Air Plan Approval; NC: Readoption of Air Quality Rules and Removal of Oxygenated Gasoline Rules
| Published date | 06 February 2019 |
| Citation | 84 FR 2109 |
| Record Number | 2019-01112 |
| Section | Proposed rules |
| Court | Environmental Protection Agency |
Federal Register, Volume 84 Issue 25 (Wednesday, February 6, 2019)
[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Proposed Rules]
[Pages 2109-2115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01112]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0301; FRL-9988-99-Region 4]
Air Plan Approval; NC: Readoption of Air Quality Rules and
Removal of Oxygenated Gasoline Rules
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve several State Implementation Plan (SIP) revisions submitted by
the North Carolina Department of Environmental Quality, Division of Air
Quality (DAQ), on March 21, 2018, readopting and amending several air
quality rules, and requesting to remove the rules for the oxygenated
gasoline program. One of these SIP revisions also contains a non-
interference demonstration, which
[[Page 2110]]
concludes that removing the oxygenated gasoline rules would not
interfere with attainment or maintenance of the National Ambient Air
Quality Standards (NAAQS). EPA has preliminarily determined that North
Carolina's March 21, 2018, SIP revisions are consistent with the
applicable provisions of the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before March 8, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0301 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9222. Ms. Sheckler can
also be reached via electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve several SIP revisions submitted by
North Carolina on March 21, 2018, seeking to readopt and amend various
air quality rules, and to remove the rules for the oxygenated gasoline
program from North Carolina's SIP. To support the request to remove the
rules for the oxygenated gasoline program from the SIP, North
Carolina's March 21, 2018, SIP revision contains technical support
materials to demonstrate that the removal of the rules will not
interfere with attainment or maintenance of any NAAQS or with any other
applicable requirement of the CAA. Specifically, these SIP revisions
address State regulations amended or readopted in 15A North Carolina
Administrative Code (NCAC) 02D Sections .0100, Definitions and
References, .0200, Air Pollution Sources, .0300, Air Pollution
Emergencies, and .0400, Ambient Air Quality Standards, and the removal
of rules in 15A NCAC 02D Section .1300, Oxygenated Gasoline Standard
(hereinafter referred to as the oxygenated gasoline program).\1\ The
March 21, 2018, SIP revision also includes changes to the
Transportation Conformity Rules in 15A NCAC 02D Section .2000, however,
in this action, EPA will not be addressing those amendments.
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\1\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred
to as ``Subchapter 2D Air Pollution Control Requirements.''
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EPA's analysis of North Carolina's March 21, 2018, SIP revisions
that are the subject of this proposed rule is organized into three
parts under Section II. Part A provides the background, analysis, and
the non-interference demonstration for the removal of North Carolina's
oxygenated gasoline program; Part B contains information regarding
rules submitted for readoption only; and Part C contains information
regarding rules submitted for amendment.
II. Analysis of North Carolina's March 21, 2018, SIP Revisions
A. Removal of the Oxygenated Gasoline Program
1. Background
Under section 211(m) of the CAA, states with areas designated
nonattainment for carbon monoxide (CO) with certain design values were
required to submit revisions to their SIPs and implement oxygenated
gasoline programs by no later than November 15, 1992.\2\ For North
Carolina, the Raleigh-Durham and Winston-Salem areas were designated as
nonattainment for the 8-hour CO standard with design values triggering
the requirements of CAA section 211(m) for oxygenated gasoline. See 56
FR 56694 (November 6, 1991); 57 FR 56762 (November 30, 1992).\3\ As a
result, the State submitted, and EPA approved, an oxygenated gasoline
program for the areas of Raleigh-Durham and Winston-Salem. North
Carolina included the Charlotte CO nonattainment area in the program's
coverage in its SIP, although it was not required to implement such a
program for that area. See 59 FR 33683 (June 30, 1994).
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\2\ Oxygenates are fuel additives that contain oxygen, usually
in the form of alcohol or ether. Oxygenates can enhance fuel
combustion and thereby reduce exhaust emissions. Some oxygenates
also boost gasoline octane. Because CO emissions from gasoline-
fueled vehicles tend to increase in cold weather, the control period
for oxygenated gasoline programs is during the winter months.
