as the 
Raleigh-Durham and Winston-Salem areas, and areas below that trigger, 
such as Charlotte, had to attain by November 15, 1995. Section 
107(d)(3)(E) of the CAA sets out the requirements that an area must 
meet in order to be redesignated from nonattainment to attainment, 
including that the area must have a fully-approved maintenance plan 
pursuant to section 175A of the CAA. A maintenance plan, as defined in 
section 175A(a) of the CAA, is a revision to the SIP to provide for the 
maintenance of the NAAQS for the air pollutant in question in the area 
concerned for at least 10 years after the redesignation. CAA section 
175A(d) requires that such plans include contingency provisions, as 
necessary, to promptly correct any violation of the NAAQS that occurs 
after redesignation of an area; this includes implementation of 
controls measures that were contained in the SIP prior to 
redesignation. In 1994, EPA approved North Carolina's request to 
redesignate the Winston-Salem area to attainment for the CO NAAQS and 
approved the initial 10-year maintenance plan for the area. See 59 FR 
48399 (September 21, 1994). In 1995, EPA approved the redesignation of 
the Charlotte and Raleigh-Durham areas to attainment for the CO NAAQS 
and approved the initial 10-year maintenance plans for those areas as 
well. See 60 FR 39258 (August 2, 1995). The initial 10-year maintenance 
plans included the continued use of the oxygenated gasoline program for 
the Raleigh-Durham area. For the Charlotte and Winston-Salem areas, the 
initial 10-year maintenance plans included the oxygenated gasoline 
program as a contingency measure.
    Subsequently, on October 19, 1995, North Carolina submitted a 
proposed SIP revision requesting that the

[[Page 2111]]

oxygenated gasoline program for the Raleigh-Durham CO maintenance area 
be moved from the maintenance plan to the contingency measures portion 
of the maintenance plan. The request was based on a revised vehicle 
miles traveled analysis which demonstrated that the CO NAAQS could be 
maintained without the continued use of the oxygenated gasoline 
program. See 60 FR 56127 (November 7, 1995).\4\
---------------------------------------------------------------------------

    \4\ EPA analyzed this request and proposed to approve the 
revision in 1995. See 60 FR 56127, November 7, 1995. EPA received no 
comments on its proposed action. On June 20, 2007, EPA clarified 
that it ultimately finalized its approval in 2006. See 72 FR 33692.
---------------------------------------------------------------------------

    Eight years after redesignation of an area to attainment, CAA 
section 175A(b) requires the state to submit an update to the original 
maintenance plan to provide for the maintenance of the NAAQS for 
another 10 years after the initial 10-year period has expired (this is 
known as the second 10-year maintenance plan). North Carolina's second 
10-year maintenance plan for the Charlotte, Raleigh-Durham and Winston-
Salem areas was approved by EPA on March 24, 2006 (71 FR 14817). The 
plan included the oxygenated gasoline program as a contingency measure 
for all three areas.\5\ In 2015, the 20-year maintenance plan periods 
(covering the initial 10-year maintenance period and the second 10-year 
maintenance period) expired for all three areas. Specifically, the end 
date for the 20-year maintenance plan period for the Charlotte and 
Raleigh-Durham (Wake and Durham counties) areas was September 18, 2015, 
and the end date for the 20-year maintenance plan period for the 
Winston-Salem area (Forsyth county) was May 23, 2015.\6\
---------------------------------------------------------------------------

    \5\ On June 20, 2013, (78 FR 37118), EPA approved North 
Carolina's request to convert the second 10-year maintenance plans 
to limited maintenance plans. A limited maintenance plan generally 
includes all the elements for a full section 175A maintenance plan 
except that a limited maintenance plan is not required to include 
motor vehicle emissions budgets for transportation conformity 
purposes. See the October 6, 1995, Memorandum from Joseph W. Praise 
to the Air Branch Chiefs, Regions I-X, entitled ``Limited 
Maintenance Plan Option for Nonclassifiable CO Nonattainment 
Areas.''
    \6\ While these areas have all reached the end of their 20-year 
maintenance period, the second 10-year maintenance plan does not 
cease to be effective. Rather, the terms of the maintenance plan 
(including all measures and requirements) remain in effect until the 
State submits, and EPA approves, a revision to the plan consistent 
with the anti-backsliding requirements of CAA section 110(l) and CAA 
section 193, if applicable. North Carolina's March 21, 2018, SIP 
revision is such a request and the analysis of that request for 
consistency with the CAA's anti-backsliding requirements follows in 
Section II.A.2 below.
---------------------------------------------------------------------------

