[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58184-58186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22965]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0140; FRL-9901-10-Region 4]


Approval and Promulgation of Implementation Plans; North 
Carolina; Removal of Stage II Gasoline Vapor Recovery Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve changes to the North 
Carolina State Implementation Plan (SIP) submitted by the State of 
North Carolina Department of Environment and Natural Resources (NC 
DENR), Division of Air Quality on September 18, 2009, for the purpose 
of removing Stage II vapor control requirement contingency measures for 
new and upgraded gasoline dispensing facilities in the State. The 
September 18, 2009, SIP revision also addresses several non-Stage II 
related rule changes. However, action on the other portions for the 
September 18, 2009, SIP revision is being addressed in a separate 
rulemaking action. EPA has determined that North Carolina's September 
18, 2009, SIP revision regarding the Stage II vapor control 
requirements is approvable because it is consistent with the Clean Air 
Act (CAA or Act).

DATES: Effective Date: This rule will be effective October 23, 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 to 4:30 excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding this action, 
contact Ms. Kelly Sheckler, 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. Ms. Sheckler's telephone number is (404) 
562-9222; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Background

    EPA, under the CAA Amendments of 1990, designated (pursuant to 
section 107(d)(1)) and classified certain counties in North Carolina, 
either in their entirety or portions thereof, as ``moderate'' ozone 
nonattainment areas for the 1-hour ozone national ambient air quality 
standards (NAAQS). Specifically, the Charlotte-Gastonia Area (comprised 
of Gaston and Mecklenburg Counties); the Greensboro-Winston-Salem-High 
Point Area (comprised of Davidson, Davis (partial), Forsyth and 
Guilford Counties); and the Raleigh-Durham Area (comprised of Durham, 
Granville (partial), and Wake Counties) were all designated as 
``moderate'' ozone nonattainment areas for the 1-hour ozone NAAQS. The 
designations were based on the Areas' 1-hour ozone design values for 
the 1987-1989 three-year period. The ``moderate'' classification 
triggered various statutory requirements for these Areas including the 
Stage II vapor recovery requirements pursuant to section 182(b)(3) of 
the CAA.

[[Page 58185]]

    Prior to the deadline for implementing the requirements of section 
182(b)(3) of the CAA, the Charlotte-Gastonia, Greensboro-Winston-Salem-
High Point and Raleigh-Durham Areas in North Carolina attained the 1-
hour ozone NAAQS. North Carolina had implemented all measures then 
required for moderate ozone nonattainment areas under the CAA, and with 
three years of data (1990-1992), demonstrated compliance with the 1-
hour ozone NAAQS.
    Subsequently, NC DENR submitted to EPA 1-hour ozone maintenance 
plans and requests for redesignation for the three moderate 
nonattainment areas. As part of the associated 1-hour ozone maintenance 
plans for these areas, North Carolina provided contingency measures 
that included regulation 15A North Carolina Administrative Code (NCAC) 
02D.0953 (hereafter referred to as rule .0953), entitled Vapor Return 
Piping for Stage II Vapor Recovery, for all new or improved gasoline 
tanks, and 15A NCAC 02D.0954 (hereafter referred to as rule .0954), 
entitled Stage II Vapor Recovery. These contingency measures were never 
activated as the Areas all continued to attain the 1-hour ozone NAAQS. 
EPA approved the redesignation requests and the maintenance plans for 
the Charlotte-Gastonia Area on July 5, 1995 (60 FR 34859), the 
Greensboro-Winston-Salem-High Point Area on September 9, 1993 (58 FR 
47391), and the Raleigh-Durham Area on April 18, 1994 (59 FR 18300).
    On September 18, 2009, NC DENR submitted a SIP revision to remove 
Stage II vapor control contingency measure requirements from the 1-hour 
maintenance plans for the Charlotte-Gastonia, Greensboro-Winston-Salem-
High Point, and Raleigh-Durham Areas. In addition, the removal of rules 
.0953 and .0954 necessitated amendments of rules 15A NCAC 02D.0902(d)--
Applicability (hereafter referred to as rule .0902(d)), 15A NCAC 
02D.0909--Compliance schedules for Sources in new nonattainment Areas 
(hereafter referred to as rule .0909), and 15A NCAC 02D.0952--Petitions 
for Alterative Controls for RACT (hereafter referred to as rule .0952) 
in North Carolina's SIP.\1\ Accordingly, NC DENR's September 18, 2009, 
SIP revision also changes rules .0902(d), .0909, and .0952 to remove 
subparagraphs referencing the repealed Stage II rules .0953 and .0954.
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    \1\ North Carolina's SIP revision also make changes to Rule 15A 
NCAC 02Q.0102--Activities Exempted from permit requirements 
regarding New Source Performance Standards and Rule 15A NCAC 
02D.1110--National Emission Standards for Hazardous Air Pollutants. 
EPA is not taking action in today's action to approve these changes 
and these rules are not currently part of North Carolina's 
federally-approved SIP.
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    On June 7, 2013, EPA published a proposed rulemaking to approve 
North Carolina's September 18, 2009, SIP revision related to Stage II. 
Detailed background for today's final rulemaking can be found in EPA's 
June 7, 2013, proposed rulemaking. See 78 FR 34303. The comment period 
for this proposed rulemaking closed on July 8, 2013. EPA did not 
receive any comments, adverse or otherwise, during the public comment 
period.

