[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Proposed Rules]
[Pages 67412-67418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25528]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0033; FRL-9278-01-R4]


Air Plan Approval; North Carolina; Mecklenburg: Source Testing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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 County Local Implementation Plan (LIP). The revision 
was submitted through the North Carolina Division of Air Quality 
(NCDAQ), on behalf of Mecklenburg County Air Pollution Control (MCAQ), 
via a letter dated April 24, 2020, which was received by EPA on June 
19, 2020. This SIP revision includes changes to Mecklenburg County Air 
Pollution Control Ordinance (MCAPCO) rules incorporated into the LIP 
regarding performance testing for stationary sources of air pollution. 
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 27, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0033 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: D. Brad Akers, 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. Mr. Akers can be 
reached via electronic mail at [email protected] or via telephone at 
(404) 562-9089.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    The Mecklenburg 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 the letter dated February 15, 2019. Mecklenburg County 
corrected this error, and NCDAQ submitted the updates to EPA in a 
submittal dated April 24, 2020. This proposed rule proposes to modify 
the LIP by revising, adding, and removing several rules related to the 
source testing rules, located in MCAPCO Article 2.0000, Air Pollution 
and Control Regulations and Procedures. The specific sections addressed 
in this proposal are Section 2.2600, Source

[[Page 67413]]

Testing Section 2.0900, Volatile Organic Compounds, and Rule 2.0501 of 
Section 2.0500, Compliance with Emission Control Standards.
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    \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.
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II. What action is EPA proposing?

    The April 24, 2020, SIP submittal revises the Mecklenburg LIP by 
primarily relocating testing methods and procedures for stationary 
sources to new Section 2.2600, Source Testing. Many of these provisions 
are being moved, or modified and moved, from existing LIP-approved Rule 
MCAPCO Rule 2.0501, Compliance with Emission Control Standards, or from 
several existing rules at Section 2.0900, Volatile Organic Compounds.
    Specifically, the April 24, 2020, submittal transmits changes to 
existing Rule 2.0501, Compliance with Emissions Control Standards, at 
paragraph (c), wherein several subparagraphs are recodified at Section 
2.2600, Source Testing, and in some cases further modified. Next, the 
submittal transmits changes to existing LIP-approved Rules 2.0901, 
Definitions; 2.0912, General Provisions on Test Methods and Procedures; 
2.0943, Synthetic Organic Chemical and Polymer Manufacturing; and 
2.0945, Petroleum Dry Cleaning. The April 24, 2020, submittal also 
transmits a removal and recodification to Section 2.2600 of the 
following Section 2.0900 Rules: 2.0913, Determination of Volatile 
Content of Surface Coatings; 2.0914, Determination of VOC Emission 
Control System Efficiency; 2.0915, Determination of Solvent Metal 
Cleaning VOC Emissions; 2.0916, Determination: VOC Emissions from Bulk 
Gasoline Terminals; 2.0939, Determination of Volatile Organic Compound 
Emissions; 2.0940, Determination of Leak Tightness and Vapor Leaks; and 
2.0942, Determination of Solvent in Filter Waste. Finally, Rule 2.0941, 
Alternative Method for Leak Tightness, is removed.
    With regard to Section 2.2600, the April 24, 2020, submittal 
requests approval of the following Rules--as recodified and further 
modified from existing Rule 2.0501 and Section 2.0900: 2.2602, General 
Provisions on Test Methods; 2.2603, Testing Protocol; 2.2604, Number of 
Test Points; 2.2605, Velocity and Volume Flow Rate; 2.2606, Molecular 
Weight; 2.2607, Determination of Moisture Content; 2.2608, Number of 
Runs and Compliance Determination; Rule 2.2610, Opacity; 2.2612, 
Nitrogen Oxide Testing Methods; 2.2613, Volatile Organic Compound 
Testing Methods; 2.2614, Determination of VOC Emission Control System 
Efficiency; and 2.2615, Determination of Leak Tightness and Vapor 
Leaks.3 4
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    \3\ Additionally, EPA notes that NCDAQ did not request EPA 
approval into the LIP of several Section 2.2600 rules, including: 
Rules 2.2616, Fluorides; 2.2618, Mercury; 2.2619, Arsenic, 
Beryllium, Cadmium, Hexavalent Chromium; and 2.2620, Dioxins and 
Furans. Provisions for these pollutants were not previously included 
in the Mecklenburg LIP.
    \4\ At this time, EPA is not taking action on Rules 2.2601, 
Purpose and Scope; 2.2609, Particulate Testing Methods; 2.2617, 
Total Reduced Sulfur; and 2.2621, Determination of Fuel Content 
Using the F-Factor.
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    EPA is proposing to approve the recodification and other 
substantive and non-substantive changes to Mecklenburg County's source 
testing provisions.

