[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Rules and Regulations]
[Pages 44890-44893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17833]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0140; FRL- 9835-7]


Approval and Promulgation of Implementation Plans; North 
Carolina; Control Techniques Guidelines and Reasonably Available 
Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On May 1, 2013, the State of North Carolina, through the North 
Carolina Department of Environment and Natural Resources (NC DENR), 
submitted to EPA a state implementation plan (SIP) revision to satisfy 
North Carolina's commitment associated with the conditional approval of 
its reasonably available control technology (RACT) requirements for 
volatile organic compound (VOC) sources located in the North Carolina 
portion of the Charlotte--Gastonia--Rock Hill, North Carolina--South 
Carolina 1997 8-hour ozone nonattainment area (hereafter referred to as 
the ``bi-state Charlotte Area''). The NC DENR May 1, 2013, SIP revision 
also includes additional changes to North Carolina's RACT rules. EPA is 
taking final action to approve a number of these SIP changes to the 
State's RACT rules and to convert the existing conditional approval of 
VOC RACT provisions in the North Carolina SIP to a full approval under 
the Clean Air Act (CAA or Act). EPA has evaluated the changes to North 
Carolina's SIP, and has made the determination that those being 
approved through this action are consistent with statutory and 
regulatory requirements and EPA guidance.

DATES: Effective Date: This rule will be effective August 26, 2013

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2009-0140. All documents in the docket 
are listed on the www.regulations.gov Web site. 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 Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management 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: Jane Spann, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9029. Ms. Spann can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On April 30, 2004, EPA designated the bi-state Charlotte Area as a 
moderate nonattainment area with respect to the 1997 8-hour ozone 
NAAQS.\1\ See 69 FR 23858. The bi-state Charlotte Area for the 1997 8-
hour ozone NAAQS includes six full counties and one partial county in 
North Carolina; and one partial county in South Carolina. The North 
Carolina portion of the bi-state Charlotte Area consists of Cabarrus, 
Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell 
County which includes Davidson and Coddle Creek

[[Page 44891]]