\3\ Under CAA section 211(m), the triggering CO design value is
9.5 parts per million (ppm) or above. Raleigh-Durham had a design
value of 10.9 ppm, and Winston-Salem had a design value of 9.7 ppm
(based on 1988 and 1989 data). The Charlotte area was a pre-1990
nonattainment area and was designated by operation of law, but the
area had a design value of 8.4 ppm (based on 1988 and 1989 data),
which is below the 9.5 ppm. See 56 FR 56694 (November 6, 1991) and
57 FR 56762 (November 30, 1992).
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The CAA established an attainment date of December 31, 1995, for
all CO areas triggering the CAA section 211(m) requirements such as the
Raleigh-Durham and Winston-Salem areas, and areas below that trigger,
such as Charlotte, had to attain by November 15, 1995. Section
107(d)(3)(E) of the CAA sets out the requirements that an area must
meet in order to be redesignated from nonattainment to attainment,
including that the area must have a fully-approved maintenance plan
pursuant to section 175A of the CAA. A maintenance plan, as defined in
section 175A(a) of the CAA, is a revision to the SIP to provide for the
maintenance of the NAAQS for the air pollutant in question in the area
concerned for at least 10 years after the redesignation. CAA section
175A(d) requires that such plans include contingency provisions, as
necessary, to promptly correct any violation of the NAAQS that occurs
after redesignation of an area; this includes implementation of
controls measures that were contained in the SIP prior to
redesignation. In 1994, EPA approved North Carolina's request to
redesignate the Winston-Salem area to attainment for the CO NAAQS and
approved the initial 10-year maintenance plan for the area. See 59 FR
48399 (September 21, 1994). In 1995, EPA approved the redesignation of
the Charlotte and Raleigh-Durham areas to attainment for the CO NAAQS
and approved the initial 10-year maintenance plans for those areas as
well. See 60 FR 39258 (August 2, 1995). The initial 10-year maintenance
plans included the continued use of the oxygenated gasoline program for
the Raleigh-Durham area. For the Charlotte and Winston-Salem areas, the
initial 10-year maintenance plans included the oxygenated gasoline
program as a contingency measure.
Subsequently, on October 19, 1995, North Carolina submitted a
proposed SIP revision requesting that the
[[Page 2111]]
oxygenated gasoline program for the Raleigh-Durham CO maintenance area
be moved from the maintenance plan to the contingency measures portion
of the maintenance plan. The request was based on a revised vehicle
miles traveled analysis which demonstrated that the CO NAAQS could be
maintained without the continued use of the oxygenated gasoline
program. See 60 FR 56127 (November 7, 1995).\4\
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\4\ EPA analyzed this request and proposed to approve the
revision in 1995. See 60 FR 56127, November 7, 1995. EPA received no
comments on its proposed action. On June 20, 2007, EPA clarified
that it ultimately finalized its approval in 2006. See 72 FR 33692.
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Eight years after redesignation of an area to attainment, CAA
section 175A(b) requires the state to submit an update to the original
maintenance plan to provide for the maintenance of the NAAQS for
another 10 years after the initial 10-year period has expired (this is
known as the second 10-year maintenance plan). North Carolina's second
10-year maintenance plan for the Charlotte, Raleigh-Durham and Winston-
Salem areas was approved by EPA on March 24, 2006 (71 FR 14817). The
plan included the oxygenated gasoline program as a contingency measure
for all three areas.\5\ In 2015, the 20-year maintenance plan periods
(covering the initial 10-year maintenance period and the second 10-year
maintenance period) expired for all three areas. Specifically, the end
date for the 20-year maintenance plan period for the Charlotte and
Raleigh-Durham (Wake and Durham counties) areas was September 18, 2015,
and the end date for the 20-year maintenance plan period for the
Winston-Salem area (Forsyth county) was May 23, 2015.\6\
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\5\ On June 20, 2013, (78 FR 37118), EPA approved North
Carolina's request to convert the second 10-year maintenance plans
to limited maintenance plans. A limited maintenance plan generally
includes all the elements for a full section 175A maintenance plan
except that a limited maintenance plan is not required to include
motor vehicle emissions budgets for transportation conformity
purposes. See the October 6, 1995, Memorandum from Joseph W. Praise
to the Air Branch Chiefs, Regions I-X, entitled ``Limited
Maintenance Plan Option for Nonclassifiable CO Nonattainment
Areas.''
