[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47889-47893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19574]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0598; FRL-9999-55--Region 4]


Air Plan Approval; NC: Revision to I/M Program & Update to 
Charlotte Maintenance Plan for the 2008 8-Hour Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by the North Carolina Department of Environmental Quality, Division of 
Air Quality (DAQ), on July 25, 2018, which revises the model year 
coverage for vehicles in the 22 counties subject to North Carolina's 
expanded inspection and maintenance (I/M) program. The SIP revision 
also includes a demonstration that the requested revision to the 
vehicle model year coverage will not interfere with attainment or 
maintenance of any national ambient air quality standards (NAAQS) or 
with any other applicable requirements of the Clean Air Act (CAA or 
Act). In addition, North Carolina's July 25, 2018, SIP revision updates 
the State's maintenance plan and associated motor vehicle emissions 
budgets (MVEBs) used in transportation conformity for the North 
Carolina portion of the Charlotte-Rock Hill, NC-SC 2008 8-hour ozone 
nonattainment area (hereafter also referred to as the ``Area'' or the 
``Charlotte Area'') to reflect the change in vehicle model year 
coverage for the I/M program. EPA has determined that North Carolina's 
July 25, 2018, SIP revision will not interfere with and is consistent 
with the applicable provisions of the Clean Air Act (CAA or Act).

DATES: This rule will be effective October 11, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0598. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if 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

[[Page 47890]]

