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The EPA Administrator, Gina McCarthy, signed the following rule on 8/5/2015, and EPA is submitting 

it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this 

Internet version of the rule, it is not the official version of the rule for purposes of public comment. 

Please refer to the official version in a forthcoming FR publication, which will appear on the 

Government Printing Office's FDSys website (www.gpo.gov/fdsys/search/home.action) and on 

Regulations.gov (www.regulations.gov) in Docket No. EPA-HQ-OAR-2015-0208. Once the official 

version of this document is published in the FR, this version will be removed from the Internet and 

replaced with a link to the official version.

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2015-0208; FRL-9931-94-OAR]

RIN 2060-AS64

Approval of North Carolina’s Request to Relax the Federal Reid Vapor Pressure 

Gasoline Volatility Standard for Mecklenburg and Gaston Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action 

to approve a request from the state of North Carolina for the EPA to relax the Reid Vapor 

Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to 

September 15 of each year for Mecklenburg and Gaston counties. Specifically, the EPA 

is approving amendments to the regulations to allow the RVP standard for the two 

counties to rise from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. The EPA 

has determined that this change to the federal RVP regulation is consistent with the 

applicable provisions of the Clean Air Act (CAA). This action is being taken without 

prior proposal because the EPA believes that this rulemaking is noncontroversial for the 

reasons set forth in this preamble, and due to the limited scope of this action.
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This document is a prepublication version, signed by EPA Administrator, Gina McCarthy, on 8/5/2015. 

We have taken steps to ensure the accuracy of this version, but it is not the official version.

DATES: This rule is effective on [INSERT DATE 60 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER] without further notice, unless EPA 

receives adverse comment by [INSERT DATE 30 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER]. If EPA receives adverse comment, 

we will publish a timely withdrawal in the Federal Register informing the public that the 

rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR2015-0208, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the 

online instructions for submitting comments. Once submitted, comments cannot be edited 

or withdrawn. The EPA may publish any comment received to its public docket. Do not 

submit electronically any information you 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. The EPA will generally not consider comments or comment 

contents located outside of the primary submission (i.e. on the web, cloud, or other file 

sharing system). For additional submission methods, the full EPA public comment 

policy, information about CBI or multimedia submissions, and general guidance on 

making effective comments, please visit http://www2.epa.gov/dockets/commenting-epadockets.

FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of 
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This document is a prepublication version, signed by EPA Administrator, Gina McCarthy, on 8/5/2015. 

We have taken steps to ensure the accuracy of this version, but it is not the official version.

Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, Michigan, 48105; telephone number: (734) 214-4476; fax number:

(734) 214-4052; e-mail address: klavon.patty@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

I. General Information

II. Action Being Taken

III. History of the Gasoline Volatility Requirement

IV. The EPA’s Policy Regarding Relaxation of Gasoline Volatility Standards in 

Ozone Nonattainment Areas That Are Redesignated as Attainment Areas

V. North Carolina’s Request to Relax the Federal Gasoline RVP Requirement for 

Mecklenburg and Gaston Counties

VI. Final Action

VII. Statutory and Executive Order Reviews

VIII. Legal Authority and Statutory Provisions

I. General Information

A. Why Is the EPA Issuing a Direct Final Rule?

The EPA is making this revision as a direct final rule without prior proposal 

because the EPA views this revision as noncontroversial and anticipates no adverse 

comment. The rationale for this rulemaking is described in detail below. In the Proposed 

Rules section of this Federal Register, the EPA is publishing a separate document that 

will serve as the proposal to approve this revision to the RVP gasoline standard that 

applies in Mecklenburg and Gaston counties should adverse comments be filed. If the 
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This document is a prepublication version, signed by EPA Administrator, Gina McCarthy, on 8/5/2015. 

We have taken steps to ensure the accuracy of this version, but it is not the official version.

EPA receives no adverse comment, the EPA will not take further action on the proposed

rule. If the EPA receives adverse comment on this rule or any portion of this rule, the 

EPA will withdraw the direct final rule or the portion of the rule that received adverse 

comment. All public comments received will then be addressed in a subsequent final rule 

based on the proposed rule. The EPA will not institute a second comment period on this 

rulemaking. Any parties interested in commenting must do so at this time.