\6\ While these areas have all reached the end of their 20-year
maintenance period, the second 10-year maintenance plan does not
cease to be effective. Rather, the terms of the maintenance plan
(including all measures and requirements) remain in effect until the
State submits, and EPA approves, a revision to the plan consistent
with the anti-backsliding requirements of CAA section 110(l) and CAA
section 193, if applicable. North Carolina's March 21, 2018, SIP
revision is such a request and the analysis of that request for
consistency with the CAA's anti-backsliding requirements follows in
Section II.A.2 below.
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2. What are the CAA requirements for the removal of the oxygenated
gasoline program in North Carolina?
One of North Carolina's March 21, 2018, SIP revisions seeks to
remove the State's oxygenated gasoline program from the North Carolina
SIP. As noted above, that program is included as a contingency measure
in the State's second 10-year maintenance plan for the Charlotte,
Raleigh-Durham, and Winston-Salem CO maintenance areas pursuant to the
requirements of CAA section 175A(d). However, the requirement in
section 175(A)(d) for contingency measures to include all control
measures contained in the SIP prior to redesignation does not preclude
the removal of contingency measures from the maintenance plan once the
second 10-year maintenance plan period has expired. Here, the
Charlotte, Raleigh-Durham, and Winston-Salem areas' second 10-year
maintenance plan periods expired in 2015, as described above. Thus,
section 175A(d) does not preclude the removal from the SIP of the
oxygenated gasoline program for these areas. North Carolina's March 21,
2018, SIP revision seeking such a removal must, however, still comply
with the requirements of CAA sections 110(l) and 193, where
applicable.\7\
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\7\ CAA section 193 is not applicable to the instant SIP
revision because the oxygenated gasoline program was not a control
measure required to be adopted into the SIP by North Carolina for
these areas prior to November 15, 1990.
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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. EPA's criterion for determining the
approvability of North Carolina's March 21, 2018, SIP revision is
whether the non-interference demonstration associated with the removal
of the oxygenated gasoline program for the Charlotte, Raleigh-Durham,
and Winston-Salem areas satisfies section 110(l).
EPA evaluates each section 110(l) non-interference demonstration on
a case-by-case basis considering 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 EPA
has not yet made designations. The degree of analysis focused on any
NAAQS in a non-interference demonstration varies depending on the
nature of the emissions associated with the proposed SIP revision. With
regards to the removal of the oxygenated gasoline program in North
Carolina, the most relevant pollutant to consider is CO. EPA's analysis
of North Carolina's March 21, 2018, SIP revision pursuant to section
110(l) is provided below.
3. What is EPA's analysis of North Carolina's non-interference
demonstration?
a. Overall Preliminary Conclusions
On March 21, 2018, DAQ submitted a revision to North Carolina's
SIP-approved oxygenated gasoline program, along with a non-interference
demonstration to support the State's request to remove the program from
the North Carolina SIP. This demonstration includes an evaluation of
the impact that the removal of the oxygenated gasoline program for
Charlotte (Mecklenburg county), Raleigh-Durham (Wake and Durham
counties) and Winston-Salem (Forsyth county) would have on North
Carolina's ability to attain or maintain the NAAQS in the State. The
demonstration and EPA's analysis of the potential impact of the removal
of the program is below.
i. Non-interference Analysis for the CO NAAQS
EPA promulgated the CO NAAQS in 1971 and has retained the standards
since its last review of the standard in 2011. The primary NAAQS for CO
includes: (1) an 8-hour standard of 9.0 ppm, measured using the annual
second highest 8-hour concentration for two consecutive years as the
design value; and (2) a 1-hour average of 35 ppm, using the second
highest 1-hour average within a given year. The counties subject to
this proposed action have monitored data below the CO NAAQS for over 20
years.
Table 1 shows air quality data from monitoring sites in North
Carolina, for the 8-hour CO NAAQS in the three areas for 2010 through
2017. The design values are all well below the CO NAAQS (see Tables 1,
2 and 3).