2. What are the CAA requirements for the removal of the oxygenated 
gasoline program in North Carolina?
    One of North Carolina's March 21, 2018, SIP revisions seeks to 
remove the State's oxygenated gasoline program from the North Carolina 
SIP. As noted above, that program is included as a contingency measure 
in the State's second 10-year maintenance plan for the Charlotte, 
Raleigh-Durham, and Winston-Salem CO maintenance areas pursuant to the 
requirements of CAA section 175A(d). However, the requirement in 
section 175(A)(d) for contingency measures to include all control 
measures contained in the SIP prior to redesignation does not preclude 
the removal of contingency measures from the maintenance plan once the 
second 10-year maintenance plan period has expired. Here, the 
Charlotte, Raleigh-Durham, and Winston-Salem areas' second 10-year 
maintenance plan periods expired in 2015, as described above. Thus, 
section 175A(d) does not preclude the removal from the SIP of the 
oxygenated gasoline program for these areas. North Carolina's March 21, 
2018, SIP revision seeking such a removal must, however, still comply 
with the requirements of CAA sections 110(l) and 193, where 
applicable.\7\
---------------------------------------------------------------------------

    \7\ CAA section 193 is not applicable to the instant SIP 
revision because the oxygenated gasoline program was not a control 
measure required to be adopted into the SIP by North Carolina for 
these areas prior to November 15, 1990.
---------------------------------------------------------------------------

    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 March 21, 2018, SIP revision is 
whether the non-interference demonstration associated with the removal 
of the oxygenated gasoline program for the Charlotte, Raleigh-Durham, 
and Winston-Salem areas satisfies section 110(l).
    EPA evaluates each section 110(l) non-interference 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 EPA 
has not yet made designations. The degree of analysis focused on any 
NAAQS in a non-interference demonstration varies depending on the 
nature of the emissions associated with the proposed SIP revision. With 
regards to the removal of the oxygenated gasoline program in North 
Carolina, the most relevant pollutant to consider is CO. EPA's analysis 
of North Carolina's March 21, 2018, SIP revision pursuant to section 
110(l) is provided below.
3. What is EPA's analysis of North Carolina's non-interference 
demonstration?
a. Overall Preliminary Conclusions
    On March 21, 2018, DAQ submitted a revision to North Carolina's 
SIP-approved oxygenated gasoline program, along with a non-interference 
demonstration to support the State's request to remove the program from 
the North Carolina SIP. This demonstration includes an evaluation of 
the impact that the removal of the oxygenated gasoline program for 
Charlotte (Mecklenburg county), Raleigh-Durham (Wake and Durham 
counties) and Winston-Salem (Forsyth county) would have on North 
Carolina's ability to attain or maintain the NAAQS in the State. The 
demonstration and EPA's analysis of the potential impact of the removal 
of the program is below.
i. Non-interference Analysis for the CO NAAQS
    EPA promulgated the CO NAAQS in 1971 and has retained the standards 
since its last review of the standard in 2011. The primary NAAQS for CO 
includes: (1) an 8-hour standard of 9.0 ppm, measured using the annual 
second highest 8-hour concentration for two consecutive years as the 
design value; and (2) a 1-hour average of 35 ppm, using the second 
highest 1-hour average within a given year. The counties subject to 
this proposed action have monitored data below the CO NAAQS for over 20 
years.
    Table 1 shows air quality data from monitoring sites in North 
Carolina, for the 8-hour CO NAAQS in the three areas for 2010 through 
2017. The design values are all well below the CO NAAQS (see Tables 1, 
2 and 3).