III. EPA's Analysis of the State's Submittal of Mecklenburg's 
Regulations

    The April 24, 2020, SIP revision transmits changes to existing Rule 
2.0501, Compliance with Emission Control Standards, and certain rules 
from Section 2.0900, Volatile Organic Compounds, and also recodifies 
and revises source testing provisions from Rule 2.0501 and rules in 
Section 2.0900 to new rules at Section 2.2600, Source Testing. These 
revised rules are consistent with SIP-approved regulations for the 
State of North Carolina at 15A North Carolina Administrative Code 
(NCAC) Subchapter 02D, Section .2600, Source Testing. The rules are 
discussed in further detail hereinafter.

A. Rule 2.0501, Compliance With Emission Control Standards

    The April 24, 2020, SIP revision modifies Rule 2.0501, Compliance 
with Emission Control Standards, first by removing language at former 
paragraph (b) noting that the owner must provide the means to allow for 
periodic sampling and measuring of emission rates. This language is 
recodified at 2.2602, which EPA is addressing in Section III.C of this 
notice of proposed rulemaking (NPRM). Former paragraph (b) also noted 
that data must be supplied to MCAQ upon request, and this is recodified 
at paragraph 2.2602(g) to instead require the information be provided 
without first needing the request. See Section III.C of this NPRM for 
more information. Furthermore, MCAQ retains authority to obtain such 
data, such as in Rules 1.5111, General Recordkeeping, Reporting, and 
Monitoring Requirements; 1.5232, Issuance, Revocation, and Enforcement 
of Permits; 2.0600, Air Pollutants; Monitoring; Reporting; 2.0903, 
Recordkeeping: Reporting: Monitoring; and 2.0912, General Provisions on 
Test Methods and Procedures. Next, the submittal revises former 
paragraph (d) to recodify the provision to paragraph (b), remove 
historical compliance deadlines for emission control standards, and 
retain language providing that all new sources must be in compliance 
prior to beginning operations.
    Next, several subparagraphs under paragraph 2.0501(c) are 
recodified to rules at Section 2.2600, Source Testing. For more details 
on these changes, see Section III.C. of this NPRM. EPA is not acting on 
the changes to remove and recodify the prefatory text at 2.0501(c) and 
subparagraphs (c)(3), (c)(4), (c)(5), (c)(6), (c)(10), (c)(15), 
(c)(16), and (c)(18), which will remain in place and are state 
effective June 14, 1990.
    Former paragraph 2.0501(e) is also recodified to paragraph 
2.0501(c). This paragraph provides that if more stringent controls than 
those in Section 2.0500 are necessary to either prevent emissions from 
a source of air pollution from causing exceedances of the ambient air 
quality standards at 2.0400, Ambient Air Quality Standards, or to 
create offsets, those controls must be included in a permit.
    Next, former paragraph 2.0501(f) describing the requirements for 
establishing bubble emission limits is recodified to paragraph 
2.0501(d). The changes to the bubble concept provisions include the 
addition of language to (d)(1)(D) to clarify that the review of a 
potential alternative mix of controls and enforcement of any resulting 
permit will not require expenditures for Mecklenburg County ``in excess 
of five times that which would otherwise be required'' in place of LIP-
approved language that it would not ``require excessive expenditures on 
the part of Mecklenburg County.'' Subparagraphs (d)(2)(D) and (d)(5) 
add language noting that the Federal Register notice cited is 
incorporated by reference with no subsequent amendments or editions. 
The bubble concept provisions also include ministerial minor changes 
such as including a reference to the MCAPCO throughout wherever 
regulations are referenced, other minor wording changes, and formatting 
changes. At this time, EPA is not acting on the addition of paragraph 
(e) to 2.0501, which prescribes procedures for issuing permits 
incorporating the bubble emission limits described at paragraph (d). 
The Mecklenburg LIP currently includes procedural language regarding 
approval of bubble emission limits in permitting at LIP-approved Rule 
1.5213, Action on Application; Issuance of Permit, at paragraph (j).

