[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Proposed Rules]
[Pages 64101-64105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24900]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0055; FRL-8986-01-R4]
Air Plan Approval; North Carolina; Mecklenburg Volatile Organic
Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision to the Mecklenburg
County portion of the North Carolina SIP, hereinafter referred to as
the Mecklenburg Local Implementation Plan (LIP). The revision was
submitted by the State of North Carolina, through the North Carolina
Division of Air Quality (NCDAQ), on behalf of Mecklenburg County Air
Quality (MCAQ) via a letter dated April 24, 2020, and was received by
EPA on June 19, 2020. The revision updates several Mecklenburg County
Air Pollution Control Ordinance (MCAPCO) rules incorporated into the
LIP, removes several rules, and adds several rules. The rules addressed
in this proposal relate to volatile organic compound (VOC) emissions
and include several VOC Reasonably Available Control Techniques (RACT)
rules. EPA is proposing to approve these changes pursuant to the Clean
Air Act (CAA or Act).
DATES: Comments must be received on or before December 17, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0055 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 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:
I. Background and Overview
The Mecklenburg County LIP was submitted to EPA on June 14, 1990,
and EPA approved the plan on May 2, 1991. See 56 FR 20140. Mecklenburg
County is now requesting that EPA approve changes to the LIP for, among
other things, general consistency with the North Carolina SIP.\1\
Mecklenburg County prepared three submittals in order to update the LIP
and reflect regulatory and administrative changes that NCDAQ made to
the North Carolina SIP since EPA's 1991 LIP approval.\2\ The three
submittals were submitted as follows: NCDAQ transmitted the October 25,
2017, submittal to EPA but later withdrew it from review through a
letter dated February 15, 2019. On April 24, 2020, NCDAQ resubmitted
the October 25, 2017, update to EPA and also submitted the January 21,
2016, and January 14, 2019, updates. Due to an inconsistency with
public notices at the local level, these submittals were withdrawn from
EPA through a letter dated February 15, 2019. Mecklenburg County
corrected this error, and NCDAQ submitted the updates to EPA in a
submittal dated April 24, 2020.\3\ This proposed rule proposes to
modify the LIP by revising, adding, and removing several rules related
to the control of VOCs, including several VOC RACT rules, located in
MCAPCO Article 2.0000, Air Pollution and Control Regulations and
Procedures, Section 2.0900, Volatile Organic Compounds.
---------------------------------------------------------------------------
\1\ Hereinafter, the terms ``North Carolina SIP'' and ``SIP''
refer to the North Carolina regulatory portion of the North Carolina
SIP (i.e., the portion that contains SIP-approved North Carolina
regulations).
\2\ The Mecklenburg County, North Carolina revision that is
dated April 24, 2020, and received by EPA on June 19, 2020, is
comprised of three previous submittals--one dated January 21, 2016;
one dated October 25, 2017; and one dated January 14, 2019.
\3\ EPA notes that the April 24, 2020, submittal was received by
EPA on June 19, 2020.
---------------------------------------------------------------------------
On April 30, 2004, EPA designated the Charlotte-Gastonia-Rock Hill,
NC-SC
[[Page 64102]]
area (hereinafter referred to as the ``bi-state Charlotte Area'') as a
moderate nonattainment area with respect to the 1997 8-hour ozone
national ambient air quality standards (NAAQS). See 69 FR 23858. The
bi-state Charlotte Area includes six full counties and one partial
county in North Carolina and one partial county in South Carolina.\4\
The North Carolina portion of the bi-state Charlotte Area consists of
Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and a
portion of Iredell County which includes Davidson and Coddle Creek
Townships.
---------------------------------------------------------------------------
\4\ The South Carolina portion of the bi-state Charlotte Area
consists of the portion of York County, South Carolina that falls
within the Rock Hill-Fort Mill Area Transportation Study
Metropolitan Planning Organization Area.