B. Does This Action Apply to Me? 

Entities potentially affected by this rule are fuel producers and distributors who do 

business in North Carolina. 

Examples of Potentially Regulated Entities NAICS1 Codes

Petroleum refineries

Gasoline Marketers and Distributors

Gasoline Retail Stations

Gasoline Transporters

324110

424710

424720

447110

484220

484230

The above table is not intended to be exhaustive, but rather provides a guide for 

readers regarding entities likely to be regulated by this action. The table lists the types of 

entities of which the EPA is aware that potentially could be affected by this rule. Other 

types of entities not listed on the table could also be affected by this rule. To determine 

whether your organization could be affected by this rule, you should carefully examine 

the regulations in 40 CFR 80.27. If you have questions regarding the applicability of this 

 

1 North American Industry Classification System
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This document is a prepublication version, signed by EPA Administrator, Gina McCarthy, on 8/5/2015. 

We have taken steps to ensure the accuracy of this version, but it is not the official version.

action to a particular entity, call the person listed in the FOR FURTHER 

INFORMATION CONTACT section of this preamble.

C. What Should I Consider as I Prepare My Comments?

1. Submitting CBI 

Do not submit CBI to the EPA through www.regulations.gov or e-mail. Clearly 

mark the part or all of the information that you claim to be CBI. For CBI information in a 

disk or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM as 

CBI and then identify electronically within the disk or CD-ROM the specific information 

that is claimed as CBI. In addition to one complete version of the comment that includes 

information claimed as CBI, a copy of the comment that does not contain the information 

claimed as CBI must be submitted for inclusion in the public docket. Information so 

marked will not be disclosed except in accordance with procedures set forth in 40 CFR 

part 2.

2. Tips for Preparing Your Comments 

When submitting comments, remember to:

• Identify the rulemaking by docket number and other identifying information 

(subject heading, Federal Register date and page number).

• Follow directions – The EPA may ask you to respond to specific questions or 

organize comments by referencing a Code of Federal Regulations (CFR) part or 

section number.

• Explain why you agree or disagree, suggest alternatives, and substitute language 

for your requested changes.
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We have taken steps to ensure the accuracy of this version, but it is not the official version.

• Describe any assumptions and provide any technical information and/or data that 

you used.

• If you estimate potential costs or burdens, explain how you arrived at your 

estimate in sufficient detail to allow for it to be reproduced.

• Provide specific examples to illustrate your concerns, and suggest alternatives.

• Explain your views as clearly as possible, avoiding the use of profanity or 

personal threats.

• Make sure to submit your comments by the comment period deadline identified.

3. Docket Copying Costs

You may be required to pay a reasonable fee for copying docket materials.

II. Action Being Taken

This direct final rule approves a request from the state of North Carolina to 

change the summertime gasoline RVP standard for Mecklenburg and Gaston counties 

from 7.8 psi to 9.0 psi by amending the EPA’s regulations at 40 CFR 80.27(a)(2). In a 

previous rulemaking, the EPA approved a redesignation request and maintenance plan for 

the Charlotte-Gastonia-Salisbury, North Carolina 2008 ozone area (“the Charlotte area”) 

and a CAA section 110(l) non-interference demonstration that relaxing the federal RVP 

gasoline requirement from 7.8 psi to 9.0 psi for gasoline sold from June 1 to September 

15 of each year in Mecklenburg and Gaston counties would not interfere with 

maintenance of the national ambient air quality standards (NAAQS) in the Charlotte area. 

Mecklenburg and Gaston counties are part of the Charlotte area. For more information on 

North Carolina’s redesignation request and maintenance plan for the Charlotte area, 

please refer to Docket ID. No. EPA-R04-OAR-2015-0275 for the rulemaking that was 
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This document is a prepublication version, signed by EPA Administrator, Gina McCarthy, on 8/5/2015. 

We have taken steps to ensure the accuracy of this version, but it is not the official version.

signed on July 17, 2015. The preamble for this rulemaking is organized as follows: 

Section III. provides the history of the federal gasoline volatility regulation. Section IV. 

describes the policy regarding relaxation of volatility standards in ozone nonattainment 

areas that are redesignated as attainment areas. Section V. provides information specific 

to North Carolina’s request for Mecklenburg and Gaston counties. Finally, Section VI. 

presents the final action in response to North Carolina’s request. 