through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9992. Ms. Sheckler can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In response to a North Carolina legislative act signed by the 
Governor on May 4, 2017, which changed the State's I/M requirements for 
the 22 counties subject to the State's expanded I/M program,\1\ DAQ 
provided a SIP revision through a letter dated July 25, 2018,\2\ 
seeking to have several of these changes incorporated into the North 
Carolina SIP. Primarily, North Carolina's July 25, 2018, SIP revision 
makes substantive changes to the applicability section of North 
Carolina's SIP-approved expanded I/M program found within 15A North 
Carolina Administrative Code (NCAC) 02D .1000 Motor Vehicle Emission 
Control Standard.\3\ Specifically, the July 25, 2018, SIP revision 
modifies Section .1002 Applicability, by changing, for applicability 
purposes, the vehicle model year coverage for the 22 counties subject 
to the expanded I/M program from a specific year-based timeframe for 
coverage (i.e., beginning in 1996) to a rolling 20-year timeframe for 
coverage.\4\ More precisely, the revision being approved changes the 
applicability of the expanded I/M program to: (i) A vehicle with a 
model year within 20 years of the current year and older than the three 
most recent model years; or (ii) a vehicle with a model year within 20 
years of the current year and has 70,000 miles or more on its odometer. 
Previously, the program applied to: (i) A 1996 or later model year 
vehicle and older than the three most recent model years; or (ii) a 
1996 or later model year vehicle and has 70,000 miles or more on its 
odometer. It is estimated that this change will result in a small 
increase (less than one percent) in nitrogen oxides (NOx) and volatile 
organic compound (VOC) emissions. Additionally, the July 25, 2018, SIP 
revision makes formatting or other minor clarifying changes to several 
related SIP-approved I/M sections: .1001 Purpose, .1003 Definitions, 
and .1005 On-Board Diagnostic Standards.\5\
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    \1\ Under provisions of the State legislation, Session Law 2017-
10, Senate Bill 131, the changes to North Carolina's I/M 
requirements for the 22 counties is not effective until the later of 
the following dates: October 1, 2017, or the first day of a month 
that is 60 days after the Secretary of the Department of 
Environmental Quality certifies that EPA has approved the SIP 
revision. The 22 counties are: Alamance, Buncombe, Cabarrus, 
Cumberland, Davidson, Durham, Forsyth, Franklin, Gaston, Guilford, 
Iredell, Johnston, Lee, Lincoln, Mecklenburg, New Hanover, Onslow, 
Randolph, Rockingham, Rowan, Union and Wake. See clarification 
letter dated August 31, 2018, from North Carolina in the docket for 
the proposed rulemaking.
    \2\ EPA received North Carolina's SIP submittal on July 31, 
2018.
    \3\ 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.''
    \4\ By its terms, Section .1002(d) makes the 22 counties 
identified in North Carolina General Statute 143-215.107A subject to 
the I/M program's emission control standards. These same 22 counites 
are the counties currently subject to North Carolina's SIP-approved 
I/M program which was expanded from 9 counties to 48 counties in 
2002 (and is referred to as the ``expanded'' I/M program). See 83 FR 
48383 (September 25, 2018) (removing 26 of the 48 counties from 
North Carolina's SIP-approved expanded I/M program and leaving the 
22 counties identified in footnote 1 above as remaining). In 
addition, changes to Section .1002 also include language making the 
effective date of the change to the vehicle model year coverage 
correspond to the effective date set out in North Carolina Session 
Law 2017-10 referred to in footnote 1 above (i.e., on the first day 
of the month that is 60 days after EPA approves the change into the 
SIP).
    \5\ As noted in the notice of proposed rulemaking, North 
Carolina did not request EPA to act--and EPA is not acting--on 
sections .1006 and .1008.
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    In addition, North Carolina's SIP revision evaluates the impact 
that the change to the vehicle model year coverage for the 22 counties 
would have on the State's ability to attain and maintain the NAAQS. The 
SIP revision contains a technical demonstration with revised emissions 
calculations showing that the change to Section .1002 for vehicle model 
year coverage for the expanded I/M program in the 22 counties will not 
interfere with North Carolina's attainment or maintenance of any NAAQS 
or with any other applicable requirement of the CAA. Based on this 
demonstration, EPA is taking final action to find that North Carolina's 
revised emissions calculations demonstrate that the change to the 
expanded I/M program for the 22 counties meets the requirements of CAA 
section 110(l) and will not interfere with State's ability to attain or 
maintain any NAAQS. In addition, EPA is taking final action to find 
that North Carolina's July 25, 2018, SIP revision to change the vehicle 
model year coverage for the 22 counties subject to the expanded I/M 
program contained in its SIP (which results in a small increase in NOx 
emissions and consequentially a small decrease in the amount of 
emissions reduction credits generated and available for use in the 
State's NOX emissions budget) will not interfere with the 
State's obligations under the NOx SIP Call to meet its Statewide 
NOX emissions budget. With regard to the related expanded I/
M program provisions at Sections .1001, .1002, and .1003, EPA is taking 
final action to approve the changes to those Sections, which are 
formatting or clarifying in nature, do not alter the meaning of the 
Sections, and are thus approvable.
    Finally, for 7 of the 22 counties in North Carolina's expanded I/M 
program, I/M emissions from those counties have been relied on by North 
Carolina for maintenance of the ozone NAAQS for the Charlotte Area, and 
the MVEBs with respect to the Area for transportation conformity 
purposes. Through the July 25, 2018, SIP revision (the subject of this 
rulemaking), North Carolina provided a maintenance demonstration for 
the Area that takes into account the small increase in NOX 
and VOC emissions estimated to result from the change to the vehicle 
model year coverage for the expanded I/M program for these counties. 
EPA is taking final action to approve the updated emissions for the 
2008 8-hour ozone maintenance plan for the North Carolina portion of 
the Charlotte Area because it demonstrates that the projected emissions 
inventories for 2026 (the final year of the maintenance plan), 10 years 
beyond the re-designation year, as well as the interim years, are all 
less than the base year emissions inventory. Further, EPA is approving 
the updated sub-area MVEBs for the Charlotte Area because EPA has 
determined that the Area maintains the 2008 8-hour ozone NAAQS with the 
emissions at the levels of the budgets, and that the budgets meet the 
adequacy criteria (see 40 CFR 93.118(e)(4)) because they are consistent 
with maintenance of the 2008 8-hour ozone NAAQS through 2026.\6\
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    \6\ Once the sub-area MVEBs for the North Carolina portion of 
the Charlotte Area are approved or found adequate (whichever is 
completed first), they must be used for future conformity 
determinations.
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    In a notice of proposed rulemaking (NPRM) published on May 20, 2019 
(84 FR 22774), EPA proposed approval of the North Carolina July 25, 
2018, SIP revision to amend the I/M program for North Carolina, in 
addition to other associated changes as described above and in the 
NPRM. The details of North Carolina's submission and the rationale for 
EPA's actions are explained in the NPRM. EPA received one significant, 
adverse comment on the proposed

[[Page 47891]]

action during the comment period for this action and offers a response 
below.