[[Page 67414]]

    Next, former paragraph 2.0501(g), which noted that the version of 
the methods referenced were those which appeared in the Federal 
Register notice dated November 1, 1986, is being removed. This language 
is being removed because Section 2.2600 will now specify the 
appropriate testing methods.
    A general statement is then added at the end of Rule 2.0501 which 
directs owners and operators of sources or control equipment subject to 
Section 2.0500, Emission Control Standards, to procedures for 
determining compliance at Section 2.2600, Source Testing. Finally, 
because EPA is not acting on certain subparagraphs of existing 
paragraph 2.0501(c) as identified above, revising former paragraph 
2.0501(e) to paragraph 2.0501(c) leaves the section with two paragraphs 
(c), one with a state effective date of June 14, 1990, for the 
identified subparagraphs, and one with a state effective date of June 
1, 2008. The remaining subparagraphs of paragraph (c) with the state 
effective date of June 14, 1990 in Rule 2.0501 will be addressed in a 
separate action.

B. Section 2.0900, Volatile Organic Compounds

    The April 24, 2020, SIP revision modifies much of Section 2.0900, 
Volatile Organic Compounds, including the recodification of several 
rules to Section 2.2600, Source Testing. In this NPRM, EPA is only 
considering changes to those Section 2.0900 rules which are either 
recodified to Section 2.2600, or include updated cross-references to 
new Section 2.2600 for source testing procedures, among their other 
changes. EPA will consider the remaining changes to other Section 
2.0900 rules in a separate action. Specifically, in this NPRM, EPA is 
proposing to remove and recodify to Section 2.2600 the following Rules: 
2.0913, Determination of Volatile Content of Surface Coatings; 2.0914, 
Determination of VOC Emission Control System Efficiency; 2.0915, 
Determination of Solvent Metal Cleaning VOC Emissions; 2.0916, 
Determination: VOC Emissions from Bulk Gasoline Terminals; 2.0939, 
Determination of Volatile Organic Compound Emissions; 2.0940, 
Determination of Leak Tightness and Vapor Leaks; and 2.0942, 
Determination of Solvent in Filter Waste. EPA is also proposing to 
repeal Rule 2.0941, Alternative Method for Leak Tightness. Finally, EPA 
is addressing changes to the following Rules: 2.0901, Definitions; 
2.0912, General Provisions on Test Methods and Procedures; 2.0943, 
Synthetic Organic Chemical and Polymer Manufacturing; and 2.0945, 
Petroleum Dry Cleaning.
    The April 24, 2020, SIP revision modifies Rule 2.0901, Definitions, 
by clarifying existing definitions applicable to Section 2.0900 and by 
adding one definition. First, the April 24, 2020, SIP revision removes 
unnecessary language at (a)(7) defining ``high solids coating.'' The 
deleted language noted that this term would apply to coatings that 
would have potentially lower volatile organic compounds (VOC) emission 
and is often applied to coatings meeting EPA's Control Technique 
Guidelines. Next, the definition of ``potential emissions'' in (a)(15) 
is clarified by noting that the referenced permit is a federally 
enforceable permit. Additional changes include, writing out ``degrees 
Fahrenheit'' in the definition for ``standard conditions'' at (a)(21) 
instead of abbreviating, adding the definition of ``Stage I'' vapor 
recovery,\5\ renumbering paragraphs due to the addition of the ``Stage 
I'' definition, and clarifying that a ``topcoat'' applies to multiple 
or single coat operations at renumbered (a)(25). The ``Stage I'' 
definition affects owners and operators of gasoline service stations 
and gasoline tank trucks. The incorporation of this definition of 
``Stage I'' is intended to clarify a term used in existing LIP-approved 
Rule 2.0928,\6\ Gasoline Service Stations Stage I, and is consistent 
with the SIP-approved definition at 15A NCAC 02D .0901.\7\