---------------------------------------------------------------------------
As a result of this 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 relevant requirements of section
182 of the CAA. On July 25, 2013, EPA approved the RACT requirements
for the North Carolina portion of the bi-state Charlotte Area.\5\ See
78 FR 44890. 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 CAA section 182(b)(2) RACT
requirements are: (1) RACT for sources covered by an existing Control
Technique 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 CAA
1990 amendments enactment CTG; and (3) RACT for all major sources not
covered by a CTG (i.e., non-CTG sources).
---------------------------------------------------------------------------
\5\ EPA approved the RACT requirements for the South Carolina
portion of the bi-state Charlotte Area on November 28, 2011, at 76
FR 72844.
---------------------------------------------------------------------------
Pursuant to 40 CFR 51.165, a major source for a moderate ozone
nonattainment area is a source that emits 100 tons per year or more of
VOC or nitrogen oxides (NOX). On May 9, 2013, EPA took final
action to approve the North Carolina SIP revisions addressing
NOX RACT, VOC RACT, and CTG requirements. See 78 FR 27065.
Together, these SIP revisions established the RACT requirements for the
major sources located in the North Carolina portion of the bi-state
Charlotte Area. NCDAQ submitted a SIP revision on May 1, 2013, to
address deficiencies with the State's VOC RACT rules as identified in
EPA's May 9, 2013, conditional approval of North Carolina's VOC RACT
rules.\6\ See 78 FR 27065.
---------------------------------------------------------------------------
\6\ The bi-state Charlotte Area was redesignated to attainment
for the 1997 ozone NAAQS on December 2, 2013, and December 26, 2012,
for North Carolina and South Carolina, respectively. The Charlotte-
Rock Hill, North Carolina--South Carolina Area was designated as a
marginal nonattainment area for the 2008 ozone NAAQS on May 21,
2012, and redesignated to attainment for that NAAQS on July 28, 2015
and December 11, 2015, for North Carolina and South Carolina,
respectively. That area was designated attainment for the 2015 ozone
NAAQS on November 6, 2017. The Charlotte area is currently attaining
all ozone NAAQS.
---------------------------------------------------------------------------
II. What action is EPA proposing to take?
The April 24, 2020, submittal updates several MCAPCO rules
incorporated into the LIP, removes several rules, and adds several
rules to more closely align the LIP with the SIP. The January 21, 2016,
changes include updates to MCAPCO Rules 2.0926, Bulk Gasoline Plants;
2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline Service Stations
Stage 1; and 2.0958, Work Practice for Sources of Volatile Organic
Compounds. The submittal also seeks to remove MCAPCO Rules 2.0910,
Alternative Compliance Schedules and 2.0929, Petroleum Refinery
Sources; and add MCAPCO Rules 2.0947, Manufacture of Synthesized
Pharmaceutical Products; 2.0948, VOC Emissions from Transfer
Operations; and 2.0949, Storage of Miscellaneous Volatile Organic
Compounds.\7\
---------------------------------------------------------------------------
\7\ EPA notes that the Agency received revisions to several
rules updating the Mecklenburg County portion of the North Carolina
SIP transmitted with the same April 24, 2020, cover letter. EPA will
be considering these other SIP revisions, including certain Section
2.2600 and Section 2.0900 rules in separate rulemakings.
---------------------------------------------------------------------------
The January 21, 2016 submittal also asks EPA to reincorporate the
following rules with no changes or very few minor grammatical edits
into the LIP with a new effective date: MCAPCO Rules 2.0906,
Circumvention; 2.0918, Can Coating; 2.0919, Coil Coating; 2.0924,
Magnet Wire Coating; 2.0925, Petroleum Liquid Storage in Fixed Roof
Tanks; 2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933,
Petroleum Liquid Storage in External Floating Roof Tanks; 2.0937,
Manufacture of Pneumatic Rubber Tires; and 2.0944, Manufacture of
Polyethylene: Polypropylene and Polystyrene.\8\
---------------------------------------------------------------------------
\8\ Hereinafter, the MCAPCO Rules will be identified by ``Rule''
and the accompanying number, e.g., Rule 2.0901.