III. History of the Gasoline Volatility Requirement

On August 19, 1987 (52 FR 31274), the EPA determined that gasoline nationwide 

was becoming increasingly volatile, causing an increase in evaporative emissions from 

gasoline-powered vehicles and equipment. Evaporative emissions from gasoline, referred 

to as volatile organic compounds (VOC), are precursors to the formation of tropospheric 

ozone and contribute to the nation’s ground-level ozone problem. Exposure to groundlevel ozone can reduce lung function, thereby aggravating asthma and other respiratory 

conditions, increase susceptibility to respiratory infection, and may contribute to 

premature death in people with heart and lung disease.

The most common measure of fuel volatility that is useful in evaluating gasoline 

evaporative emissions is RVP. Under CAA section 211(c), the EPA promulgated 

regulations on March 22, 1989 (54 FR 11868) that set maximum limits for the RVP of 

gasoline sold during the regulatory control periods that were established on a state-bystate basis in the final rule. The regulatory control periods addressed the portion of the

year when peak ozone concentrations were expected. These regulations constituted Phase 

I of a two-phase nationwide program, which was designed to reduce the volatility of 

gasoline during the high ozone season. On June 11, 1990 (55 FR 23658), the EPA 
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promulgated more stringent volatility controls as Phase II of the volatility control 

program. These requirements established maximum gasoline RVP standards of 9.0 psi or 

7.8 psi (depending on the state, the month, and the area’s initial ozone attainment 

designation with respect to the 1-hour ozone NAAQS.)

The 1990 CAA Amendments established a new section 211(h) to address fuel 

volatility. CAA section 211(h) requires the EPA to promulgate regulations making it 

unlawful to sell, offer for sale, dispense, supply, offer for supply, transport, or introduce 

into commerce gasoline with an RVP level in excess of 9.0 psi during the high ozone 

season. CAA section 211(h) also prohibits the EPA from establishing a volatility standard 

more stringent than 9.0 psi in an attainment area, except that the EPA may impose a 

lower (more stringent) standard in any former ozone nonattainment area redesignated to 

attainment.

On December 12, 1991 (56 FR 64704), the EPA modified the Phase II volatility 

regulations to be consistent with CAA section 211(h). The modified regulations 

prohibited the sale of gasoline with an RVP above 9.0 psi in all areas designated 

attainment for ozone, effective January 13, 1992. For areas designated as nonattainment, 

the regulations retained the original Phase II standards published on June 11, 1990 (55 

FR 23658), which included the 7.8 psi ozone season limitation for certain areas. As stated 

in the preamble to the Phase II volatility controls and reiterated in the proposed change to 

the volatility standards published in 1991, the EPA will rely on states to initiate changes 

to their respective volatility programs. The EPA’s policy for approving such changes is 

described below in Section IV. of this action.
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The state of North Carolina has initiated this change by requesting that the EPA 

relax the 7.8 psi gasoline RVP standard to 9.0 psi for Mecklenburg and Gaston counties, 

which are subject to the 7.8 gasoline RVP requirement during the summertime ozone 

season. Accordingly, the state of North Carolina provided a technical demonstration 

showing that relaxing the federal gasoline RVP requirements in the two counties from 7.8 

psi to 9.0 psi would not interfere with maintenance of the NAAQS in the Charlotte area 

or with any other applicable CAA requirement. 

IV. The EPA’s Policy Regarding Relaxation of Gasoline Volatility Standards in 

Ozone Nonattainment Areas That Are Redesignated as Attainment Areas

As stated in the preamble for the EPA’s amended Phase II volatility standards (56 

FR 64706), any change in the volatility standard for a nonattainment area that was 

subsequently redesignated as an attainment area must be accomplished through a separate 

rulemaking that revises the applicable standard for that area. Thus, for former 1-hour 

ozone nonattainment areas where the EPA mandated a Phase II volatility standard of 7.8 

psi RVP in the December 12, 1991 rulemaking, the federal 7.8 psi RVP gasoline 

requirement remains in effect, even after such an area is redesignated to attainment, until 

a separate rulemaking is completed that relaxes the federal RVP gasoline standard in that 

area from 7.8 psi to 9.0 psi.