[[Page 2112]]



                   Table 1--8-Hour CO Air Quality Data for Monitoring Sites in Charlotte Area
----------------------------------------------------------------------------------------------------------------
                                                                    Annual 2nd
                                                                    highest  8-                     Percent of
                              Year                                     hour        Design value    the standard
                                                                   concentration       (ppm)         of 9 ppm
                                                                       (ppm)
----------------------------------------------------------------------------------------------------------------
2010............................................................             1.7
2011............................................................             1.5             1.7              19
2012............................................................             1.5             1.5              17
2013............................................................             1.6             1.6              18
2014............................................................             1.3             1.6              18
2015............................................................             1.2             1.3              14
2016............................................................             1.0             1.2              13
2017............................................................             1.3             1.3              14
----------------------------------------------------------------------------------------------------------------


                 Table 2--8-hour CO Air Quality Data for Monitoring Sites in Raleigh-Durham Area
----------------------------------------------------------------------------------------------------------------
                                                                    Annual 2nd
                                                                    highest  8-                     Percent of
                              Year                                     hour        Design value    the standard
                                                                   concentration       (ppm)         of 9 ppm
                                                                       (ppm)
----------------------------------------------------------------------------------------------------------------
2010............................................................             1.3
2011............................................................             1.4             1.4              16
2012............................................................             1.3             1.4              16
2013............................................................             1.2             1.3              14
2014............................................................             1.2             1.2              13
2015............................................................             1.2             1.2              13
2016............................................................             1.5             1.5              17
2017............................................................             1.2             1.2              13
----------------------------------------------------------------------------------------------------------------


                 Table 3--8-hour CO Air Quality Data for Monitoring Sites in Winston-Salem Area
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percent of
                     Year                          Annual 2nd  highest  8-hour     Design value    the standard
                                                      concentration  (ppm)             (ppm)         of 9 ppm
----------------------------------------------------------------------------------------------------------------
2010..........................................  1.9.............................
2011..........................................  2.1.............................             2.1              23
2012..........................................  1.2.............................             2.1              23
2013..........................................  1.7.............................             1.7              19
2014..........................................  1.5.............................             1.7              19
2015..........................................  1.3.............................             1.5              17
2016..........................................  Monitor shut down in 2015.......
----------------------------------------------------------------------------------------------------------------

    For the 1-hour CO standard of 35 ppm, all three areas have recent 
design values that range from 4 percent to 6.6 percent of the standard. 
For the Charlotte area, ambient monitoring data for 2016 and 2017 show 
design values of 1.4 and 1.5 ppm, respectively. For the Raleigh-Durham 
area, ambient monitoring data for 2016 and 2017 show design values of 
2.3 and 1.6 ppm, respectively. For the Winston-Salem area, the design 
value was 1.9 ppm for 2015. The monitor was approved to be and was shut 
down after 2015 monitoring season.
    It is important to also note, that emissions from vehicles have 
dramatically been reduced through federal legislative and regulatory 
actions. At the time when areas were experiencing violations of the CO 
NAAQS in the 1970-1990, typical new cars were emitting nearly 13 grams 
per mile hydrocarbons (HC), 3.6 grams per mile nitrogen oxides 
(NOX), and 87 grams per mile CO. Since then, EPA has set 
standards to bring down levels of these pollutants, and the auto 
industry has responded by developing new emission control technologies. 
As a result, new passenger vehicles are 98-99 percent cleaner for most 
tailpipe pollutants compared to the 1960s, fuels are much cleaner--lead 
has been eliminated, and sulfur levels are more than 90 percent lower 
than they were prior to regulation. U.S. cities have much improved air 
quality, despite ever increasing population and increasing vehicle 
miles traveled, standards have sparked technology innovation from 
industry. Today, no areas in the United States are violating the CO 
NAAQS primarily due to the cleaner vehicle fleet.
    As stated above, North Carolina's oxygenated gasoline program, 
which was designed to control CO from vehicles, was moved into the 
contingency portion of the Charlotte, Raleigh-Durham and the Winston-
Salem areas' maintenance plans, to be used only if needed. The State 
has never needed to trigger implementing the oxygenated gasoline 
program. Monitoring from 2008-2011 show that all three areas continue 
to be well below (85 percent) the 8-hour CO NAAQS. For these reasons, 
EPA proposes to agree with North Carolina's technical demonstration 
that removal of the oxygenated gasoline program from the State's 
implementation plan would not

[[Page 2113]]

interfere with maintenance of the CO NAAQS in the State or with any 
other applicable requirement of the CAA.\8\
---------------------------------------------------------------------------

