[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47387-47390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18247]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0515; FRL-8852-02-R4]


Air Plan Approval; North Carolina; Revision to Approved Motor 
Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the North Carolina State Implementation Plan (SIP), 
submitted on July 16, 2020, by the State of North Carolina, through the 
North Carolina Department of Environment and Natural Resources, 
Division of Air Quality (NCDAQ) for the purpose of allocating a portion 
of the available 2026 safety margin in the 2008 8-hour Ozone 
Maintenance Plan to the 2026 nitrogen oxides (NOX) and 
volatile organic compounds (VOC) motor vehicle emissions budgets 
(``MVEBs'' or ``budgets'') for the North Carolina portion of the 
Charlotte-Rock Hill, NC-SC bi-state Area (hereinafter referred to as 
the ``North Carolina portion of the Charlotte Maintenance Area'') to 
account for uncertainty associated with the mobile emissions model and 
unanticipated growth in vehicle miles traveled for the North Carolina 
portion of the Charlotte Maintenance Area. The revision also updates 
the 2026 MVEBs which are used for transportation conformity. NCDAQ's 
July 16, 2020, submission supplements the revised 2008 8-hour Ozone 
Maintenance Plan submitted by NCDAQ on July 25, 2018, and approved by 
EPA on September 11, 2019. EPA is approving North Carolina's July 16, 
2020, supplemental SIP revision pursuant to the Clean Air Act (CAA or 
Act) and deeming the MVEBs adequate for transportation conformity 
purposes because the SIP meets all the statutory and regulatory 
requirements.

DATES: This rule is effective September 24, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0515. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9207. Ms. Dianna Myers can also be reached via electronic 
mail at Myers.Dianna@epa.gov.

SUPPLEMENTARY INFORMATION:

I. This Action

    EPA is approving NCDAQ's July 16, 2020, SIP revision allocating a 
portion of the available safety margin to revise the 2026 
NOX and VOC budgets for the North Carolina portion of 
Charlotte 2008 8-hour Ozone Maintenance Area for transportation 
conformity purposes. NCDAQ requested approval of the July 16, 2020, SIP 
revision in order to account for unanticipated changes in the travel 
demand model, such as unanticipated growth in vehicle miles traveled, 
changes and uncertainty in vehicle mix assumptions, and uncertainty 
associated with mobile emissions modeling.
    Upon approval, the revised 2026 budgets from NCDAQ's July 16, 2020, 
SIP revision will replace the existing budgets in the State's 2008 8-
hour Ozone Maintenance Plan revision approved on September 11, 2019. 
See 84 FR 47889. These newly revised NOX and VOC 2026 
budgets must be used in future transportation conformity analyses for 
the Area according to the transportation conformity rule. See 40 CFR 
93.118. Also, all emissions inventories (on-road, point, area, and 
nonroad) from NCDAQ's September 11, 2019, SIP revision remain the same. 
This action only approves the allocation of a portion of the available 
safety margin to the 2026 NOX and VOC MVEBs. EPA is 
approving North Carolina's July 16, 2020, SIP revision because it 
continues to demonstrate maintenance for the Charlotte Maintenance 
Area.

II. Background

    Effective July 20, 2012, EPA designated the Charlotte-Rock Hill, 
NC-SC Area as Marginal nonattainment for the 2008 8-hour ozone national 
ambient air quality standard (hereinafter referred to as NAAQS or 
standard). The North Carolina portion of the Charlotte 2008 Maintenance 
Area includes Mecklenburg in its entirety and portions of Cabarrus, 
Gaston, Iredell, Lincoln, Rowan, and Union counties. The Charlotte 
Maintenance Area also includes a portion of York County located in Rock 
Hill, South Carolina. See 77 FR 30088. The North Carolina portion of 
the Charlotte Maintenance Area is comprised of three metropolitan 
planning organizations (MPOs): The Charlotte Regional Transportation 
Planning Organization (CRTPO) which covers Iredell, Mecklenburg, and 
Union counties; the Cabarrus-Rowan Metropolitan Planning Organization 
(CRMPO) which covers Cabarrus and Rowan counties; and the Gaston-
Cleveland-Lincoln Metropolitan

[[Page 47388]]

Planning Organization (GCLMPO) which covers Gaston, Cleveland, and 
Lincoln counties. Although Cleveland County is included in the GCLMPO 
planning boundary, it was not included in the North Carolina portion of 
the Charlotte Maintenance Area. Each MPO has its own budget referred to 
as a ``sub-area budget or sub-area MVEBs.'' The York County, South 
Carolina portion of this maintenance area has a separate MPO and 
budgets. The South Carolina portion of the maintenance area implements 
transportation conformity independent of the North Carolina portion.
    EPA originally approved NCDAQ's 2008 8-hour ozone redesignation 
request and maintenance SIP for the North Carolina portion of the 
Charlotte Maintenance Area on July 28, 2015 (80 FR 44873), with base 
year NOX and VOC actual emissions inventories for 2014; 
projected, future, interim year inventories for 2015, 2018, and 2022; 
and projected final year emission inventory for 2026. On August 17, 
2015 (80 FR 49164), EPA approved North Carolina's section 110(l) 
noninterference demonstration requesting relaxation of the Federal Reid 
Vapor Pressure from 7.8 pounds per square inch (psi) to 9.0 psi and a 
revision to the 2026 NOX and VOC sub-area MVEBs for 
Mecklenburg and Gaston Counties only. See 80 FR 44868.
    On September 11, 2019 (84 FR 47889), EPA approved NCDAQ's July 25, 
2018, SIP revision related to North Carolina's I/M Program. The 
September 11, 2019, SIP approval updated the on-road mobile source 
inventory and revised the 2026 sub-area VOC and NOX budgets; 
these remain the current SIP-approved MVEBs and inventories. The 
revised 2026 MVEBs became effective on October 11, 2019.
    EPA's analysis of North Carolina's July 16, 2020, SIP submittal 
indicates that maintenance will continue to be demonstrated for the 
Charlotte Maintenance Area after allocation of a portion of the safety 
margin to the 2026 MVEBs because the total level of emissions from all 
source categories remains equal to or less than the attainment level of 
emissions.
    In a notice of proposed rulemaking (NPRM), published in the Federal 
Register on June 23, 2021 (86 FR 32850), EPA proposed to approve the 
July 16, 2020, SIP revision. The details of North Carolina's submittal 
and the rationale for EPA's action are further explained in the NPRM. 
Comments on the June 23, 2021, NPRM were due on or before July 23, 
2021. EPA did not receive any comments.
    Tables 1 through 3, below, provide the newly revised 2026 
NOX and VOC sub-area MVEBs with the new safety margin \1\ 
allocations in kilograms per day (kg/day) for transportation conformity 
purposes (2014 is only shown for illustration because no changes are 
being made to the MVEBs for that year).
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    \1\ A safety margin is the difference between the attainment 
level of emissions from all source categories (i.e., point, area, 
on-road, and nonroad) and the projected level of emissions in the 
maintenance year from all source categories.