II. Response to Comments

    Comment: The Commenter claims EPA must disapprove the changes to 
North Carolina I/M SIP because the Commenter explains that North 
Carolina failed to do performance standard modeling as the Commenter 
asserts is required by EPA's February 2014 guidance document titled 
``Performance Standard Modeling for New and Existing Vehicle Inspection 
and Maintenance (I/M) Programs Using the MOVES Mobile Source Emissions 
Model'' (hereafter referred to as the February 2014 Guidance Document), 
available in the docket for this action. In the Commenter's opinion EPA 
must require states to do performance standard modeling when states 
revise their I/M programs to ensure the programs meet EPA's baseline 
requirements contained in 40 CFR part 51.
    Response: The February 2014 Guidance Document provides 
clarification of 40 CFR part 51, subpart S, regarding how to quantify 
I/M emission reductions for planning purposes using the MOVES 
generation of mobile source emission factor models. The February 2014 
Guidance Document clarifies that maintenance areas do not need to 
include I/M performance standard modeling as part of an I/M SIP 
revision. Specifically, the February 2014 Guidance Document includes 
the following question and response: ``4.0 Can an I/M Program be 
Changed Without Doing Performance Standard Modeling? States can change 
their I/M programs without doing performance standard modeling if the 
I/M program area in question has been redesignated to attainment for 
the pollutant(s) that originally triggered the I/M requirement and the 
I/M program is being continued as part of the area's maintenance plan. 
In this case, the state must simply demonstrate that the revisions to 
the I/M program will not interfere with the area's ability to attain or 
maintain any NAAQS, or with any other applicable CAA requirement.'' As 
discussed in the May 20, 2019 (84 FR 22774) NPRM, North Carolina's I/M 
program for nine counties was required due to nonattainment areas for 
the 1979 1-hour ozone NAAQS,\7\ and North Carolina is currently in 
attainment statewide for all the ozone NAAQS.\8\ As further discussed 
in the NPRM, the program was expanded to additional counties related to 
the NOX SIP Call, however the State was not required to 
adopt the I/M requirements for the NOX SIP Call. Therefore, 
the option to change the I/M program without performance standard 
modeling under 40 CFR part 51, subpart S, was available to North 
Carolina if the State could demonstrate continued attainment. North 
Carolina provided a non-interference section 110(l) demonstration, as 
well as an update for modeling for the Charlotte Area maintenance plan 
including MVEBs that demonstrate the Area will continue to maintain the 
standard for the duration of the plan. In addition, EPA analyzed the 
effects on the NOX SIP call and found that the change will 
not interfere with the State's obligations under the NOX SIP 
Call. A detailed analysis of this modeling and demonstration of 
continued attainment is provided in the May 20, 2019 (84 FR 22774) 
NPRM.
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    \7\ See 60 FR 28720 (June 2, 1995).
    \8\ The Charlotte Area was redesignated to attainment for the 1-
hour ozone standard on July 5, 1995 (60 FR 34859); redesignated to 
attainment for the 1997 8-hour ozone standard on December 2, 2013 
(78 FR 72036); and was designated to attainment for the 2008 8-hour 
ozone standard on July 28, 2015 (80 FR 44873). In addition, on 
December 26, 2007, EPA approved the Redesignation to attainment of 
the Raleigh-Durham-Chapel Hill Area (comprised of a portion of 
Chatham County, and the entire counties of Durham, Franklin, 
Granville, Johnston, Orange, Person, and Wake) for the 1997 8-hour 
ozone standard. See 72 FR 72948. This approval included approval of 
a 10-year maintenance plan which demonstrated that the Area would 
maintain the standard through the year 2017. The Raleigh-Durham-
Chapel Hill Area has continued to maintain the 1997 8-hour ozone 
standard and subsequently was designated as unclassifiable/
attainment for the 2008 8-hour ozone standard on May 21, 2012 (77 FR 
30088. Further, counties in the Raleigh Area and Greensboro Area 
were redesignated to attainment for the 1-hour ozone standard on 
April 18, 1994 (59 FR 18300) and on September 9, 1993 (58 FR 47391), 
respectively. With regard to the 1997 8-hour ozone standard, the 
Great Smoky National Park Area was redesignated to attainment on 
December 7, 2009 (74 FR 63995), and the Rocky Mount Area was 
redesignated to attainment on November 6, 2006 (71 FR 64891). 
Recently, on November 6, 2017 (82 FR 54232), EPA designated the 
entire state of North Carolina attainment/unclassifiable for the 
2015 8-hour ozone NAAQS.
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III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference the 
following air quality rules in Subchapter 2D Air Pollution Control 
Requirements, Section .1001 Purpose, Section .1002 Applicability, 
Section .1003 Definitions, and Section .1005 On-Board Diagnostic 
Standards, effective July 1, 2018, which makes changes that are 
formatting or clarifying in nature and modify the vehicle model year 
coverage requirements for the 22 counties in North Carolina's expanded 
I/M program. EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and/or at the EPA 
Region 4 office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\9\
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    \9\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is taking final action to approve North Carolina's July 25, 
2018, SIP revision. Specifically, EPA is approving the formatting and 
clarifying changes to Subchapter 2D, Sections .1001, .1003 and .1005. 
EPA is also finalizing approval of changes to Section .1002 relating to 
the vehicle model year coverage for the 22 counties in North Carolina's 
expanded I/M program (Alamance, Buncombe, Cabarrus, Cumberland, 
Davidson, Durham, Forsyth, Franklin, Gaston, Guilford, Iredell, 
Johnston, Lee, Lincoln, Mecklenburg, New Hanover, Onslow, Randolph, 
Rockingham, Rowan, Union and Wake). Additionally, EPA finds that the 
changes to the vehicle model year coverage for the 22 counties in North 
Carolina's expanded I/M program will not interfere with the State's 
obligations under the NOx SIP Call to meet its Statewide NOx emissions 
budget and will not interfere with continued attainment or maintenance 
of any applicable NAAQS or with any other applicable requirement of the 
CAA, and that North Carolina has satisfied the requirements of section 
110(l) of the CAA. Finally, EPA is approving the updated emissions for 
the 2008 8-hour ozone maintenance plan, including the updated MVEBs, 
for the Charlotte Area.

