[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 47-51]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31250]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0563; FRL-9904-89-Region 4]
Approval and Promulgation of Implementation Plans; North
Carolina: Non-Interference Demonstration for Removal of Federal Low-
Reid Vapor Pressure Requirement for the Raleigh-Durham-Chapel Hill Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving the State of North Carolina's March 27, 2013,
State Implementation Plan (SIP) revision to the State's approved
Maintenance Plan for the Raleigh-Durham-Chapel Hill 1997 8-hour Ozone
Maintenance Area (Triangle Area). Specifically, North Carolina's
revision, including updated modeling, shows that the Triangle Area
would continue to maintain the 1997 8-hour ozone standard if the
currently applicable Federal Reid Vapor Pressure (RVP) standard for
gasoline of 7.8 pounds per square inch (psi) were modified to 9.0 psi
for three portions (Wake and Durham Counties, and a portion of
Granville County) of the Triangle Area during the high-ozone season.
The State included a technical demonstration with the revision to
demonstrate that the less-stringent RVP standard of 9.0 psi in these
areas would not interfere with continued maintenance of the 1997 8-hour
Ozone National Ambient Air Quality Standards (NAAQS) or any other
applicable standard. Approval of this SIP revision is a prerequisite
for EPA's consideration of an amendment to the regulations to remove
the aforementioned portions of the Triangle Area from the list of areas
that are currently subject to the Federal 7.8 psi RVP requirements. In
addition, EPA is also approving changes to the motor vehicle emission
budgets (MVEBs) used in the 1997 8-hour ozone maintenance plan for the
Triangle Area. EPA has determined that North Carolina's March 27, 2013,
SIP revision with respect to the modeling changes and associated
technical demonstration, and with respect to the updated MVEBs, is
consistent with the applicable provisions of the Clean Air Act (CAA or
Act). Should EPA decide to remove the subject portions of the Triangle
Area from those areas subject to the 7.8 psi Federal RVP requirements,
such action will occur in a subsequent rulemaking.
DATES: This rule will be effective on February 3, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0563. All documents in the docket
are listed on the www.regulations.gov Web site. 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 Regulatory Development Section, 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 to 4:30 excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street
[[Page 48]]
SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-
9043. Mr. Lakeman can be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background of the Triangle Area
II. Background of the Gasoline Volatility Requirement
III. Background of Mobile Source Inventories and Motor Vehicle
Emission Budgets Update
IV. This Action
V. Final Action
VI. Statutory and Executive Order Reviews
I. Background of the Triangle Area
In 1991, the Triangle Area was designated as a moderate
nonattainment area pursuant to the 1-hour ozone NAAQS. See 56 FR 56694
(November 6, 1991). Under the 1-hour ozone NAAQS, the Triangle
nonattainment area was composed of Durham and Wake Counties, and the
Dutchville Township portion of Granville County. Among the requirements
applicable to nonattainment areas for the 1-hour ozone NAAQS was the
requirement to meet certain volatility standards (known as Reid Vapor
Pressure or RVP) for gasoline sold commercially. See 55 FR 23658 (June
11, 1990). As part of the RVP requirements associated with its
nonattainment designation, gasoline sold in the Triangle 1-hour
nonattainment area could not exceed 7.8 psi RVP during the high-ozone
season months.
Following implementation of the 7.8 psi RVP requirement in the
Triangle Area, on April 18, 1994, the Area was redesignated to
attainment for the 1-hour ozone standard, based on 1989-1992 ambient
air quality monitoring data. See 59 FR 18300. North Carolina's
redesignation request for the 1-hour ozone Triangle Area did not,
however, include a request for the Area to be removed from the list of
areas subject to the 7.8 psi RVP standard. As such, the 7.8 RVP
requirement remained in place for Durham and Wake Counties, and the
Dutchville Township portion of Granville County when the Triangle Area
was designated nonattainment for the 1997 8-hour ozone NAAQS. Under the
1997 8-hour ozone NAAQS, the Triangle Area was expanded from Durham and
Wake Counties, and the Dutchville Township portion of Granville County
to also include Franklin, Johnston, Orange, and Person Counties, the
remainder of Granville County and Baldwin, Center, New Hope and
Williams Townships in Chatham County. See 69 FR 23857 (April 30, 2004).