As explained in the December 12, 1991 rulemaking, the EPA believes that 

relaxation of an applicable gasoline RVP standard is best accomplished in conjunction 

with the redesignation process. In order for an ozone nonattainment area to be 

redesignated as an attainment area, CAA section 107(d)(3) requires the state to make a 

showing, pursuant to CAA section 175A, that the area is capable of maintaining 
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attainment for the ozone NAAQS for ten years. Depending on the area’s circumstances, 

this maintenance plan will either demonstrate that the area is capable of maintaining 

attainment for ten years without the more stringent gasoline volatility standard or that the 

more stringent gasoline volatility standard may be necessary for the area to maintain its 

attainment with the ozone NAAQS. Therefore, in the context of a request for 

redesignation, the EPA will not relax the gasoline volatility standard unless the state 

requests a relaxation and the maintenance plan demonstrates to the satisfaction of the 

EPA that the area will maintain attainment for ten years without the need for the more 

stringent volatility standard.

North Carolina requested relaxation of the federal RVP gasoline standard from 

7.8 psi to 9.0 psi for Mecklenburg and Gaston counties concurrent with its request that 

the EPA approve a redesignation request and maintenance plan for the Charlotte area for 

the 2008 ozone NAAQS. 

V. North Carolina’s Request to Relax the Federal Gasoline RVP Requirement for

Mecklenburg and Gaston Counties

On March 11, 2015, the state of North Carolina, through the North Carolina 

Department of Environment and Natural Resources (NCDENR), submitted a 

redesignation request and maintenance plan for the Charlotte area, which was classified 

as Marginal for the 2008 ozone NAAQS. Mecklenburg and Gaston counties are part of 

the Charlotte area. Additionally, the state submitted a CAA section 110(l) noninterference demonstration that removal of the federal RVP requirement of 7.8 psi for 

gasoline during the summertime ozone season in Mecklenburg and Gaston counties 

would not interfere with maintenance of any NAAQS, including the 2008 ozone 
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NAAQS. Specifically, the state provided a technical demonstration showing that relaxing 

the federal gasoline RVP requirement in the two counties from 7.8 psi to 9.0 psi would 

not interfere with maintenance of the ozone NAAQS in the Charlotte area or with any 

other applicable requirement of the CAA. 

In a rulemaking that was signed on July 17, 2015, the EPA evaluated and 

approved North Carolina’s March 11, 2015 redesignation request and maintenance plan 

for the Charlotte area. See Docket ID. No. EPA-R04-OAR-2015-0275. In a separate

rulemaking signed on July 17, 2015, the EPA approved North Carolina’s noninterference demonstration for Mecklenburg and Gaston counties. See Docket ID. No. 

EPA-R04-OAR-2015-0260.

2

Both rulemakings were subject to public notice-and-comment. The EPA received 

two comments on the redesignation request and maintenance plan rulemaking, and those 

comments were addressed in the final rule for that rulemaking. The comments received 

can be found in the docket for that rulemaking (Docket ID. No. EPA-R04-OAR-2015-

0275). No comments were received on the non-interference demonstration for 

Mecklenburg and Gaston counties (Docket ID. No. EPA-R04-OAR-2015-0260).

In this action, the EPA is taking the second and final step in the process to 

approve North Carolina’s request to relax the summertime ozone season gasoline RVP 

standard for Mecklenburg and Gaston counties from 7.8 psi to 9.0 psi. Specifically, the 

EPA is amending the applicable gasoline RVP standard from 7.8 psi to 9.0 psi provided 

at 40 CFR 80.27(a)(2) for the two counties. This action to approve North Carolina’s 

 

2 On March 11, 2015, the NCDENR requested that the EPA parallel process the approval of the 

submission.
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request to relax the summertime ozone season RVP standard for Mecklenburg and 

Gaston counties from 7.8 psi to 9.0 psi is based on the EPA’s previous approval of North 

Carolina’s March 11, 2015 redesignation request and maintenance plan for the Charlotte 

area, as well as the non-interference demonstration. This approval is also based on the 

fact that the Charlotte area is currently in attainment for both the 1997 ozone NAAQS 

and the 2008 ozone NAAQS. 