    \8\ CAA section 211(m) is an applicable requirement of the CAA 
for certain CO nonattainment areas and areas that have been 
redesignated to attainment (to the extent necessary for maintenance 
of the standard). However, following the expiration of the 20-year 
maintenance period (that is, at the end of the second 10-year 
maintenance plan period), the area is in attainment for CO and 
pursuant to CAA section 211(m)(6), an oxygenated gasoline program is 
no longer required by the Act.
---------------------------------------------------------------------------

ii. Non-interference Analysis for the Fine Particulate Matter 
(PM2.5) NAAQS
    Over the course of several years, EPA has reviewed and revised the 
PM2.5 NAAQS several 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\, 
and 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). 
On November 13, 2009 (74 FR 58699), and on January 15, 2015 (80 FR 
2206), EPA published notices determining that the entire state of North 
Carolina was unclassifiable/attainment for the 2006 daily 
PM2.5 NAAQS and the 2012 Annual PM2.5 NAAQS, 
respectively.
    In North Carolina's March 21, 2018, SIP revision, the State 
concluded that the removal of the oxygenated gasoline program would not 
interfere with attainment or maintenance of the PM2.5 NAAQS. 
The oxygenated gasoline program is not designed to reduce emissions for 
PM2.5; therefore, removing it from the North Carolina SIP 
will not have any impact on ambient concentrations of PM2.5. 
EPA has evaluated the State's analysis and proposes to agree with North 
Carolina's technical demonstration that removal of the oxygenated 
gasoline program from the State's implementation plan would not 
interfere with maintenance of the PM2.5 NAAQS in the State.
iii. Non-Interference Analysis for the 2010 Nitrogen Dioxide 
(NO2) NAAQS
    The 2010 NO2 NAAQS is set at 100 parts per billion 
(ppb), based on the 3-year average of the 98th percentile of the yearly 
distribution of 1-hour daily maximum concentrations. The annual 
standard of 53 ppb is based on the annual mean concentration. On 
February 17, 2012 (77 FR 9532), EPA designated all counties in North 
Carolina as unclassifiable/attainment for the 2010 NO2 
NAAQS.
    Based on the technical analysis in North Carolina's March 21, 2018, 
SIP revision, all NO2 monitors in the State are measuring 
below the annual NO2 standard, and all near road monitors 
are measuring well below the 1-hour NO2 standard. The 
oxygenated gasoline program is not designed to reduce emissions for 
NO2; therefore, removing it from the North Carolina SIP will 
not have any impact on ambient concentrations of NO2. Given 
the current unclassifiable/attainment designation and the results of 
North Carolina's emissions analysis, EPA proposes to agree with North 
Carolina's technical demonstration that removal of the oxygenated 
gasoline program from the State's implementation plan would not 
interfere with maintenance of the 2010 NO2 NAAQS in the 
State.
iv. Non-Interference Analysis for the Ozone NAAQS
    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard 
of 0.08 ppm. This standard was more stringent than the 1-hour ozone 
standard that was promulgated in 1979. On March 12, 2008, EPA revised 
both the primary and secondary NAAQS for ozone to a level of 0.075 ppm 
to provide increased protection of public health and the environment. 
See 73 FR 16436 (March 27, 2008). The 2008 ozone NAAQS retains the same 
general form and averaging time as the 0.08 ppm NAAQS set in 1997, but 
is set at a more protective level. Under EPA's regulations at 40 CFR 
part 50, the 2008 8-hour ozone NAAQS is attained when the 3-year 
average of the annual fourth highest daily maximum 8-hour average 
ambient air quality ozone concentrations is less than or equal to 0.075 
ppm. See 40 CFR 50.15. On October 26, 2015 (80 FR 65292), EPA published 
a final rule lowering the level of the 8-hour ozone NAAQS to 0.070 ppm.
    North Carolina is currently designated attainment statewide for the 
all the ozone NAAQS. On November 6, 2017 (82 FR 54232), EPA designated 
the entire state of North Carolina attainment/unclassifiable for the 
2015 8-hour ozone NAAQS. Additionally, all the counties subject to this 
proposed rulemaking were designated ``unclassifiable/attainment'' for 
the 2008 8-hour ozone NAAQS on May 21, 2012. See 77 FR 30088.
    Given the current unclassifiable/attainment designation and the 
results of North Carolina's emissions analysis, EPA proposes to agree 
with North Carolina's technical demonstration that removal of the 
oxygenated gasoline program from the State's implementation plan would 
not interfere with maintenance of the ozone NAAQS in the State.
v. Non-Interference Analysis for the Sulfur Dioxide (SO2) 
NAAQS
    On June 22, 2010 (75 FR 35520), EPA revised the 1-hour 
SO2 NAAQS to 75 ppb which became effective on August 23, 
2010. On August 5, 2013 (78 FR 47191), EPA initially 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. On March 2, 
2015, a Consent Decree was entered by order of the United States 
District Court for the Northern District of California requiring EPA to 
complete designations for the remaining areas in the Country by three 
specific deadlines according to a court-ordered schedule.\9\ For North 
Carolina, EPA designated the entire state attainment/unclassifiable for 
SO2 on December 21, 2017 (effective April 9, 2018 https://www.gpo.gov/fdsys/pkg/FR-2018-01-09/pdf/2017-28423.pdf) except for the 
following townships/counties: Beaverdam Township (Haywood County); 
Limestone Township (Buncombe County); and Cunningham Township (Person 
County). Counties listed above deployed monitors which EPA is required 
to designate by December 31, 2020. Also, a portion of Brunswick County 
was designated unclassifiable effective in August 2016.
---------------------------------------------------------------------------