In 2007, the Triangle Area was redesignated to attainment for the 1997
8-hour ozone NAAQS. See 72 FR 72948, (December 26, 2007). The Triangle
Area was later designated as attainment for the 2008 8-hour ozone
NAAQS. See 77 FR 30088 (May 21, 2012).
II. Background of the Gasoline Volatility Requirement
On August 19, 1987 (52 FR 31274), EPA determined that gasoline
nationwide had become increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as volatile organic
compounds (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
or other respiratory conditions), increase susceptibility to
respiratory infection, and may contribute to premature death in people
with heart and lung disease.
The most common measure of fuel volatility that is useful in
evaluating gasoline evaporative emissions is RVP. Under section 211(c)
of CAA, EPA promulgated regulations on March 22, 1989 (54 FR 11868),
that set maximum limits for the RVP of gasoline sold during the high
ozone season. These regulations constituted Phase I of a two-phase
nationwide program, which was designed to reduce the volatility of
commercial gasoline during the high ozone season. On June 11, 1990 (55
FR 23658), EPA promulgated more stringent volatility controls as Phase
II of the volatility control program. These requirements established
maximum RVP standards of 9.0 psi or 7.8 psi (depending on the State,
the month, and the area's initial ozone attainment designation with
respect to the 1-hour ozone NAAQS during the high ozone season).
The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h) requires EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high ozone
season. Section 211(h) prohibits EPA from establishing a volatility
standard more stringent than 9.0 psi in an attainment area, except that
EPA may impose a lower (more stringent) standard in any former ozone
nonattainment area redesignated to attainment.
On December 12, 1991 (56 FR 64704), EPA modified the Phase II
volatility regulations to be consistent with section 211(h) of the CAA.
The modified regulations prohibited the sale of gasoline with an RVP
above 9.0 psi in all areas designated attainment for ozone, beginning
in 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658).
As stated in the preamble to the Phase II volatility controls and
reiterated in the proposed change to the volatility standards published
in 1991, EPA will rely on states to initiate changes to EPA's
volatility program that they believe will enhance local air quality
and/or increase the economic efficiency of the program within the
limits of CAA section 211(h).\1\ In those rulemakings, EPA explained
that the Governor of a State may petition EPA to set a volatility
standard less stringent than 7.8 psi for some month or months in a
nonattainment area. The petition must demonstrate such a change is
appropriate because of a particular local economic impact and that
sufficient alternative programs are available to achieve attainment and
maintenance of the 1-hour ozone NAAQS. A current listing of the RVP
requirements for states can be found on EPA's Web site at: http://www.epa.gov/otaq/fuels/gasolinefuels/volatility/standards.htm.
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\1\ See 55 FR 23658 (June 11, 1990), 56 FR 24242 (May 29, 1991)
and 56 FR 64704 (Dec. 12, 1991).
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As explained in the December 12, 1991 (56 FR 64704), Phase II
rulemaking, EPA believes that relaxation of an applicable RVP standard
in a nonattainment area is best accomplished in conjunction with the
redesignation process. In order for an ozone nonattainment area to be
redesignated as an attainment area, section 107(d)(3) of the Act
requires the state to make a showing, pursuant to section 175A of the
Act, that the area is capable of maintaining attainment for the ozone
NAAQS for ten years after redesignation. Depending on the area's
circumstances, this maintenance plan will either demonstrate that the
area is capable of maintaining attainment for ten years without the
more stringent volatility standard or that the more stringent
volatility standard may be necessary for the area to maintain its
attainment with the ozone NAAQS. Therefore, in the context of a request
for redesignation, EPA will not relax the volatility standard unless
the state requests a relaxation and the maintenance plan demonstrates,
to the satisfaction of EPA, that the area will maintain attainment for
ten years without the need for the more stringent
[[Page 49]]
volatility standard. As noted above, however, North Carolina did not
request relaxation of the applicable 7.8 psi RVP standard when the
Triangle Area was redesignated to attainment for the either the 1-hour
or the 1997 8-hour ozone NAAQS. Rather, North Carolina is now seeking
to relax the 7.8 psi RVP standard after the Triangle Area has been
redesignated to attainment for the 1997 8-hour ozone NAAQS.
Accordingly, the original modeling and maintenance demonstration
supporting the 1997 8-hour ozone maintenance plan must be revised to
reflect continued attainment under the relaxed 9.0 psi RVP standard
that the State has requested.