VI. Final Action

The EPA is taking direct final action to approve the request from North Carolina 

for the EPA to relax the RVP applicable to gasoline introduced into commerce from June 

1 to September 15 of each year in Mecklenburg and Gaston counties. Specifically, this 

action amends the applicable gasoline RVP standard from 7.8 psi to 9.0 psi provided at 

40 CFR 80.27(a)(2) for Mecklenburg and Gaston counties.

The EPA is making this revision without prior proposal because the EPA views 

the revision as noncontroversial and anticipates no adverse comment. However, in the 

Proposed Rules section of this Federal Register, the EPA is publishing a separate 

document that will serve as the proposal to approve this revision to the gasoline RVP 

standard that applies in Mecklenburg and Gaston counties should adverse comments be 

filed. This rule will become effective [INSERT DATE 60 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER] without further notice unless the 

EPA receives adverse comments by [INSERT DATE 30 DAYS AFTER DATE OF

PUBLICATION IN THE FEDERAL REGISTER.] 

If the EPA receives adverse comments on the rule or any portion of the rule, the 

EPA will withdraw the direct final rule or the portion of the rule that received adverse 
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comment. The EPA will publish a timely withdrawal in the Federal Register indicating 

which provisions will become effective and which provisions are being withdrawn. All 

public comments received will then be addressed in a subsequent final rule based on the

proposed rule. The EPA will not institute a second comment period on the subsequent 

final action. Any parties interested in commenting must do so at this time. If no such 

comments are received, the public is advised that this rule will become effective on 

[INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL 

REGISTER] and no further action will be taken on the proposed rule.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and

Review and Executive Order 13563: Improving Regulation and Regulatory Review

This action is not a "significant regulatory action" under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under 

Executive Orders 12866 and 13563. (76 FR 3821, January 21, 2011). 

B. Paperwork Reduction Act

This action does not impose any new information collection burden under the 

provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and therefore is not 

subject to these requirements.

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic impact on a 

substantial number of small entities under the RFA. In making this determination, the 

impact of concern is any significant adverse economic impact on small entities. An 

agency may certify that a rule will not have a significant economic impact on a 
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We have taken steps to ensure the accuracy of this version, but it is not the official version.

substantial number of small entities if the rule relieves regulatory burden, has no net 

burden or otherwise has a positive economic effect on the small entities subject to the 

rule. The small entities subject to the requirements of this action are refiners, importers or 

blenders of gasoline that choose to produce or import low RVP gasoline for sale in North 

Carolina and gasoline distributers and retail stations in North Carolina. This action 

relaxes the federal RVP standard for gasoline sold in Mecklenburg and Gaston counties 

during the summertime ozone season (June 1 to September 15 of each year) to allow the 

RVP for gasoline sold in Mecklenburg and Gaston counties to rise from 7.8 psi to 9.0 psi. 

This rule does not impose any requirements or create impacts on small entities beyond 

those, if any, already required by or resulting from the CAA section 211(h) Volatility 

Control program. We have therefore concluded that this action will have no net 

regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

This final rule does not contain an unfunded mandate of $100 million or more as 

described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 

small governments. The action implements mandates specifically and explicitly set forth 

in CAA section 211(h) without the exercise of any policy discretion by the EPA.

E. Executive Order 13132 (Federalism)

This action does not have federalism implications. It will not have substantial 

direct effects on the states, on the relationship between the national government and the 

states, or on the distribution of power and responsibilities among the various levels of 

government. 

F. Executive Order 13175: Consultation and Coordination with Indian Tribal
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Governments

This action does not have tribal implications, as specified in Executive Order 

13175 (65 FR 67249, November 9, 2000). This final rule affects only those refiners, 

importers or blenders of gasoline that choose to produce or import low RVP gasoline for 

sale in the Birmingham area and gasoline distributers and retail stations in the 

Birmingham area. Thus, Executive Order 13175 does not apply to this action. 

G. Executive Order 13045: Protection of Children from Environmental Health and 

 Safety Risks

The EPA interprets Executive Order 13045 as applying only to those regulatory 

actions that concern environmental health or safety risks that the EPA has reason to 

believe may disproportionately affect children, per the definition of “covered regulatory 

action” in section 2-202 of the Executive Order. This action is not subject to Executive 

Order 13045 because it approves a state program. 

H. Executive Order 13211: Actions Concerning Regulations That Significantly

Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211 because it is not a significant 

regulatory action under Executive Order 12866. 

I. National Technology Transfer Advancement Act

This action does not involve technical standards. 