[[Page 2112]]
Table 1--8-Hour CO Air Quality Data for Monitoring Sites in Charlotte Area
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Annual 2nd
highest 8- Percent of
Year hour Design value the standard
concentration (ppm) of 9 ppm
(ppm)
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2010............................................................ 1.7
2011............................................................ 1.5 1.7 19
2012............................................................ 1.5 1.5 17
2013............................................................ 1.6 1.6 18
2014............................................................ 1.3 1.6 18
2015............................................................ 1.2 1.3 14
2016............................................................ 1.0 1.2 13
2017............................................................ 1.3 1.3 14
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Table 2--8-hour CO Air Quality Data for Monitoring Sites in Raleigh-Durham Area
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Annual 2nd
highest 8- Percent of
Year hour Design value the standard
concentration (ppm) of 9 ppm
(ppm)
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2010............................................................ 1.3
2011............................................................ 1.4 1.4 16
2012............................................................ 1.3 1.4 16
2013............................................................ 1.2 1.3 14
2014............................................................ 1.2 1.2 13
2015............................................................ 1.2 1.2 13
2016............................................................ 1.5 1.5 17
2017............................................................ 1.2 1.2 13
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Table 3--8-hour CO Air Quality Data for Monitoring Sites in Winston-Salem Area
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Percent of
Year Annual 2nd highest 8-hour Design value the standard
concentration (ppm) (ppm) of 9 ppm
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2010.......................................... 1.9.............................
2011.......................................... 2.1............................. 2.1 23
2012.......................................... 1.2............................. 2.1 23
2013.......................................... 1.7............................. 1.7 19
2014.......................................... 1.5............................. 1.7 19
2015.......................................... 1.3............................. 1.5 17
2016.......................................... Monitor shut down in 2015.......
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For the 1-hour CO standard of 35 ppm, all three areas have recent
design values that range from 4 percent to 6.6 percent of the standard.
For the Charlotte area, ambient monitoring data for 2016 and 2017 show
design values of 1.4 and 1.5 ppm, respectively. For the Raleigh-Durham
area, ambient monitoring data for 2016 and 2017 show design values of
2.3 and 1.6 ppm, respectively. For the Winston-Salem area, the design
value was 1.9 ppm for 2015. The monitor was approved to be and was shut
down after 2015 monitoring season.
It is important to also note, that emissions from vehicles have
dramatically been reduced through federal legislative and regulatory
actions. At the time when areas were experiencing violations of the CO
NAAQS in the 1970-1990, typical new cars were emitting nearly 13 grams
per mile hydrocarbons (HC), 3.6 grams per mile nitrogen oxides
(NOX), and 87 grams per mile CO. Since then, EPA has set
standards to bring down levels of these pollutants, and the auto
industry has responded by developing new emission control technologies.
As a result, new passenger vehicles are 98-99 percent cleaner for most
tailpipe pollutants compared to the 1960s, fuels are much cleaner--lead
has been eliminated, and sulfur levels are more than 90 percent lower
than they were prior to regulation. U.S. cities have much improved air
quality, despite ever increasing population and increasing vehicle
miles traveled, standards have sparked technology innovation from
industry. Today, no areas in the United States are violating the CO
NAAQS primarily due to the cleaner vehicle fleet.
As stated above, North Carolina's oxygenated gasoline program,
which was designed to control CO from vehicles, was moved into the
contingency portion of the Charlotte, Raleigh-Durham and the Winston-
Salem areas' maintenance plans, to be used only if needed. The State
has never needed to trigger implementing the oxygenated gasoline
program. Monitoring from 2008-2011 show that all three areas continue
to be well below (85 percent) the 8-hour CO NAAQS. For these reasons,
EPA proposes to agree with North Carolina's technical demonstration
that removal of the oxygenated gasoline program from the State's
implementation plan would not
[[Page 2113]]
interfere with maintenance of the CO NAAQS in the State or with any
other applicable requirement of the CAA.\8\
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\8\ CAA section 211(m) is an applicable requirement of the CAA
for certain CO nonattainment areas and areas that have been
redesignated to attainment (to the extent necessary for maintenance
of the standard). However, following the expiration of the 20-year
maintenance period (that is, at the end of the second 10-year
maintenance plan period), the area is in attainment for CO and
pursuant to CAA section 211(m)(6), an oxygenated gasoline program is
no longer required by the Act.