III. Background of Mobile Source Inventories and Motor Vehicle Emission
Budgets Update
On June 7, 2007, the State of North Carolina, through NC DENR,
submitted a final request for EPA to: (1) Redesignate the Triangle Area
to attainment for the 1997 8-hour ozone standard; and (2) approve a
North Carolina SIP revision containing a maintenance plan for the
Triangle Area. On December 26, 2007 (72 FR 72948), EPA approved the
redesignation request for the Triangle Area. Additionally, EPA approved
the 1997 8-hour ozone maintenance plan including nitrogen oxides
(NOX) MVEBs for the Triangle Area.\2\ These approvals were
based on EPA's determination that the State of North Carolina had
demonstrated that the Triangle Area met the criteria for redesignation
to attainment specified in the CAA, including the determination that
the entire Triangle Area had attained the 1997 8-hour ozone NAAQS.
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\2\ In the December 26, 2007, final rule EPA also approved NC
DENR's determination that on-road emissions of VOC are insignificant
for transportation conformity purposes. We are not addressing that
insignificance finding in today's rule.
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At the time of original redesignation request, the on-road motor
vehicle inventory was generating by the MOBILE6.2 model, which at the
time was the current MVEB model. The change to the maintenance plan
discussed above includes a MVEB generated by the MOVES model which has
since replaced the MOBILE6.2 model. In addition, the model used to
calculate the original non-road inventory (NONROAD2005c) has also since
been updated by a new non-road inventory model (NONROAD2008a).
As a result of these new models and the revised emission associated
with a relaxed RVP standard, the safety margin \3\ calculations
provided in the revised maintenance plan have changes from the previous
margins included with the original maintenance plan. Therefore, North
Carolina's revision includes a reallocation of the safety margin to the
NOX MVEB based upon the revised calculations.
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\3\ A safety margin is the difference between the attainment
level of emissions from all source categories (i.e., point, area,
and mobile) and the projected level of emissions from all source
categories. The State may choose to allocate some of the safety
margin to the MVEBs, for transportation conformity purposes, so long
as the total level of emissions from all source categories remains
equal to or less than the attainment level of emissions. (40 CFR
93.124(a)).
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NC DENR is currently allocating portions of the available safety
margin to the MVEBs to allow for unanticipated vehicle miles traveled
growth as well as changes to future vehicle mix assumptions that
influence the emission estimations. A total of 14,396 kilograms (kg)
(15.87 tons per day (tpd)) and 13,563 kg (14.95 tpd) from the available
NOX safety margins in 2008 and 2017, respectively, were
added to the MVEBs for the Triangle Area.
IV. This Action
On October 30, 2013 (78 FR 64896), EPA proposed approval of North
Carolina's March 27, 2013, revision to the State's approved 1997 8-hour
ozone maintenance plan for the Triangle Area. Specifically, North
Carolina's revision, including updated modeling, shows that the
Triangle Area would continue to maintain the 1997 8-hour ozone standard
if the currently applicable RVP standard for gasoline of 7.8 psi were
modified to 9.0 psi during the high-ozone season. In addition, the
revision included changes to the MVEBs used in the 1997 8-hour ozone
maintenance plan for the Triangle Area. No adverse comments were
received on this proposed action and EPA is hereby finalizing approval
of the revision.
The Triangle Area is currently designated attainment for the 1997
8-hour ozone NAAQS. The Area was redesignated from nonattainment of the
1997 8-hour ozone NAAQS on December 26, 2007. See 72 FR 72948. This
rulemaking approves a revision to the 1997 8-hour ozone Maintenance
Plan for the Triangle Area submitted by the NC DENR. Specifically, EPA
is approving changes to the maintenance plan, including updated
modeling, that shows that the Triangle Area can continue to maintain
the 1997 ozone standard without reliance on emission reductions based
upon the use of gasoline with an RVP of 7.8 psi in any of the Triangle
Area counties during the high ozone season--June 1 through September
15. EPA is also concluding that the new modeling demonstrates that the
Triangle Area would continue to attain the 1997 8-hour ozone standard
with the use of gasoline with an RVP of 9.0 psi throughout the Triangle
Area during the high ozone season. Consistent with section 110(l) of
the Act, EPA also concludes that the use of gasoline with an RVP of 9.0
psi throughout the Maintenance Plan Areas during the high ozone season
would not interfere with other applicable requirements of the Act.
