Approval and Promulgation of Implementation Plans North Carolina: Approval of Revisions to North Carolina Regulations for Oxygenated Gasoline Program

Patrick M. Tobin
Environmental Protection Agency
30 June 1994

[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15254]


[[Page Unknown]]

[Federal Register: June 30, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-056-6068a; FRL-4999-4]

 

Approval and Promulgation of Implementation Plans North Carolina: 
Approval of Revisions to North Carolina Regulations for Oxygenated 
Gasoline Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the North Carolina State 
Implementation Plan (SIP). On November 20, 1992, the State of North 
Carolina through the North Carolina Department of Environmental 
Management (NCDEM) submitted revisions to its SIP. These revisions will 
add regulations to implement an oxygenated gasoline program in the 
Raleigh/Durham and the Winston-Salem/Greensboro/High Point metropolitan 
statistical areas (MSA). This plan was submitted to satisfy the 
requirements of the Clean Air Act as amended in 1990. The intended 
effect of this action is to approve the oxygenated gasoline program.

DATES: This final rule will be effective August 29, 1994, unless EPA 
receives adverse or critical comments by August 1, 1994. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Comments may be mailed to Benjamin Franco at the EPA Region 
IV address. Copies of the material submitted by the State of North 
Carolina and incorporated by reference may be examined during normal 
business hours at the following locations:

Air and Radiation Docket and Information Center (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
Environmental Protection Agency, Region IV Air Programs Branch, 345 
Courtland Street, Atlanta, Georgia 30365.
State of North Carolina, Department of Environment, Health, and Natural 
Resources, Division of Environmental Management, 512 North Salisbury 
Street, Raleigh, North Carolina 27604.

FOR FURTHER INFORMATION CONTACT: Benjamin Franco of the EPA Region IV 
Air Programs Branch at (404) 347-2864 and at the address indicated in 
the Addresses section.

SUPPLEMENTARY INFORMATION: Motor vehicles are significant sources of CO 
emissions. An important measure toward reducing these emissions is the 
use of cleaner-burning oxygenated gasoline. Extra oxygen enhances fuel 
combustion and helps to offset fuel-rich operating conditions, 
particularly during vehicle starting, which are more prevalent in the 
winter. Section 211(m) of the Act requires that various states submit 
revisions to their SIPs, and implement oxygenated gasoline programs by 
no later than November 1, 1992. This requirement applies to all states 
with carbon monoxide nonattainment areas with design values of 9.5 
parts per million or more based generally on 1988 and 1989 air quality 
data. Each state's oxygenated gasoline program must require gasoline 
for the specified control area(s) to contain not less than 2.7 percent 
oxygen by weight during that portion of the year in which the areas are 
prone to high ambient concentrations of CO. The oxygenated gasoline 
requirements are to generally cover all gasoline sold or dispensed in 
the larger of the Consolidated Metropolitan Statistical Area (CMSA) or 
the Metropolitan Statistical Area (MSA) in which the nonattainment area 
is located. The length of the control period, established by section 
211(m) of the Act, is from November 1 through February 29. Also, 
guidelines on the establishment of control periods were published in 
the Federal Register on October 20, 1992. The State of North Carolina 
implemented the program during November 1992 through February 1993 and 
November 1993 through February 1994.
    The counties of Durham and Wake (Raleigh/Durham) and Forsyth 
(Winston-Salem) in the State of North Carolina are designated 
nonattainment for CO and classified as moderate with a design value of 
10.9 and 9.7 parts per million, respectively, based on 1988 and 1989 
air quality data. Under section 211(m) of the Act, North Carolina was 
required to submit a revised SIP under section 110 and part D of title 
I of the Act which includes an oxygenated gasoline program for Raleigh/
Durham MSA and the Winston-Salem/Greensboro/High Point MSA by November 
15, 1992. On November 20, 1992, the NCDEM submitted to EPA a revised 
SIP including the oxygenated gasoline program that was adopted by the 
state on July 9, 1992 and June 26, 1992. EPA summarizes its analysis of 
the state submittal below.
    The North Carolina oxygenated gasoline regulations require 
oxygenated gasoline, containing a minimum of 2.7 percent oxygen content 
by weight, be sold in the MSA in which each nonattainment area is 
located, consistent with the requirements of section 211(m)(2) of the 
Act. North Carolina has included requirements in their rules related to 
documentation that must accompany the fuel while it is being 
transferred through the distribution chain. These transfer document 
requirements will enhance the enforcement of the oxygenated gasoline 
regulation, by providing a paper trail for each gasoline sample taken 
by state enforcement personnel.
    State oxygenated gasoline regulations will be enforced by the 
Standards Division of the North Carolina Department of Agriculture. The 
Standard Division has agreed to inspect, a minimum of one time per 
season, 40 percent of all retail gasoline stations located in the 
program area. The inspections will consist of fuel sampling and record 
review. The Standards Division has the authority to stop the sale of 
the product and give fines. The fine will be calculated by multiplying 
the amount of fuel found in violation by the price difference between 
oxygenated and clear gasoline and then doubled. EPA's sampling 
procedures are detailed in appendix D of 40 CFR part 80. North Carolina 
has elected to use the ASTM-D48150989 test method, which has been 
approved by EPA. North Carolina is using the same testing tolerances 
established by EPA. Additionally, North Carolina has adopted labeling 
regulations consistent with the Federal regulation.

Final Action

    EPA is approving the regulation because it meets all applicable 
requirements for oxygenated fuel programs. This action is being taken 
without prior proposal because the changes are noncontroversial and EPA 
anticipates no significant comments on them. This action will become 
effective on August 29, 1994, unless adverse comments are received by 
August 1, 1994. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on the proposed rule (please see short 
informational notice published, simultaneously, in the proposal section 
of this Federal Register).
    Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions 
for judicial review of this action must be filed in the United States 
Court of Appeals for the appropriate circuit by August 29, 1994. Filing 
a petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for 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) of the Act, 42 
U.S.C. 7607(b)(2).)
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for two years. The 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
such time as it rules on EPA's request. This request continued in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. section 7410(a)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: May 16, 1994.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Regulations, is amended 
as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart II--North Carolina

    2. Section 52.1770 is amended by adding paragraph (c)(68) to read 
as follows:


Sec. 52.1770  Identification of plan.

* * * * *
    (c) * * *
    (68) The North Carolina Department of Environmental Management 
submitted an Oxygenated Fuel program as part of North Carolina carbon 
monoxide SIP on November 20, 1992.
    (i) Incorporation by reference.
    (A) The North Carolina Environmental Commission regulations 15A 
NCAC 2D.1301 through .1305 effective September 1, 1992.
    (B) The North Carolina Gasoline and Oil Board section .0800 through 
.0806 effective September 1, 1992.
    (ii) Other material. None.

[FR Doc. 94-15254 Filed 6-29-94; 8:45 am]
BILLING CODE 6560-50-P