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ii. Non-interference Analysis for the Fine Particulate Matter
(PM2.5) NAAQS
Over the course of several years, EPA has reviewed and revised the
PM2.5 NAAQS several times. On July 16, 1997, EPA established
an annual PM2.5 NAAQS of 15.0 micrograms per cubic meter
([mu]g/m\3\), based on a 3-year average of annual mean PM2.5
concentrations, and a 24-hour PM2.5 NAAQS of 65 [mu]g/m\3\,
and based on a 3-year average of the 98th percentile of 24-hour
concentrations. See 62 FR 36852 (July 18, 1997). On September 21, 2006,
EPA retained the 1997 Annual PM2.5 NAAQS of 15.0 [mu]g/m\3\
but revised the 24-hour PM2.5 NAAQS to 35 [mu]g/m\3\, based
again on a 3-year average of the 98th percentile of 24-hour
concentrations. See 71 FR 61144 (October 17, 2006). On December 14,
2012, EPA retained the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/
m\3\ but revised the annual primary PM2.5 NAAQS to 12.0
[mu]g/m\3\, based again on a 3-year average of annual mean
PM2.5 concentrations. See 78 FR 3086 (January 15, 2013).
EPA promulgated designations for the 1997 Annual PM2.5
NAAQS on January 5, 2005 (70 FR 944), and April 14, 2005 (70 FR 19844).
On November 13, 2009 (74 FR 58699), and on January 15, 2015 (80 FR
2206), EPA published notices determining that the entire state of North
Carolina was unclassifiable/attainment for the 2006 daily
PM2.5 NAAQS and the 2012 Annual PM2.5 NAAQS,
respectively.
In North Carolina's March 21, 2018, SIP revision, the State
concluded that the removal of the oxygenated gasoline program would not
interfere with attainment or maintenance of the PM2.5 NAAQS.
The oxygenated gasoline program is not designed to reduce emissions for
PM2.5; therefore, removing it from the North Carolina SIP
will not have any impact on ambient concentrations of PM2.5.
EPA has evaluated the State's analysis and proposes to agree with North
Carolina's technical demonstration that removal of the oxygenated
gasoline program from the State's implementation plan would not
interfere with maintenance of the PM2.5 NAAQS in the State.
iii. Non-Interference Analysis for the 2010 Nitrogen Dioxide
(NO2) NAAQS
The 2010 NO2 NAAQS is set at 100 parts per billion
(ppb), based on the 3-year average of the 98th percentile of the yearly
distribution of 1-hour daily maximum concentrations. The annual
standard of 53 ppb is based on the annual mean concentration. On
February 17, 2012 (77 FR 9532), EPA designated all counties in North
Carolina as unclassifiable/attainment for the 2010 NO2
NAAQS.
Based on the technical analysis in North Carolina's March 21, 2018,
SIP revision, all NO2 monitors in the State are measuring
below the annual NO2 standard, and all near road monitors
are measuring well below the 1-hour NO2 standard. The
oxygenated gasoline program is not designed to reduce emissions for
NO2; therefore, removing it from the North Carolina SIP will
not have any impact on ambient concentrations of NO2. Given
the current unclassifiable/attainment designation and the results of
North Carolina's emissions analysis, EPA proposes to agree with North
Carolina's technical demonstration that removal of the oxygenated
gasoline program from the State's implementation plan would not
interfere with maintenance of the 2010 NO2 NAAQS in the
State.
iv. Non-Interference Analysis for the Ozone NAAQS
On July 18, 1997, EPA promulgated a revised 8-hour ozone standard
of 0.08 ppm. This standard was more stringent than the 1-hour ozone
standard that was promulgated in 1979. On March 12, 2008, EPA revised
both the primary and secondary NAAQS for ozone to a level of 0.075 ppm
to provide increased protection of public health and the environment.
See 73 FR 16436 (March 27, 2008). The 2008 ozone NAAQS retains the same
general form and averaging time as the 0.08 ppm NAAQS set in 1997, but
is set at a more protective level. Under EPA's regulations at 40 CFR
part 50, the 2008 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth highest daily maximum 8-hour average
ambient air quality ozone concentrations is less than or equal to 0.075
ppm. See 40 CFR 50.15. On October 26, 2015 (80 FR 65292), EPA published
a final rule lowering the level of the 8-hour ozone NAAQS to 0.070 ppm.
North Carolina is currently designated attainment statewide for the
all the ozone NAAQS. On November 6, 2017 (82 FR 54232), EPA designated
the entire state of North Carolina attainment/unclassifiable for the
2015 8-hour ozone NAAQS. Additionally, all the counties subject to this
proposed rulemaking were designated ``unclassifiable/attainment'' for
the 2008 8-hour ozone NAAQS on May 21, 2012. See 77 FR 30088.