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. Because the modeling associated with the
current maintenance plan for North Carolina is premised in part upon
the 7.8 psi RVP requirements, a request to revise the maintenance plan
modeling to no longer rely on the 7.8 psi RVP requirement is subject to
the requirements of CAA section 110(l). Therefore, the State must
demonstrate that this revision will not interfere with the attainment
or maintenance of any of the NAAQS or any other applicable requirement
of the CAA.
This section 110(l) non-interference demonstration is a case-by-
case determination based upon the circumstances of each SIP revision.
EPA interprets 110(l) as applying to all NAAQS that are in effect,
including those that have been promulgated but for which the EPA has
not yet made designations. The specific elements of the 110(l) analysis
contained in the SIP revision depend on the circumstances and emissions
analyses associated with that revision. EPA's analysis of North
Carolina's March 27, 2013, SIP revision, including review of section
110(l) requirements can be found in the proposed rule published on
October 30, 2013, at 78 FR 64896.
This rulemaking approves the State's revision to its existing
maintenance plan for the Triangle Area demonstrating that the Area can
continue to maintain the standard without relying upon gasoline with an
RVP of 7.8 psi being sold in the Triangle area during the high ozone
season. Consistent with CAA section 211(h) and the Phase II volatility
regulations a separate rulemaking is required for relaxation of the
current requirement to use gasoline with an RVP of 7.8 psi in the
Triangle Area.\4\
[[Page 50]]
Additionally, the new modeling conducted by North Carolina to account
for the requested relaxation of the applicable RVP standard in a
portion of the Triangle Area also results in changes to the safety
margin associated with the maintenance plan.\5\ As such, the North
Carolina revision includes a reallocation of the safety margin among
the NOx MVEBs for the Triangle Area, which EPA is also
approving today.
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\4\ The decision regarding removal of Federal RVP requirements
pursuant to section 211(h) in the Triangle Area includes other
considerations evaluated at the discretion of the Administrator. As
such, the determination regarding whether to remove the Area from
those areas subject to the section 211(h) requirements is made
through a separate rule making action.
\5\ In addition to a less stringent RVP standard, the new
modeling also utilizes updated models for on-road and off-road
mobile emission sources.
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V. Final Action
EPA is approving the State of North Carolina's March 27, 2013,
revision to its Maintenance Plan for the Triangle 1997 8-hour Ozone
Maintenance Area. Specifically, EPA is approving the State's showing
that the Triangle Area can continue to maintain the 1997 ozone standard
without emissions reductions associated with the use of 7.8 psi RVP
gasoline in the three portions of the Triangle Area currently subject
to the 7.8 psi RVP standard during the high ozone season--June 1
through September 15.
EPA is approving the revised and updated modeling submitted by the
State, which shows that the Triangle Area can continue to maintain the
1997 ozone standard if the applicable RVP standard in the three
portions of the Triangle Area. EPA is also approving the revised
NOX MVEBs for 2008 and 2017 including the revised and
reallocated safety margin among the NOX MVEBs for the
Triangle Area.
EPA has determined that North Carolina's March 27, 2013, SIP
revision, including the technical demonstration associated with the
State's request for the removal of the Federal RVP requirements, and
the updated MVEBs are consistent with the applicable provisions of the
CAA. Should EPA decide to remove the subject portions of the Triangle
Area from those areas subject to the 7.8 psi Federal RVP requirements,
such action will occur in a separate, subsequent rulemaking.
VI. 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not 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 March 3, 2014. 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, Lead, Nitrogen dioxide,
Reporting and recordkeeping requirements and Volatile organic
compounds.
Dated: December 18, 2013.
Beverly H. Banister,
Acting 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(e), is amended by adding a new entry for
``Supplement Maintenance Plan for the Raleigh-Durham-Chapel Hill, NC
1997 8-hour Ozone Maintenance Area.'' at the end of the table to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
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EPA-Approved North Carolina Non-Regulatory Provisions
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State EPA approval Federal Register
Provision effective date date citation Explanation
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* * * * * * *
Supplement Maintenance Plan for 3/27/2013 1/2/14 [Insert citation of .....................
the Raleigh-Durham-Chapel Hill, publication].
NC 1997 8-hour Ozone Maintenance
Area and RVP Standard.
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[FR Doc. 2013-31250 Filed 12-31-13; 8:45 am]
BILLING CODE 6560-50-P