---------------------------------------------------------------------------
III. EPA's Analysis of North Carolina's Submittal
The April 24, 2020, SIP revision updates, removes, and adds rules
in Section 2.0900, Volatile Organic Compounds. EPA is proposing to
approve these changes to the LIP because they are consistent with the
CAA and more closely align the LIP with the SIP.\9\
---------------------------------------------------------------------------
\9\ This section does not analyze Rules 2.0906, Circumvention;
2.0918, Can Coating; 2.0919, Coil Coating; 2.0924, Magnet Wire
Coating; 2.0925, Petroleum Liquid Storage in Fixed Roof Tanks;
2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933,
Petroleum Liquid Storage in External Floating Roof Tanks; 2.0937,
Manufacture of Pneumatic Rubber Tires; and 2.0944, Manufacture of
Polyethylene: Polypropylene and Polystyrene because there are no
changes or very few minor grammatical edits.
---------------------------------------------------------------------------
A. Rule 2.0910, Alternative Compliance Schedules
The April 24, 2020, revision removes Rule 2.0910, Alternative
Compliance Schedules, from the LIP because the alternative compliance
schedules became obsolete. They are obsolete because Rule 2.0910 only
allows alternative compliance schedules if they are submitted before
January 1, 1980.
Rule 2.0910 was first adopted into the MCAPCO in 1979, was approved
by EPA into the LIP on May 2, 1991 (56 FR 20140), and established
requirements for alternative compliance schedules for VOC sources. The
proposed removal of Rule 2.0910 from the LIP is consistent with the
removal of the corresponding state rule, 15A NCAC 02D .0910,
Alternative Compliance Schedules, from the SIP on October 15, 1999. See
64 FR 55831. EPA approved North Carolina's March 19, 1997, SIP
submittal seeking removal of Rule 02D .0910 because the alternative
compliance schedules had become obsolete.
EPA is proposing to approve the removal of Rule 2.0910 because the
alternate compliance schedules are obsolete, it better aligns the LIP
with the SIP, and it will not interfere with any applicable CAA
requirements.
B. Rule 2.0926, Bulk Gasoline Plants
The April 24, 2020, revision modifies Rule 2.0926, Bulk Gasoline
Plants, by adding a definition for ``Average daily throughput;'' adding
``Incoming vapor balance system,'' and ``Outgoing vapor balance
system'' to replace and clarify the definition for ``Vapor balance
system;'' removing paragraph (c) and redistributing its components into
paragraphs (b) and (d); clarifying language in a new paragraph (c);
adding language to require outgoing vapor balance systems on certain
receiving truck tanks and trailers at certain bulk gasoline plants and
in nonattainment areas; making a few grammatical edits including
renumbering and changing ``immediately'' to ``automatically and
immediately'' in paragraph (i); requiring that gasoline storage tanks
be painted white or silver; requiring pressure relief valves on
stationary storage tanks to be
[[Page 64103]]
set at 0.5 psi for storage tanks placed in service on or after November
1, 1992, and 0.25 psi for storage tanks existing before November 1,
1992; requiring transfer of gasoline to be discontinued if liquid or
vapor leaks are observed; and requiring truck tank and trailers to be
certified leak tight in accordance with Rule 2.0932. The changes more
closely align the rule with the corresponding SIP-approved state rule
at 15A NCAC 02D .0926, Bulk Gasoline Plants, which reflects EPA's Bulk
Gasoline Plants CTG.
Rule 2.0926 was first approved by EPA into the LIP on May 2, 1991
(56 FR 20140), was revised on June 23, 1994 (59 FR 32362), and
established requirements to meet the 1977 CTG for controlling VOC
emissions from bulk gasoline plants. EPA most recently approved
amendments to the state rule in North Carolina's SIP, including updates
that correspond to those proposed for incorporation into the LIP-
approved version of Rule 2.0926, on August 1, 1997. See 62 FR 41277.