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    \5\ Stage I vapor recovery is the control of gasoline vapors 
emitted during the transfer of gasoline from tank trucks to 
stationary gasoline storage tanks.
    \6\ The April 20, 2020, submittal transmits changes to Rule 
2.0928, Gasoline Service Stations Stage I, which will be considered 
by EPA in a separate action.
    \7\ Finding it consistent with statutory and regulatory 
requirements, EPA approved the definition into the North Carolina 
SIP on May 9, 2013. See 78 FR 27065.
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    Next, the definition of ``volatile organic compound'' as renumbered 
at 2.0901(a)(29) is updated to cross-reference Section 2.2600 for the 
procedure that determines volatile content of a compound of carbon, 
instead of Rules 2.0913 and 2.0939, which are being recodified and 
repealed. The definition of VOC is also updated by replacing the listed 
excluded compounds with a reference to EPA's definition at 40 CFR 
51.100(s), which lists the compounds that have been determined to have 
negligible photochemical reactivity by the Agency. These changes more 
closely align Rule 2.0901 with the SIP-approved state rule at 15A NCAC 
02D .0901 Definitions.
    Next, Rule 2.0912, General Provisions on Test Methods and 
Procedures, is revised to cross-reference Section 2.2600, Source 
Testing, and remove explanations of testing expectations and schedules 
to more closely align the rule with the SIP-approved state rule at 15A 
NCAC 02D .0912, General Provisions on Test Methods and Procedures. The 
explanations of testing expectations and schedules were transferred to 
new Section 2.2600 at Rule 2.2602, ``General Provisions on Test Methods 
and Procedures,'' which is described in more detail in Section III.C of 
this NPRM.
    Next, EPA is proposing to remove Rule 2.0941, Alternative Method 
for Leak Testing, from the Mecklenburg LIP. This rule provided for an 
alternative method for determining leak testing specifically for 
gasoline tank trucks, which were subject to Method 27 of Appendix A to 
40 CFR part 60 under 2.0940, Determination of Leak Tightness and Vapor 
Leaks, which is removed and recodified at Rule 2.2615.\8\ The federal 
Method 27 continues to be an appropriate test for determining vapor 
tightness of tank trucks, and the removal of this alternative method 
simply removes a flexibility previously allowed in the rules.
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    \8\ For more information on the recodification of Rule 2.0940, 
Determination of Leak Tightness and Vapor Leaks, see Section III.C 
of this NPRM.
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    The April 24, 2020, revision next modifies Rule 2.0943, Synthetic 
Organic Chemical and Polymer Manufacturing, by updating a cross-
reference from repealed and recodified Rule 2.0939 and replacing it 
with a reference to Section 2.2600 for quarterly VOC monitoring 
requirements. Next, the April 24, 2020, revision modifies Rule 2.0945, 
Petroleum Dry Cleaning, by clarifying that filter paper is included in 
the definition of ``cartridge filter'' in paragraph (a), clarifying a 
reference to Rule 2.0903 in paragraph (e), updating a cross-reference 
to Rule 2.0939 with a reference to Section 2.2600, removing an 
unnecessary statement that only suggests the point for measuring the 
flow rate of recovered solvents in paragraph(g), and including minor 
grammatical changes.
    EPA is proposing to approve the updates to Rules 2.0901, 2.0912, 
2.0943, and 2.0945 because they are clarifying changes, better align 
the Mecklenburg LIP with the State's approved SIP, and will not 
interfere with any applicable CAA requirements. EPA is also proposing 
to remove Rule 2.0941 for the reasons discussed above. Finally, EPA is 
proposing to remove and recodify to Section 2.2600 with additional 
changes the following Rules: 2.0913, 2.0914, 2.0915, 2.0916, 2.0939, 
2.0940, and 2.0942. For more details on the