Given the current unclassifiable/attainment designation and the
results of North Carolina's emissions analysis, EPA proposes to agree
with North Carolina's technical demonstration that removal of the
oxygenated gasoline program from the State's implementation plan would
not interfere with maintenance of the ozone NAAQS in the State.
v. Non-Interference Analysis for the Sulfur Dioxide (SO2)
NAAQS
On June 22, 2010 (75 FR 35520), EPA revised the 1-hour
SO2 NAAQS to 75 ppb which became effective on August 23,
2010. On August 5, 2013 (78 FR 47191), EPA initially designated
nonattainment only in areas with violating 2009-2011 monitoring data.
EPA did not designate any county in North Carolina for the 2010 1-hour
SO2 NAAQS as part of the initial designation. On March 2,
2015, a Consent Decree was entered by order of the United States
District Court for the Northern District of California requiring EPA to
complete designations for the remaining areas in the Country by three
specific deadlines according to a court-ordered schedule.\9\ For North
Carolina, EPA designated the entire state attainment/unclassifiable for
SO2 on December 21, 2017 (effective April 9, 2018 https://www.gpo.gov/fdsys/pkg/FR-2018-01-09/pdf/2017-28423.pdf) except for the
following townships/counties: Beaverdam Township (Haywood County);
Limestone Township (Buncombe County); and Cunningham Township (Person
County). Counties listed above deployed monitors which EPA is required
to designate by December 31, 2020. Also, a portion of Brunswick County
was designated unclassifiable effective in August 2016.
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\9\ Copy of the Consent Decree--http://www.epa.gov/so2designations/pdfs/201503FinalCourtOrder.pdf.
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Based on the technical analysis in North Carolina's March 21, 2018,
SIP revision, the State concluded that removal of the oxygenated
gasoline program would not interfere with attainment or maintenance of
the SO2 NAAQS. The sulfur content in fuel has been
significantly decreased through EPA's Tier 2 and Tier 3 rulemakings
[[Page 2114]]
which tightened engine standards and required that fuel formulations
contain reduced levels of sulfur. See 65 FR 6698 (February 10, 2000)
and 81 FR 23641 (April 22, 2016). Further, the oxygenated gasoline
program is not designed to reduce emissions for SO2,
therefore, removing it from the North Carolina SIP will not have any
impact on ambient concentrations of SO2. For these reasons,
EPA proposes to agree with North Carolina's technical demonstration
that removal of the oxygenated gasoline program from the State's
implementation plan would not interfere with maintenance of the 2010
SO2 NAAQS in the State.
vi. Non-Interference Analysis for 2008 Lead NAAQS
On November 12, 2008 (73 FR 66964), EPA promulgated a revised
primary and secondary lead NAAQS of 0.15 [micro]g/m\3\. Under EPA's
regulations at 40 CFR part 50, the 2008 lead NAAQS are met when the
maximum arithmetic 3-month mean concentration for a 3-year period, as
determined in accordance with Appendix R of 40 CFR part 50, is less
than or equal to 0.15 [micro]g/m\3\. See 40 CFR 50.16. On November 8,
2011 (76 FR 72907), EPA designated the entire State of North Carolina
as unclassifiable/attainment for that NAAQS. North Carolina's ambient
lead levels have remained well below the standard. The oxygenated
gasoline program is not designed to reduce emissions for lead,
therefore, removing it from the North Carolina SIP will not have any
impact on ambient concentrations of lead. For these reasons, EPA
proposes to agree with North Carolina's technical demonstration that
removal of the oxygenated gasoline program from the State's
implementation plan would not interfere with maintenance of the 2008
lead NAAQS in the State.
B. Rules Submitted for Readoption Only
On November 9, 2017, the North Carolina Environmental Management
Commission amended and readopted various air quality rules in 15A NCAC
02D.\10\ The rules that were submitted for readoption with no changes
are contained in Section .0200, Air Pollution Sources as follows: \11\
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\10\ This was done pursuant to the requirements of North
Carolina's General Statute (G.S. 150B-21.3A), adopted by the State
in 2013.
\11\ While these readopted rules contain no changes, the
aforementioned review and readoption made pursuant to G.S. 150B-
21.3A, revises the state effective date of the rules to January 1,
2018.
.0201, Classification of Air Pollution Sources
.0202, Registration of Air Pollution Sources
Because these readopted rules contain no changes to the current
SIP-approved version, EPA is proposing to approve the readopted rules
into the North Carolina SIP.