EPA is proposing to approve the changes to Rule 2.0926 because they
add and clarify necessary definitions, require outgoing vapor balance
systems, set required pressures for pressure relief valves and address
leaks to be consistent with EPA's CTG, better align the LIP with the
SIP, and will not interfere with any applicable CAA requirements.
C. Rule 2.0927, Bulk Gasoline Terminals
The April 24, 2020, revision modifies Rule 2.0927, Bulk Gasoline
Terminals, by adding definitions for ``Degassing,'' ``Leak,'' ``Liquid
balancing,'' and ``Liquid displacement;'' making a few grammatical
edits including renumbering; and adding requirements for collecting,
controlling, inspecting for leaks and documenting emissions from
external and internal floating roof tanks at a bulk gasoline terminal,
citing Rule 2.0903. The changes more closely align the rule with the
corresponding SIP-approved state rule at 15A NCAC 02D .0927, Bulk
Gasoline Terminals, which reflects EPA's Tank Truck Gasoline Loading
Terminals CTG.
Rule 2.0927 was first approved by EPA into the LIP on May 2, 1991
(56 FR 20140), and established requirements to meet the 1977 CTG for
controlling VOC emissions from bulk gasoline terminals. EPA most
recently approved amendments to the state rule in North Carolina's SIP,
including updates that correspond to those proposed for incorporation
into the LIP-approved version of Rule 2.0927, on October 31, 2007. See
72 FR 61531.\10\
---------------------------------------------------------------------------
\10\ EPA's action at 78 FR 27065, identified in the entry for
Rule 02D .0927 at 40 CFR 52.1770(c), did not modify the rule text.
---------------------------------------------------------------------------
EPA is proposing to approve the changes to Rule 2.0927 because they
add details on leak inspection, recordkeeping, and requirements for
leak repair; standardize procedures used at bulk gasoline terminals to
locate, repair and document leaks of VOC; require routine inspections;
make it easier for MCAQ to determine compliance; better align the LIP
with the SIP; and will not interfere with any applicable CAA
requirements.
D. Rule 2.0928, Gasoline Service Station Stage 1
The April 24, 2020, revision modifies Rule 2.0928, Gasoline Service
Station Stage 1, by adding definitions for ``Coaxial system,'' ``Dual
point system,'' ``Line,'' ``Poppeted vapor recovery adaptor,''
``Stationary storage tank,'' and ``Throughput;'' amending the
definition for ``Submerged fill pipe'' to clarify the distance above
the bottom of the tank depending on if there is a vapor recovery
adaptor or not and measurement depending on whether the pipe is cut at
a slant; adding applicability to delivery vessels delivering gasoline
to a gasoline dispensing facility or gasoline service station; changing
an exemption for certain transfers; adding clarifying language related
to submerged fill pipes; adding an exemption for certain stationary
storage tanks with a capacity of not more than 2,000 gallons of
gasoline and for any tanks used exclusively to test the fuel dispensing
meters except for those in ozone nonattainment areas; clarifying that
vapor control systems must have a vapor tight connection and delivery
vessels and vapor collections systems must comply with rule 2.0932 in
order for gasoline to be transferred from any delivery vessel into any
stationary storage tank; clarifying requirements for the vapor control
system depending on whether it is a coaxial or dual point vapor
recovery system and adding additional paragraphs to further explain
these clarifications; removing allowance for alternative vapor control
system requirements; requiring that vent lines on tanks with Stage 1
controls shall have pressure release valves or restrictors; changing
the requirement that refilled vapor-laden delivery vessels that are
refilled in nonattainment areas shall be refilled only at plants
meeting Rules 2.096 or 2.0927 to requiring that refilled vapor-laden
delivery vessels that are refilled in North Carolina shall be refilled
only at plants meeting Rules 2.096 or 2.0927; and making a few
grammatical edits including renumbering. The changes more closely align
the rule with the corresponding SIP-approved state rule at 15A NCAC 02D
.0928, Gasoline Service Stations Stage 1, which reflects EPA's Stage 1
Vapor Control Systems CTG.