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, if 
they meet the criteria of the CAA. These actions merely approve state 
law as meeting Federal requirements and do

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not impose additional requirements beyond those imposed by state law. 
For that reason, these 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 information collection burdens under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having significant economic impacts 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandates or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 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, these rules 
do not have tribal implications as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000), nor will they 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 these actions 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. These actions are not ``major rules'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of these actions must be filed in the United States Court of Appeals 
for the appropriate circuit by November 12, 2019. Filing a petition for 
reconsideration by the Administrator of these final rules does not 
affect the finality of these actions 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. These actions may not be challenged later in 
proceedings to enforce their requirements. See section 307(b)(2).

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 dioxide, Volatile organic compounds.

    Dated: August 28, 2019.
Mary S. Walker,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart II--North Carolina

0
2. Section 52.1770 is amended:
0
a. In paragraph (c), in Table (1), under ``Subchapter 2D Air Pollution 
Control'' by revising the heading for ``Section .1000'' and the entries 
for ``Section .1001'', ``Section 1002'', ``Section .1003'', and 
``Section .1005''; and
0
b. In paragraph (e), by adding an entry for ``2008 8-hour Ozone 
Maintenance Plan for the North Carolina portion of the bi-state 
Charlotte Area'' at the end of the table.
    The revisions read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

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                                                       (1) EPA Approved North Carolina Regulations
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           State citation                 Title/subject             State effective date           EPA approval date               Explanation
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                                                    Subchapter 2D Air Pollution Control Requirements
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                                                                      * * * * * * *
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                                                  Section .1000 Motor Vehicle Emission Control Standard
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Section .1001......................  Purpose...............  7/1/2018                           9/11/2019, [Insert      ................................
                                                                                                 citation of
                                                                                                 publication].
Section .1002......................  Applicability.........  7/1/2018                           9/11/2019, [Insert      ................................
                                                                                                 citation of
                                                                                                 publication].
Section .1003......................  Definitions...........  7/1/2018                           9/11/2019, [Insert      ................................
                                                                                                 citation of
                                                                                                 publication].
Section .1005......................  On-Board Diagnostic     7/1/2018                           9/11/2019, [Insert      ................................
                                      Standards.                                                 citation of
                                                                                                 publication].
 
                                                                      * * * * * * *
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* * * * *
    (e) * * *

                                                  EPA-Approved North Carolina Non-Regulatory Provisions
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                                                                                                       Federal Register
            Provision                    State effective date              EPA approval date               citation                 Explanation
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                                                                      * * * * * * *
2008 8-hour ozone Maintenance      7/25/2018                        9/11/2019                        [Insert citation of
 Plan for the North Carolina                                                                          publication].
 portion of the bi-state
 Charlotte Area.
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[FR Doc. 2019-19574 Filed 9-10-19; 8:45 am]
 BILLING CODE 6560-50-P