C. Amended Rules
As noted above, on November 9, 2017, the North Carolina
Environmental Management Commission amended and readopted various air
quality rules in 15A NCAC 02D. The rules that were amended are
contained in Sections .0100, Definitions and References, .0200, Air
Pollution Sources, .0300, Air Pollution Emergencies, and .0400, Ambient
Air Quality Standards. More specifically, the following rules were
amended and updated:
.0101, Definitions
.0103, Copies of Referenced Federal Regulations
.0104, Incorporation by Reference
.0105, Mailing List
.0302, Episode Criteria
.0303, Emission Reduction Plans
.0304, Preplanned Abatement Program
.0305, Emission Reduction Plan: Alert Level
.0306, Emission Reduction Plan: Warning Level
.0307, Emission Reduction Plan: Emergency Level
.0401, Purpose
.0402, Sulfur Oxides
.0404, Carbon Monoxide
.0407, Nitrogen Dioxide
.0408, Lead
.0409, PM10 Particulate Matter
.0410, PM2.5 Particulate Matter
Section .0100, Definitions is amended to update the format of units
and references and Sections .0103, .0104, and .0105 are amended to
update agency name, addresses and to include web referenced documents
and costs.
Section .0300, Air Pollution Emergencies addresses the prevention
of buildup of air contaminants during an air pollution episode to
prevent a public health emergency. Section .0302 is amended to update
the format of units, to update who proclaims air quality alerts and
warnings and declarations of emergency at various pollutant levels
requiring abatement actions from the Director to the Secretary's level
with concurrence of the Governor, to remove obsolete pollutant levels
triggering such proclamations or declarations and to renumber the
subsections as a result of the aforementioned changes. The amendments
to Sections .0303 and .0304 update the format of references for air
pollution alerts, warnings and emergencies. Sections .0305, .0306, and
.0307 are amended to eliminate redundant language in paragraph 4 for
open burning requirements.
Section .0400, Ambient Air Quality Standards contains the ambient
air quality standards and associated monitoring methodologies for the
State that reflect the NAAQS. Specifically, Sections .0401 and .0409,
and .0410 are amended to update the format of references and acronym
changes were made to .0402, .0404, .0407, and .0408.
EPA views all of the above amendments as minor or ministerial and
is proposing to approve these rules, as amended, into the North
Carolina SIP.
III. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the following air quality rules under Subchapter 2D Air
Pollution Control Requirements, Sections .0101, Definitions,.0103,
Copies of Referenced Federal Regulations, .0104, Incorporation by
Reference, .0105, Mailing List, .0201, Classification of Air Pollution
Sources, .0202, Registration of Air Pollution Sources, .0302, Episode
Criteria, .0303, Emission Reduction Plans, .0304, Preplanned Abatement
Program, .0305, Emission Reduction Plan: Alert Level, .0306, Emission
Reduction Plan: Warning Level, .0307, Emission Reduction Plan:
Emergency Level, .0401, Purpose, .0402, Sulfur Oxides, .0404, Carbon
Monoxide, .0407, Nitrogen Dioxide, .0408, Lead, .0409, PM10
Particulate Matter, and .0410, PM2.5 Particulate Matter,
state effective January 1, 2018. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 office (please contact the person identified in
the For Further Information Contact section of this preamble for more
information).
IV. Proposed Action
For the reasons explained above, EPA is proposing to approve North
Carolina's March 21, 2018, SIP revisions seeking to readopt and amend
various air quality rules, and to remove the oxygenated gasoline
program from North Carolina's SIP. With regard to the oxygenated
gasoline program, EPA is proposing to agree with North Carolina's
technical demonstration that removal of the program from the State's
implementation plan will not interfere with continued attainment or
maintenance of any applicable NAAQS or with any other applicable
requirement of the CAA, and that the requirements of CAA section 110(l)
have been satisfied. Specifically, EPA is
[[Page 2115]]
proposing to remove oxygenated gasoline rules under Subchapter 2D,
Sections .1300, .1301, .1302, .1303, .1304 and .1305 in their entirety
from the North Carolina SIP.
EPA is also proposing to approve North Carolina's March 21, 2018,
SIP revision for the readoption without changes of the rules identified
in Supchapter 2D, Section .0200 and for the minor amendments to rules
identified in Sections .0100, .0300, .0400.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, these proposed actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 17, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-01112 Filed 2-5-19; 8:45 am]
BILLING CODE 6560-50-P
