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[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 47-51]
From the Federal Register Online via the Government Printing 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 
lakeman.sean@epa.gov.

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\

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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
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