Townships.\2\ The South Carolina portion of the bi-state Charlotte Area 
consists of the portion of York County that falls within the Rock Hill-
Fort Mill Area Transportation Study Metropolitan Planning Organization 
Area. As a result of this moderate nonattainment designation, North 
Carolina and South Carolina were required to amend their SIPs for their 
respective portions of the bi-state Charlotte Area to satisfy the 
requirements of section 182 of the CAA. Today's action specifically 
addresses the North Carolina portion of the bi-state Charlotte Area for 
the 1997 8-hour ozone NAAQS. EPA approved the RACT requirements for the 
South Carolina portion of the bi-state Charlotte Area on November 28, 
2011. See 76 FR 72844.
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    \1\ Portions of the bi-state Charlotte Area were previously 
designated as a moderate nonattainment area for the 1-hour ozone 
NAAQS. The Area was subsequently redesignated to attainment for the 
1-hour ozone NAAQS, and a maintenance plan was approved into the 
North Carolina SIP. The original Charlotte-Gastonia, North Carolina 
1-hour moderate ozone nonattainment area consisted of Mecklenburg 
and Gaston counties in North Carolina.
    \2\ Effective July 20, 2012, EPA designated one full county and 
six partial counties in the bi-state Charlotte area as a marginal 
nonattainment area for the 2008 8-hour ozone NAAQS. Today's final 
rulemaking regarding RACT is not related to requirements for the 
2008 8-hour ozone NAAQS.
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    Section 172(c)(1) of the CAA requires SIPs to provide for the 
implementation of all reasonably available control measures (RACM) as 
expeditiously as practicable. RACT, a subset of RACM, relates 
specifically to stationary point sources. Section 182(b)(2) of the CAA 
requires states to adopt RACT rules for all areas designated 
nonattainment for ozone and classified as moderate or above. The three 
parts of the section 182(b)(2) RACT requirements are: (1) RACT for 
sources covered by an existing control techniques guideline (CTG) 
(i.e., a CTG issued prior to enactment of the 1990 amendments to the 
CAA); (2) RACT for sources covered by a post-enactment CTG; and (3) all 
major sources not covered by a CTG (i.e., non-CTG sources). Pursuant to 
40 CFR 51.165, a major source for a moderate ozone area is a source 
that emits 100 tons per year (tpy) or more of VOC or NOX. 
\3\ \4\ If no major sources of VOC or NOX emissions (each 
pollutant should be considered separately) in a particular source 
category exist in an applicable nonattainment area, a state may submit 
a negative declaration for that category.
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    \3\ The emission threshold is based on an area's nonattainment 
designation classification. Section 182 of the CAA and 40 CFR 51.912 
(b) define ``major source'' for ozone nonattainment areas to include 
sources which emit or which have the potential to emit 100 tpy or 
more of VOC or NOX (ozone precursors) in areas classified 
as ``marginal'' or ``moderate,'' 50 tons per year (tpy) or more of 
these ozone precursors in areas classified as ``serious,'' 25 tpy or 
more of these ozone precursors in areas classified as ``severe,'' 
and 10 tpy or more of these ozone precursors in areas classified as 
``extreme.'' The bi-state Charlotte Area for the 1997 8-hour ozone 
NAAQS is a moderate nonattainment area.
    \4\ Section 182(b)(2) also requires that all CTG source category 
sources, including those with less than 100 tpy emissions, meet 
RACT. CTG sources are addressed later in this document.
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    On March 13, 2013, EPA proposed to approve in part, and 
conditionally approve in part, numerous SIP revisions provided by NC 
DENR to address NOX and VOC RACT requirements. See 78 FR 
15895. No comments were received on EPA's March 13, 2013, proposed 
rulemaking and on May 9, 2013, EPA took final action to approve, in 
part, and conditionally approve in part, North Carolina SIP revisions 
submitted on October 14, 2004, April 6, 2007, June 15, 2007, January 
31, 2008, November 19, 2008, September 18, 2009, February 3, 2010, 
April 6, 2010, and November 9, 2010, to address NOX RACT, 
VOC RACT and CTG requirements.
    NC DENR submitted a SIP revision on May 1, 2013, to address 
deficiencies with the State's VOC RACT rules as identified in the EPA 
May 9, 2013, conditional approval of North Carolina VOC RACT rules 15A 
NCAC 02D.0902 (hereafter ``.0902''), 15A NCAC 02D.0909 (hereafter 
``.0909''), 15A NCAC 02D.0951 (hereafter ``.0951''), 15A NCAC 02D.0961 
(hereafter ``.0961'') and 15A NCAC 02D.0962 (hereafter ``.0962'').\5\ 
North Carolina's May 1, 2013, SIP revision also included changes to 
rule 15A NCAC 02D.0903 (hereafter ``.0903'').\6\ On June 7, 2013, EPA 
proposed to approve portions of North Carolina's May 1, 2013, SIP 
revision which included changes to the State's RACT rules to correct 
deficiencies and add new changes. See 78 FR 34306. EPA did not receive 
any comments, adverse or otherwise, on the June 7, 2013, proposed 
rulemaking related to North Carolina's May 1, 2013, SIP revision.
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    \5\ Although published on May 9, 2013, EPA's conditional 
approval final action was signed on April 29, 2013, prior to the 
Agency's receipt of the May 1, 2013, North Carolina submission to 
address the State's conditional approval commitments.
    \6\ A change to rule 15A NCAC 02Q.0102 (hereafter ``.0102'') is 
also included in the May 1, 2013, SIP revision. In today's 
rulemaking, EPA is not taking action on North Carolina's changes to 
rule .0102. EPA will contemplate action on these changes in a 
separate action.
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    For more information regarding the RACT requirements, including 
requirements and schedules for sources covered by CTGs, see EPA's March 
13, 2013, proposed rulemaking (78 FR 15895), the May 9, 2013, final 
rulemaking (78 FR 27065) and the June 7, 2013, proposed rulemaking 
related to this final action at 78 FR 34306.