Rule 2.0928 was first approved by EPA into the LIP on May 2, 1991
(56 FR 20140) and last revised on June 23, 1994 (59 FR 32362). The rule
established requirements to meet the 1975 CTG for controlling VOC
emissions from gasoline service stations through the Stage 1 Vapor
Recovery systems. EPA most recently approved amendments to the state
rule in North Carolina's SIP, including updates that correspond to
those proposed for incorporation into the LIP-approved version of Rule
2.0928, on August 1, 1997. See 62 FR 41277.
EPA is proposing to approve the changes to Rule 2.0928 because they
clarify Stage 1 vapor recovery requirements, better align the LIP with
the SIP, and will not interfere with any applicable CAA requirements.
E. Rule 2.0929, Petroleum Refinery Sources
The April 24, 2020, revision removes Rule 2.0929 from the LIP
because there are no sources in Mecklenburg County for which the
Petroleum Refinery Leaks CTG category applies.
Rule 2.0929 was first adopted into the MCAPCO in 1979, was approved
by EPA into the LIP on May 2, 1991 (56 FR 20140), and was revised in
the LIP on June 23, 1994 (59 FR 32362). Rule 2.0929 established
requirements to meet the 1978 Petroleum Refinery Leaks CTG for
controlling VOC emissions from petroleum refinery equipment. The
proposed removal of Rule 2.0929 from the LIP is consistent with the
removal of the corresponding state rule 15A NCAC 02D .0929, Petroleum
Refinery Sources, from the SIP on August 1, 1997. See 62 FR 41277.\11\
---------------------------------------------------------------------------
\11\ In an April 6, 2010, SIP revision, North Carolina made a
negative declaration for the Petroleum Refinery Sources CTG source
category stating that there are no applicable sources in the North
Carolina portion of the bi-state Charlotte Area, including
Mecklenburg County, North Carolina. EPA approved that SIP revision
on May 9, 2013 (78 FR 27065). On October 18, 2021, Mecklenburg
County confirmed there are currently no petroleum refineries in
Mecklenburg County. See email from Leslie Rhodes, Air Quality
Director, Mecklenburg County Air Quality to Lynorae Benjamin, Branch
Chief, Air Planning and Implementation Branch, EPA Region 4 found in
the docket for this proposed action.
---------------------------------------------------------------------------
[[Page 64104]]
EPA is proposing to approve the removal of Rule 2.0929 because
there are no petroleum refineries in Mecklenburg County, it better
aligns the LIP with the SIP, and will not interfere with any applicable
CAA requirements.
F. Rule 2.0947, Manufacture of Synthesized Pharmaceutical Products
The April 24, 2020, revision adds Rule 2.0947, Manufacture of
Synthesized Pharmaceutical Products, to Section 2.0900. Mecklenburg
adopted Rule 2.0947 on July 1, 1994, and it contains requirements to
meet the 1978 CTG for controlling VOC emissions from the manufacture of
synthesized pharmaceutical products. Rule 2.0947 includes definitions
for ``Production equipment exhaust system'' and ``Synthesized
pharmaceutical manufacturing;'' applicability and emission control
requirements for reactors, distillation operations, crystallizers,
centrifuges, vacuum dryers, air dryers, production equipment exhaust
systems, storage tanks and centrifuges, rotary vacuum filters, and
other filters related to VOC and in-process tanks; requirements for
leak repairs; and required temperatures for condenser outlets.
Approving the April 24, 2020 SIP revision would add these CTG
requirements to the LIP and more closely align the LIP with the SIP
which contains a state rule analog at 15A NCAC 02D .0947, Manufacture
of Synthesized Pharmaceutical Products. North Carolina adopted Rule 02D
.0947 in 1994, and EPA approved it into the SIP on January 26, 1995.