[[Page 67415]]

recodification of Rules 2.0913, 2.0914, 2.0915, 2.0916, 2.0939, 2.0940, 
and 2.0942 and other changes in the recodified rules, see Section 
III.C. of this NPRM.

C. Section 2.2600, Source Testing

    The April 24, 2020, SIP revision adds Section 2.2600, Source 
Testing, including recodification of several source testing provisions 
from LIP-approved Rule 2.0501, Compliance with Emission Control 
Standards, and Section 2.0900, Volatile Organic Compounds. At this 
time, EPA is not acting on the changes to add the following Rules in 
Section 2.2600: 2.2601, Purpose and Scope; portions of 2.2602,\9\ 
General Provisions on Test Methods; 2.2609, Particulate Testing 
Methods; 2.2611, Sulfur Dioxide Testing Methods; 2.2617, Total Reduced 
Sulfur; and 2.2621, Determination of Fuel Content Using the F-
Factor.\10\ The requirements addressed in these provisions will remain 
at the prefatory text at existing paragraph 2.0501(c) and subparagraphs 
(c)(3), (c)(4), (c)(5), (c)(6), (c)(10), (c)(15), (c)(16), and (c)(18), 
state effective June 14, 1990. EPA will act on these other changes in a 
separate action.
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    \9\ EPA is not proposing to act on paragraph 2.2602(i) at this 
time. This provision will instead remain at 2.0501(c)(18), and the 
recodification to 2.2602(i) with additional changes will be 
considered in a separate action.
    \10\ See footnote 5 of this NPRM.
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    First, Rule 2.2602, General Provisions on Test Methods and 
Procedures, is established from general procedures formerly included in 
2.0501 and 2.0912. Portions of paragraph 2.0912(a) are recodified to 
paragraph 2.2602(a), which notes that the owner or operator will 
perform any required test at their own expense, and paragraph 
2.2602(b), which notes that the final test report must describe the 
training and air experience of the individual conducting the test. 
Paragraph 2.2602(c) provides that air emission testing protocols be 
provided to the MCAQ Director prior to testing, which is partially 
recodified from 2.0912(c). This paragraph also provides that the 
protocols are not required to be pre-approved by the Director ahead of 
testing, but that the Director will review protocols for pre-approval 
if they are provided at least 45 days in advance. Paragraph 2.2602(d) 
is recodified from portions of 2.0912(c) and requires that the protocol 
for a test intended to demonstrate compliance with an applicable 
emission standard must provide notice ahead of the test such that the 
Director may elect to observe the test, but with 15 days as the lead 
time instead of 21 days as provided in 2.0912(c). Former 2.0912(c) also 
contained specific requirements for the contents of a testing 
notification to the Director, some of which are covered in Rule 2.2603, 
as discussed below. One effect of the recodification of testing 
notification procedures from former paragraphs 2.0912(c) to 2.2602(c) 
and (d) is that the requirements are more broadly applicable for all 
required source testing instead of only testing for VOCs.
    Paragraph 2.2602(e) requires that the owner and operator of the 
source shall provide for the physical infrastructure to conduct 
testing, as recodified and consolidated from former 2.0912(e) and 
2.0501(b). Paragraph 2.2602(f) is recodified from a portion of 
2.0939(a) and requires that the test results be reported in the same 
units as the emission limits given in the applicable rule. Paragraph 
(f) also provides that the units can be different if required by the 
applicable permit at the time of the test, or if specified in the 
protocol review by the Director. This possible alternative to 
expressing the results in the same units as the emission limits given 
in the applicable rule is a new flexibility, but would not prevent MCAQ 
from determining compliance with the applicable SIP emission limit. The 
remainder of 2.0939(a) included references to Methods 25, 25A, or 25B 
of Appendix A to Part 60 ``[w]here the test methods are applicable.'' 
However, these test methods were not specified in the LIP for any 
source categories. This language is removed and not recodified at 