II. This Action

    EPA is approving portions of the May 1, 2013, SIP revision 
submitted to EPA by the State of North Carolina, through NC DENR, to 
address the NOX RACT requirements for the North Carolina 
portion of the bi-state Charlotte Area. Specifically, EPA is approving 
the entirety of the May 1, 2013, SIP revision with the exception of the 
revisions related to section .0102. Because EPA is approving these 
revisions to the State's RACT rules, the Agency is also, through this 
action, converting the existing conditional approval of VOC RACT 
provisions in the North Carolina SIP to a full approval under the CAA. 
These SIP revisions, along with revisions approved on May 9, 2013, (78 
FR 27065) establish the RACT requirements for the major sources located 
in the North Carolina portion of the bi-state Charlotte Area. In a 
separate rulemaking, EPA has already taken action on RACT and CTG 
requirements for the South Carolina portion of the bi-state Charlotte 
Area.

III. Final Action

    EPA is taking final action to approve portions of the May 1, 2013, 
SIP revision to the State's RACT rules and converting the existing 
conditional approval of VOC RACT provisions in the North Carolina SIP 
to a full approval under the CAA. Together, this SIP revision, and 
those referenced in the May 9, 2013, (78 FR 27065) action establish the 
RACT requirements for the major sources located in the North Carolina 
portion of the bi-state Charlotte Area. EPA is taking final action on 
the May 1, 2013, SIP revision because it is consistent with the CAA and 
requirements related to VOC and NOX RACT.

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. 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. Accordingly, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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

[[Page 44892]]

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).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not 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 September 23, 2013. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 12, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended 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. Section 52.1770(c) Table 1, is amended under Subchapter 2D at 
section .0900 by revising the entries for ``Sect .0902,'' ``Sect 
.0903,'' ``Sect .0951,'' ``Sect .0961,'' ``Sect .0962,'' to read as 
follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
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                                                         State
       State citation            Title/subject      effective date    EPA approval date         Explanation
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                                Subchapter 2D Air Pollution Control Requirements
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                                                  * * * * * * *
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                                    Section .0900 Volatile Organic Compounds
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                                                  * * * * * * *
Sect .0902.................  Applicability........        5/1/2013  7/25/13, [Insert       This approval does
                                                                     citation of            not include the
                                                                     publication].          start-up shutdown
                                                                                            language as
                                                                                            described in Section
                                                                                            II.A.a. of EPA's 3/
                                                                                            13/2013 proposed
                                                                                            rule (78 FR 15895).
Sect .0903.................  Recordkeeping:               5/1/2013  7/25/13, [Insert
                              Reporting,                             citation of
                              Monitoring.                            publication].
 
                                                  * * * * * * *
Sect .0909.................  Compliance Schedules         5/1/2013  7/25/13, [Insert       .....................
                              for Sources in                         citation of
                              Nonattainment Areas.                   publication].
 
                                                  * * * * * * *
Sect .0951.................  RACT for Sources of          5/1/2013  7/25/13, [Insert       .....................
                              Volatile Organic                       citation of
                              Compounds.                             publication].
 

[[Page 44893]]

 
                                                  * * * * * * *
Sect .0961.................  Offset Lithographic          5/1/2013  7/25/13, [Insert       .....................
                              Printing and                           citation of
                              Letterpress Printing.                  publication].
Sect .0962.................  Industrial Cleaning          5/1/2013  7/25/13, [Insert       .....................
                              Solvents.                              citation of
                                                                     publication].
 
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[FR Doc. 2013-17833 Filed 7-24-13; 8:45 am]
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