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

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]

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