    \9\ Copy of the Consent Decree--http://www.epa.gov/so2designations/pdfs/201503FinalCourtOrder.pdf.
---------------------------------------------------------------------------

    Based on the technical analysis in North Carolina's March 21, 2018, 
SIP revision, the State concluded that removal of the oxygenated 
gasoline program would not interfere with attainment or maintenance of 
the SO2 NAAQS. The sulfur content in fuel has been 
significantly decreased through EPA's Tier 2 and Tier 3 rulemakings

[[Page 2114]]

which tightened engine standards and required that fuel formulations 
contain reduced levels of sulfur. See 65 FR 6698 (February 10, 2000) 
and 81 FR 23641 (April 22, 2016). Further, the oxygenated gasoline 
program is not designed to reduce emissions for SO2, 
therefore, removing it from the North Carolina SIP will not have any 
impact on ambient concentrations of SO2. For these reasons, 
EPA proposes to agree with North Carolina's technical demonstration 
that removal of the oxygenated gasoline program from the State's 
implementation plan would not interfere with maintenance of the 2010 
SO2 NAAQS in the State.
vi. Non-Interference Analysis for 2008 Lead NAAQS
    On November 12, 2008 (73 FR 66964), EPA promulgated a revised 
primary and secondary lead NAAQS of 0.15 [micro]g/m\3\. Under EPA's 
regulations at 40 CFR part 50, the 2008 lead NAAQS are met when the 
maximum arithmetic 3-month mean concentration for a 3-year period, as 
determined in accordance with Appendix R of 40 CFR part 50, is less 
than or equal to 0.15 [micro]g/m\3\. See 40 CFR 50.16. On November 8, 
2011 (76 FR 72907), EPA designated the entire State of North Carolina 
as unclassifiable/attainment for that NAAQS. North Carolina's ambient 
lead levels have remained well below the standard. The oxygenated 
gasoline program is not designed to reduce emissions for lead, 
therefore, removing it from the North Carolina SIP will not have any 
impact on ambient concentrations of lead. For these reasons, EPA 
proposes to agree with North Carolina's technical demonstration that 
removal of the oxygenated gasoline program from the State's 
implementation plan would not interfere with maintenance of the 2008 
lead NAAQS in the State.

B. Rules Submitted for Readoption Only

    On November 9, 2017, the North Carolina Environmental Management 
Commission amended and readopted various air quality rules in 15A NCAC 
02D.\10\ The rules that were submitted for readoption with no changes 
are contained in Section .0200, Air Pollution Sources as follows: \11\
---------------------------------------------------------------------------

    \10\ This was done pursuant to the requirements of North 
Carolina's General Statute (G.S. 150B-21.3A), adopted by the State 
in 2013.
    \11\ While these readopted rules contain no changes, the 
aforementioned review and readoption made pursuant to G.S. 150B-
21.3A, revises the state effective date of the rules to January 1, 
2018.

.0201, Classification of Air Pollution Sources
.0202, Registration of Air Pollution Sources

    Because these readopted rules contain no changes to the current 
SIP-approved version, EPA is proposing to approve the readopted rules 
into the North Carolina SIP.

