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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-9931-95-OAR]

RIN 2060-AS64

Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for 

Mecklenburg and Gaston Counties, North Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection Agency (EPA) is proposing 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, North Carolina.

Specifically, the EPA is proposing to amend the regulations to allow the RVP standard 

for Mecklenburg and Gaston counties to rise from 7.8 pounds per square inch (psi) to 9.0 

psi for gasoline. The EPA has preliminarily determined that this change to the federal 

RVP regulation is consistent with the applicable provisions of the Clean Air Act (CAA).

DATES: Written comments must be received on or before [INSERT DATE 30 DAYS 

AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] unless a 
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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.

public hearing is requested by [INSERT DATE 15 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER]. If the EPA receives such a 

request, we will publish information related to the timing and location of the hearing and 

a new deadline for public comment.

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. If you 

need to include CBI as part of your comment, please visit 

http://www.epa.gov/dockets/comments.html for instructions. 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. 

For additional submission methods, the full EPA public comment policy, and 

general guidance on making effective comments, please visit 

http://www.epa.gov/dockets/comments.html.

FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of 

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

I. General Information

II. Public Participation

III. Background and Proposal

IV. Direct Final Rule

V. Statutory and Executive Order Reviews

VI. Legal Authority

I. General Information

A. This proposed rule is published parallel to a Direct Final Rule.

In the “Rules and Regulations” section of this Federal Register, 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 both in this proposal and in the direct final rule. 

The regulatory text for this proposed rule is included in the direct final rule, and 

parties should review that rule for the regulatory text. If the EPA receives no adverse 

comment, the EPA will not take further action on this 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 this 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 proposed rule are fuel producers and 
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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.

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 proposed 

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

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

examine the regulations in 40 CFR 80.27. If you have questions regarding the 

applicability of this action to a particular entity, call the person listed in the FOR 

FURTHER INFORMATION CONTACT section of this preamble.

C. What is the agency’s authority for taking this action?

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).

II. Public Participation

The EPA will not hold a public hearing on this matter unless a request is received 

by the person identified in the FOR FURTHER INFORMATION CONTACT section 

 

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.

of this preamble by [INSERT DATE 15 DAYS AFTER DATE OF PUBLICATION 

IN THE FEDERAL REGISTER]. If the EPA receives such a request, we will publish 

information related to the timing and location of the hearing and a new deadline for 

public comment. 

III. Background and Proposal

A. Summary of the Proposal

The EPA is proposing to approve a request from the state of North Carolina to 

change the summertime RVP standard for Mecklenburg and Gaston counties, North 

Carolina 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 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 any NAAQS in the Charlotte area, including the 2008 ozone 

NAAQS, or with any other applicable CAA requirement. 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 signed on July 17, 2015.

The preamble for this rulemaking is organized as follows: Section III.B. provides 

the history of the federal gasoline volatility regulation. Section III.C. describes the policy 

regarding relaxation of gasoline volatility standards in ozone nonattainment areas that are 

redesignated as attainment areas. Section III.D. provides information specific to North 
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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.

Carolina’s request for Mecklenburg and Gaston counties. Finally, Section IV. briefly 

discusses the associated direct final rule. 

B. 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 

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.)
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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 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 III.C.

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 
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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.

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

including the 2008 ozone NAAQS, or with any other applicable CAA requirement.

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

Ozone Nonattainment Areas That Are Redesignated to Attainment Areas

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

FR 64706), any change in the gasoline 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 gasoline RVP 

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

a separate rulemaking is completed that relaxes the federal gasoline RVP 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 

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 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, the EPA will 
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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.

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 is requesting relaxation of the federal gasoline RVP 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. 

D. 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, or with any other applicable CAA 

requirement. 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 any NAAQS in the Charlotte area, of which the 

two counties are part, including the 2008 ozone NAAQS, or with any other applicable 

CAA requirement.
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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.

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 by 

proposing 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 proposing to amend the applicable gasoline RVP standard to 

allow the gasoline RVP requirements to rise from 7.8 psi to 9.0 psi provided at 40 CFR 

80.27(a)(2) for the two counties. This proposal 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 is based on the previous approval of North Carolina’s 

March 11, 2015 redesignation request and maintenance plan and non-interference 

 

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

submission.
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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.

demonstration. It is also based on the fact that the Charlotte area is currently in attainment 

for the both the 1997 ozone NAAQS and the 2008 ozone NAAQS. 

IV. Direct Final Rule 

A direct final rule that would make the same changes as those proposed in this 

action appears in the Rules and Regulations section of this Federal Register. The EPA is 

taking direct final action on these revisions because the EPA views the revisions as 

noncontroversial and anticipates no adverse comment. The EPA has explained the 

reasons for the amendments in this proposal and in the direct final rule. If no adverse 

comments are received, no further action will be taken on the proposal, and the direct 

final rule will become effective as provided in that action.

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 

comment. The EPA will publish a timely withdrawal in the Federal Register indicating 

which provisions are being withdrawn. All public comments received will then be 

addressed in a subsequent final rule based on this 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.

The changes to the regulatory text proposed in this document are identical to 

those for the direct final rule published in the Rules and Regulations section of this 

Federal Register. For further information, including the regulatory revisions, see the 

direct final rule published in a separate part of this Federal Register. 

V. Statutory and Executive Order Reviews
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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.

For a complete discussion of all the administrative requirements applicable to this 

action, see the direct final rule in the Rules and Regulations section of this Federal 

Register.

VI. Legal Authority

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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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.

Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for 

Mecklenburg and Gaston Counties, North Carolina Page 13 of 13

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.