            Table 1--Cabarrus Rowan Metropolitan Planning Organization (CRMPO) MVEBs in 2014 and 2026
                                                   [kg/day] *
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                                                     2014 NOX        2014 VOC        2026 NOX        2026 VOC
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Base On-road Emissions..........................          11,814           7,173           3,381           3,371
Safety margin allocated to MVEB.................  ..............  ..............           1,522           1,517
Conformity MVEB.................................          11,814           7,173           4,903           4,888
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* Includes the portion of Cabarrus and Rowan Counties in the maintenance area.


      Table 2--Gaston-Cleveland-Lincoln Metropolitan Planning Organization (GCLMPO) MVEBs in 2014 and 2026
                                                   [kg/day] *
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                                                     2014 NOX        2014 VOC        2026 NOX        2026 VOC
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Base On-road Emissions..........................          10,079           5,916           2,681           2,468
Safety margin allocated to MVEB.................  ..............  ..............           1,087           1,004
Conformity MVEB.................................          10,079           5,916           3,768           3,472
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* Includes the portion of Gaston and Lincoln counties in the maintenance area. Although Cleveland County is
  included in the MPO, it is not included in the Charlotte ozone maintenance area.


      Table 3--Charlotte Regional Transportation Planning Organization (CRTPO)--Rocky River Rural Planning
                                   Organization (RRRPO) MVEBs in 2014 and 2026
                                                   [kg/day] *
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                                                     2014 NOX        2014 VOC        2026 NOX        2026 VOC
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Base On-road Emissions..........................          32,679          18,038           8,870           8,655
Safety margin allocated to MVEB.................  ..............  ..............           3,371           3,288
Conformity MVEB.................................          32,679          18,038          12,241          11,943
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* Includes all of Mecklenburg County and a portion of Iredell and Union Counties in the maintenance area.

    The remaining safety margin after the allocation to the 2026 MVEBs 
is 63.31 tons per day (tons/day) and 13.73 tons/day for NOX 
and VOC, respectively is provided below in Table 4.

[[Page 47389]]



          Table 4--New Safety Margins for the North Carolina Portion of the Charlotte Maintenance Area
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                                                                                    NOX  (tons/     VOC  (tons/
                                      Year                                             day)            day)
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2014............................................................................             N/A             N/A
2015............................................................................           -5.99           -2.03
2018............................................................................          -45.49          -13.30
2022............................................................................          -63.74          -15.84
2026............................................................................          -63.31          -10.73
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III. Final Action

    EPA has evaluated North Carolina's submittal and has determined 
that it meets the applicable requirements of the CAA and EPA 
regulations, and is consistent with EPA policy.
    Therefore, EPA is approving NCDAQ's July 16, 2020 SIP revision 
requesting to revise the Charlotte 2008 8-hr Ozone Maintenance Plan in 
order to allocate a portion of the available safety margin to the 2026 
NOX and VOC MVEBs. The revised MVEBs ensure continued 
attainment of the 2008 8-hour ozone NAAQS through the maintenance year 
2026. In addition, EPA is deeming the MVEBs adequate for transportation 
conformity purposes because the budgets meet the adequacy criteria in 
the conformity rule at 40 CFR 93.118(e)(4). Within 24 months from the 
effective date of this approval, the transportation partners are 
required to demonstrate conformity to the revised NOX and 
VOC MVEBs pursuant to 40 CFR 93.104(e).

IV. 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 they meet the criteria of the CAA. This action merely approves 
state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994). 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 25, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 18, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart II--North Carolina

0
2. In section 52.1770 in paragraph (e) amend the table by adding a new 
entry for ``MVEB Revision to the 2008 8-hour ozone Maintenance Plan for 
the North Carolina portion of the bi-state Charlotte Area'' at the end 
of the table to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

[[Page 47390]]



                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                             State       EPA approval       Federal Register
               Provision                effective date       date               citation            Explanation
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                                                  * * * * * * *
MVEB Revision to the 2008 8-hour ozone       7/16/2020       8/25/2021  [Insert citation of       ..............
 Maintenance Plan for the North                                          publication].
 Carolina portion of the bi-state
 Charlotte Area.
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[FR Doc. 2021-18247 Filed 8-24-21; 8:45 am]
BILLING CODE 6560-50-P