See 60 FR 5136.
EPA is proposing to incorporate Rule 2.0947 into the LIP to add the
aforementioned CTG requirements and better align the LIP with the SIP.
Adding this rule to the LIP will not interfere with any applicable CAA
requirements.
G. Rule 2.0948, VOC Emissions From Transfer Operations
The April 24, 2020, revision adds Rule 2.0948, VOC Emissions From
Transfer Operations, to Section 2.0900. Mecklenburg adopted Rule 2.0948
on July 1, 1994. Rule 2.0948 applies to operations that transfer VOC
from a storage tank to truck-tanks, trailers, or railroad tank cars
that are not covered by Rule 2.0929, Bulk Gasoline Plants, 2.0927, Bulk
Gasoline Terminals, or 2.0928, Gasoline Stations Stage I, and provides
requirements for loading VOCs into a truck-tank, trailer, or railroad
tank car from storage tanks regulated by Rule 2.0948.
Approving the April 24, 2020 SIP revision would add these VOC
emissions requirements to the LIP and more closely align the LIP with
the SIP which contains a state rule analog at 15A NCAC 02D .0948, VOC
Emissions From Transfer Operations. North Carolina adopted Rule 02D
.0948 in 1994, and EPA approved it into the SIP on January 26, 1995.
See 60 FR 5136. EPA most recently approved amendments to the state rule
in North Carolina's SIP on August 27, 2001, to make minor
administrative changes and clarifications. See 66 FR 34117.
EPA is proposing to incorporate Rule 2.0948 into the LIP to add the
aforementioned VOC emissions requirements and better align the LIP with
the SIP. Adding this rule to the LIP will not interfere with any
applicable CAA requirements.
H. Rule 2.0949, Storage of Miscellaneous Volatile Organic Compounds
The April 24, 2020, revision adds Rule 2.0949, Storage of
Miscellaneous Volatile Organic Compounds, to Section 2.0900.
Mecklenburg adopted Rule 2.0949 on July 1, 1994. Rule 2.0949 applies to
the storage of VOCs in stationary tanks, reservoirs, or other
containers with a capacity greater than 50,000 gallons that are not
covered by Rule 2.0925, Petroleum Liquid Storage in Fixed Roof Tanks,
or Rule 2.0933, Petroleum Liquid Storage in External Floating Roof
Tanks, and provides requirements for VOC storage at sources to which
Rule 2.0949 applies.
Approving the April 24, 2020 SIP revision would add these VOC
emissions requirements to the LIP and more closely align the LIP with
the SIP which contains a state rule analog at 15A NCAC 02D .0949,
Storage of Miscellaneous Volatile Organic Compounds. North Carolina
adopted Rule 02D .0949 in 1994, and EPA approved it into the SIP on
January 26, 1995. See 60 FR 5136. EPA most recently approved amendments
to Rule 02D .0949 on August 27, 2001, to remove the requirement of
having the director approve the vapor recovery system or any other
means of air pollution. See 66 FR 34117.
EPA is proposing to incorporate Rule 2.0949 into the LIP to add the
aforementioned VOC emissions requirements and better align the LIP with
the SIP. Adding this rule to the LIP will not interfere with any
applicable CAA requirements.
I. Rule 2.0958, Work Practice for Sources of Volatile Organic Compounds
The April 24, 2020, revision modifies Rule 2.0958, Work Practice
for Sources of Volatile Organic Compounds, by adding an exemption for
sources subject to 40 CFR part 63 Subpart JJ (National Emissions
Standards For Wood Furniture Manufacturing); \12\ amending the
requirement from cleaning up spills within 30 minutes to cleaning them
up as soon as possible following proper safety procedures; changing
``painting'' to ``coating'' to clarify that solvents from the cleaning
of all coating equipment must be contained properly; removing the
requirement to minimize over application and over spray of all material
containing VOCs; and changing ``all reasonable precautions'' to
``precautions'' when reducing the pooling of solvent on and in the
parts and making minor edits. These changes more closely align Rule
2.0958 with the corresponding SIP-approved state rule at 15A NCAC 02D
.0958, Work Practice for Sources of Volatile Organic Compounds.
