North Carolina Clean Air Act Sections 193 and 110(l) Noninterference Demonstration for Repeal of 15A NCAC 02D .1300, Oxygenated Gasoline Standard

The “North Carolina Clean Air Act Sections 193 and 110(l) noninterference demonstration for repeal of 15A NCAC 02D Section .1300 rules, Oxygenated Gasoline Standard” will be submitted to EPA in February 2018 with the revised rule submission.  The 02D .1300 rules are undergoing the Administrative Procedures Act Process as required under Group 1 of re-adoption of 15A NCAC 02D consistent with the provisions of G.S. 1508-21.3A.  The Narrative and Public Notice Report are available through the following links:

• Narrative (PDF document)
• Attachment A - Public Notice Report (PDF Document)

The rules being repealed include:

        15A NCAC 02D .1301, Purpose
        15A NCAC 02D .1302, Applicability
        15A NCAC 02D .1303, Definitions
        15A NCAC 02D .1304, Oxygen Content Standard
        15A NCAC 02D .1305, Measurement and Enforcement

The oxygenated gasoline standard rules codified at 15A NCAC 02D Section .1300 were adopted by North Carolina and included as a contingency measure in the limited maintenance plan for the Charlotte, Raleigh/Durham, and Winston-Salem metropolitan areas for the 8-hour carbon monoxide (CO) national ambient air quality standard (NAAQS). The DAQ identified the rules contained in sections 15A NCAC 02D .1300 as outdated and unnecessary because the CO limited maintenance plan for the Charlotte, Raleigh/Durham, and Winston-Salem areas ended in 2015 and EPA has revised the designation for each area to “attainment.” Also, the entire state of North Carolina has been in attainment with the CO NAAQS for over 20 years and ambient CO levels remain very low statewide.  In addition, the DAQ’s assessment reveals that repealing the 15A NCAC 02D .1300 rules will not increase CO, nitrogen oxide, or total hydrocarbon vehicle exhaust emissions because the oxygenated gasoline standard rules were never implemented due to the success of the foundation control measures included in the plan.  For these reasons, the DAQ concludes that repeal of the 15A NCAC 02D .1300 rules will not interfere with continued attainment or maintenance of any applicable NAAQS.