II. Final Action

    EPA is taking final action to approve the SIP revision submitted by 
North Carolina for the purpose of removing Stage II vapor control 
contingency measure requirements for new and upgraded gasoline 
dispensing facilities in the Charlotte-Gastonia, Greensboro-Winston-
Salem-High Point, and Raleigh-Durham Areas. Specifically, this action 
removes Stage II rules .0953 and .0954 from the North Carolina SIP, and 
amends rules .0902(d), .0909, and .0952 to reflect the removal of rules 
.0953 and .0954 in the State's implementation plan. EPA has determined 
that North Carolina's September 18, 2009, SIP revision related to the 
State's Stage II rules is consistent with the CAA and EPA's regulations 
and guidance.

III. 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 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 November 22, 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

[[Page 58186]]

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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: August 29, 2013.
Beverly H. Banister,
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), under Table 1, is amended by revising the 
entries for ``.0902,'' ``.0909,'' ``.0952,'' ``.0953,'' and ``.0954'' 
to read as follows:


Sec.  52.1770  Identification of plan.

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    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
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                                             State
 State  citation       Title/subject       effective       EPA approval date               Explanation
                                              date
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                                        .0900 Volatile Organic Compounds
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                                                  * * * * * * *
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Sect .0902.......  Applicability........     5/1/2013  9/23/2013 [Insert         This approval does not include
                                                        citation of               the start-up shutdown language
                                                        publication].             as described in Section II. A.
                                                                                  a. of EPA's 3/13/2013 proposed
                                                                                  rule (78 FR 15895)
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                                                  * * * * * * *
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Sect .0909.......  Compliance Schedules.     5/1/2013  9/23/2013 [Insert
                                                        citation of
                                                        publication].
 
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Sect .0952.......  Petitions for            9/18/2009  9/23/2013 [Insert
                    Alternative Controls                citation of
                    for RACT.                           publication].
Sect .0953.......  Vapor Return Piping      9/18/2009  9/23/2013 [Insert         This rule has been repealed as
                    for Stage II Vapor                  citation of               state effective 9/18/2009.
                    Recovery.                           publication].
Sect .0954.......  Stage II Vapor           9/18/2009  9/23/2013 [Insert         This rule has been repealed as
                    Recovery.                           citation of               state effective 9/18/2009.
                                                        publication].
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[FR Doc. 2013-22965 Filed 9-20-13; 8:45 am]
BILLING CODE 6560-50-P