---------------------------------------------------------------------------
\12\ 40 CFR part 63 Subpart JJ contains work practice standards
at 40 CFR 63.803.
---------------------------------------------------------------------------
Rule 2.0958 was approved by EPA into the LIP on October 22, 2002
(67 FR 64999). The rule established general work practices for VOC
sources for controlling VOCs. EPA most recently approved amendments to
the state rule in North Carolina's SIP on July 25, 2013. See 78 FR
44890.
EPA is proposing to approve this revision to make the
aforementioned revisions and to better align the LIP with the SIP. EPA
has preliminarily determined that this is consistent with federal
regulations.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference MCAPCO Rules 2.0906, Circumvention; 2.0918, Can Coating;
2.0919, Coil Coating; 2.0924, Magnet Wire Coating; 2.0925, Petroleum
Liquid Storage in Fixed Roof Tanks; 2.0926, Bulk Gasoline Plants;
2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline Service Stations
Stage I; 2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt;
2.0933, Petroleum Liquid Storage in External Floating Roof Tanks;
2.0937, Manufacture of Pneumatic Rubber Tires; 2.0944, Manufacture of
Polyethylene: Polypropylene and Polystyrene; 2.0947, Manufacture of
Synthesized Pharmaceutical Products; 2.0948, VOC Emissions from
Transfer Operations; 2.0949, Storage of Miscellaneous Volatile Organic
Compounds; and 2.0958, Work Practice for Sources of Volatile Organic
Compounds, all of
[[Page 64105]]
which have an effective date of December 15, 2015, into the Mecklenburg
County portion of the North Carolina SIP to update the rules to more
closely align with their analog North Carolina rules in the SIP. Also
in this document, EPA is proposing to remove MCAPCO Rules 2.0910,
Alternative Compliance Schedules and 2.0929, Petroleum Refinery Sources
from the Mecklenburg County portion of the North Carolina SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51. EPA has made, and will continue to make, the SIP generally
available at the EPA Region 4 office (please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section of this
preamble for more information).
V. Proposed Action
EPA is proposing to approve the aforementioned revisions to the
Mecklenburg LIP. Specifically, EPA is proposing to approve revisions to
MCAPCO Rules 2.0926, Bulk Gasoline Plants; 2.0927, Bulk Gasoline
Terminals; 2.0928, Gasoline Service Stations Stage 1; and 2.0958, Work
Practice for Sources of Volatile Organic Compounds. EPA is also
proposing to remove Rules 2.0910, Alternative Compliance Schedules and
2.0929, Petroleum Refinery Sources and to add Rules 2.0947, Manufacture
of Synthesized Pharmaceutical Products; 2.0948, VOC Emissions from
Transfer Operations; and 2.0949, Storage of Miscellaneous Volatile
Organic Compounds. EPA is proposing to approve these changes to the LIP
because they are consistent with the CAA.
EPA is also proposing to reincorporate the following rules with no
changes or very few minor grammatical edits with a new effective date
into the LIP: MCAPCO Rules 2.0906, Circumvention; 2.0918, Can Coating;
2.0919, Coil Coating; 2.0924, Magnet Wire Coating; 2.0925, Petroleum
Liquid Storage in Fixed Roof Tanks; 2.0930, Solvent Metal Cleaning;
2.0931, Cutback Asphalt; 2.0933, Petroleum Liquid Storage in External
Floating Roof Tanks; 2.0937, Manufacture of Pneumatic Rubber Tires; and
2.0944, Manufacture of Polyethylene: Polypropylene and Polystyrene.
VI. 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. See 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 they meet the criteria of the CAA. This proposed action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 8, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-24900 Filed 11-16-21; 8:45 am]
BILLING CODE 6560-50-P