C. Amended Rules

    As noted above, on November 9, 2017, the North Carolina 
Environmental Management Commission amended and readopted various air 
quality rules in 15A NCAC 02D. The rules that were amended are 
contained in Sections .0100, Definitions and References, .0200, Air 
Pollution Sources, .0300, Air Pollution Emergencies, and .0400, Ambient 
Air Quality Standards. More specifically, the following rules were 
amended and updated:

.0101, Definitions
.0103, Copies of Referenced Federal Regulations
.0104, Incorporation by Reference
.0105, Mailing List
.0302, Episode Criteria
.0303, Emission Reduction Plans
.0304, Preplanned Abatement Program
.0305, Emission Reduction Plan: Alert Level
.0306, Emission Reduction Plan: Warning Level
.0307, Emission Reduction Plan: Emergency Level
.0401, Purpose
.0402, Sulfur Oxides
.0404, Carbon Monoxide
.0407, Nitrogen Dioxide
.0408, Lead
.0409, PM10 Particulate Matter
.0410, PM2.5 Particulate Matter

    Section .0100, Definitions is amended to update the format of units 
and references and Sections .0103, .0104, and .0105 are amended to 
update agency name, addresses and to include web referenced documents 
and costs.
    Section .0300, Air Pollution Emergencies addresses the prevention 
of buildup of air contaminants during an air pollution episode to 
prevent a public health emergency. Section .0302 is amended to update 
the format of units, to update who proclaims air quality alerts and 
warnings and declarations of emergency at various pollutant levels 
requiring abatement actions from the Director to the Secretary's level 
with concurrence of the Governor, to remove obsolete pollutant levels 
triggering such proclamations or declarations and to renumber the 
subsections as a result of the aforementioned changes. The amendments 
to Sections .0303 and .0304 update the format of references for air 
pollution alerts, warnings and emergencies. Sections .0305, .0306, and 
.0307 are amended to eliminate redundant language in paragraph 4 for 
open burning requirements.
    Section .0400, Ambient Air Quality Standards contains the ambient 
air quality standards and associated monitoring methodologies for the 
State that reflect the NAAQS. Specifically, Sections .0401 and .0409, 
and .0410 are amended to update the format of references and acronym 
changes were made to .0402, .0404, .0407, and .0408.
    EPA views all of the above amendments as minor or ministerial and 
is proposing to approve these rules, as amended, into the North 
Carolina SIP.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the following air quality rules under Subchapter 2D Air 
Pollution Control Requirements, Sections .0101, Definitions,.0103, 
Copies of Referenced Federal Regulations, .0104, Incorporation by 
Reference, .0105, Mailing List, .0201, Classification of Air Pollution 
Sources, .0202, Registration of Air Pollution Sources, .0302, Episode 
Criteria, .0303, Emission Reduction Plans, .0304, Preplanned Abatement 
Program, .0305, Emission Reduction Plan: Alert Level, .0306, Emission 
Reduction Plan: Warning Level, .0307, Emission Reduction Plan: 
Emergency Level, .0401, Purpose, .0402, Sulfur Oxides, .0404, Carbon 
Monoxide, .0407, Nitrogen Dioxide, .0408, Lead, .0409, PM10 
Particulate Matter, and .0410, PM2.5 Particulate Matter, 
state effective January 1, 2018. EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and at the EPA Region 4 office (please contact the person identified in 
the For Further Information Contact section of this preamble for more 
information).

IV. Proposed Action

    For the reasons explained above, EPA is proposing to approve North 
Carolina's March 21, 2018, SIP revisions seeking to readopt and amend 
various air quality rules, and to remove the oxygenated gasoline 
program from North Carolina's SIP. With regard to the oxygenated 
gasoline program, EPA is proposing to agree with North Carolina's 
technical demonstration that removal of the program from the State's 
implementation plan will not interfere with continued attainment or 
maintenance of any applicable NAAQS or with any other applicable 
requirement of the CAA, and that the requirements of CAA section 110(l) 
have been satisfied. Specifically, EPA is

[[Page 2115]]

proposing to remove oxygenated gasoline rules under Subchapter 2D, 
Sections .1300, .1301, .1302, .1303, .1304 and .1305 in their entirety 
from the North Carolina SIP.
    EPA is also proposing to approve North Carolina's March 21, 2018, 
SIP revision for the readoption without changes of the rules identified 
in Supchapter 2D, Section .0200 and for the minor amendments to rules 
identified in Sections .0100, .0300, .0400.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 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. This action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, these proposed actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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).
    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.

List of Subjects in 40 CFR Part 52

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

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

    Dated: December 17, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-01112 Filed 2-5-19; 8:45 am]
 BILLING CODE 6560-50-P