J. Executive Order 12898: Federal Actions to Address Environmental Justice in

Minority Populations and Low-Income Populations

The EPA believes the human health or environmental risk addressed by this 

action will not have potential disproportionately high and adverse human health or 
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environmental effects on minority, low-income or indigenous populations because it does 

not affect the applicable ozone NAAQS which establish the level of protection provided 

to human health or the environment. This rule will relax the applicable volatility standard 

of gasoline during the summer, possibly resulting in slightly higher mobile source 

emissions. However, the state of North Carolina has demonstrated in its non-interference 

demonstration that this action will not interfere with maintenance of the ozone NAAQS

in the Charlotte-Gastonia-Salisbury, North Carolina 2008 ozone area, or with any other 

applicable requirement of the CAA. Mecklenburg and Gaston counties are part of the 

Charlotte-Gastonia-Salisbury, North Carolina 2008 ozone area. Therefore, 

disproportionately high and adverse human health or environmental effects on minority 

or low-income populations are not an anticipated result. The results of this evaluation are 

contained in Section V. of this direct final rule. A copy of North Carolina’s March 11, 

2015 letter requesting that the EPA relax the gasoline RVP standard, including the 

technical analysis demonstrating that the less stringent gasoline RVP in the Mecklenburg 

and Gaston counties would not interfere with continued maintenance of the 2008 ozone 

NAAQS in the Charlotte-Gastonia-Salisbury, North Carolina ozone area, or with any 

other applicable CAA requirement, has been placed in the public docket for this action.

K. Congressional Review Act (CRA)

This action is subject to the CRA, and the EPA will submit a rule report to each 

House of the Congress and to the Comptroller General of the United States. This action is 

not a “major rule” as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review
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Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this 

action must be filed in the United States Court of Appeals for the appropriate circuit by 

[INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER]. Filing a petition for reconsideration by the Administrator of this direct 

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. Parties with objections to this direct 

final rule are encouraged to file a comment in response to the parallel document of 

proposed rulemaking for this action published in the Proposed Rules section of this

Federal Register, rather than file an immediate petition for judicial review of this direct 

final rule, so that the EPA can withdraw this direct final rule and address the comment in 

the proposed rulemaking. This action may not be challenged later in proceedings to 

enforce its requirements. See CAA section 307(b)(2).

VIII. Legal Authority and Statutory Provisions

The statutory authority for this action is granted to the EPA by Sections 211(h) and 

301(a) of the Clean Air Act, as amended; 42 U.S.C. 7545(h) and 7601(a).
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Approval of North Carolina’s Request to Relax the Federal Reid Vapor Pressure 

Gasoline Volatility Standard for Mecklenburg and Gaston Counties Page 18 of 20

List of Subjects in 40 CFR Part 80

Environmental protection, Administrative practice and procedures, Air pollution 

control, Fuel additives, Gasoline, Motor vehicle and motor vehicle engines, Motor 

vehicle pollution, Penalties, Reporting and recordkeeping requirements.

Dated: _____________________

___________________________

Gina McCarthy,

Administrator.
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For the reasons discussed in the preamble, the Environmental Protection Agency is 

amending 40 CFR part 80 as follows:

PART 80—REGULATION OF FUELS AND FUEL ADDITIVES

1. The authority citation for part 80 continues to read as follows: 

AUTHORITY: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a). 

2. In § 80.27(a)(2)(ii), the table is amended by:

a. Revising the entry for North Carolina; and

b. Adding footnote 9.

The revisions and additions read as follows:

§ 80.27 Controls and prohibitions on gasoline volatility.

(a) * * *

(2) * * *

(ii) * * *

APPLICABLE STANDARDS1 1992 AND SUBSEQUENT YEARS

State May June July August September

* * * * * * *

North Carolina99.0 9.0 9.0 9.0 9.0

* * * * * * *

1 Standards are expressed in pounds per square inch (psi).

* * * * *

9 The standard for Mecklenburg and Gaston Counties from June 1 until September 15 in 

1992 through [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN 
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This document is a prepublication version, signed by EPA Administrator, Gina McCarthy, on 8/5/2015. 

We have taken steps to ensure the accuracy of this version, but it is not the official version.

THE FEDERAL REGISTER] was 7.8 psi.

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