Section 2.2600, except to the extent that those methods are available 
via a provision in Rule 2.2613, Volatile Organic Compound Testing 
Methods, which includes a general reference to Appendix A of 40 CFR 
part 60 for determining applicable testing methods where a specific 
method is not otherwise specified in 2.2613.
    Paragraph 2.2602(g) is recodified from former 2.0501(c)(14) and a 
portion of paragraph 2.0501(b) and provides that the owner or operator 
shall arrange for controlling and measuring the production rates during 
the period of testing, and requires that the individual conducting the 
test report the process used to obtain accurate process data and report 
the average production rates during each test. Former 2.0501(b) 
provided that the Director could request information on the emission 
rates, while recodified 2.2602(g) provides instead that the information 
shall be reported to the Director.
    Paragraph 2.2602(h) recodifies the requirement in former 2.0912(c) 
to submit a test report to the Director no later than 60 days after 
testing. As modified, paragraph (h) instead requires that a final test 
report be submitted to the Director no later than 30 days after sample 
collection, but that the owner or operator may submit a request for an 
extension on the report, which the Director will approve if they concur 
that extension is the result of actions beyond the control of the owner 
or operator. With the final report due generally within 30 days, there 
is no longer a need for the owner or operator to share preliminary 
results in 30 days, so that requirement was not carried over from 
2.0912(c). EPA is not acting on paragraph (i) in this NPRM, which 
corresponds to LIP-approved 2.0501(c)(18), and it will be considered in 
a separate action. Finally, paragraph 2.2602(j) is recodified and 
revised from former 2.0912(g), and provides that the Director may 
authorize independent tests of any source subject to a rule in Section 
2.2600 to determine compliance status or verify test data submitted. 
This paragraph also provides that tests conducted by the Division of 
Air Quality with the appropriate methods would take precedence for 
their purposes in determining compliance. Former 2.0912(g) also 
provided similar language noting that EPA could verify any test and 
that tests conducted by EPA would similarly take precedence. This 
language was not carried over to 2.2602(j).
    Next, Rule 2.2603, Testing Protocol, specifies the information that 
must be included in the testing protocol to be provided to the MCAQ, as 
recodified from former paragraph 2.0912(c) for VOC testing and now made 
applicable more broadly to all source testing. This rule requires that 
technical, facility, and case-specific information be included in 
testing protocols and also requires that deviations from the protocol 
must be documented. Former 2.0912(c) also required a timetable to be 
submitted with the protocol, but this is covered in (1) 2.2602(d), 
which requires that the director be notified at least 15 days ahead of 
a test, and (2) 2.2602(h), which specifies that final reports from the 
test are due within 30 days, as stated above. These procedures would be 
newly applicable to source testing other than VOC testing in the 
Mecklenburg LIP.
    Rule 2.2604, Number of Test Points, is reorganized and recodified 
from existing paragraph 2.0501(c)(1) and requires the use of Method 1 
of Appendix A of 40 CFR part 60 to select a suitable measurement site 
and the appropriate number of test points for several source tests, 
including: Particulate testing, velocity and/or volume flow rate 
measurements, testing for acid mist or other pollutants which occur in 
liquid droplets, sampling for which velocity

[[Page 67416]]

and volume flow rate measurements are required, or any sampling which 
specifies isokinetic sampling. Paragraph 2.2604(a) also includes 
testing for VOC as one of the situations covered by Method 1 at 
2.2604(a), as removed and relocated from 2.0939(a). The only remaining 
changes are related to reformatting from 2.0501(c)(1), such as breaking 
out paragraph 2.2604(b) from former 2.0501(c)(1)(E), which includes 
clarifications to Method 1. Similarly, Rule 2.2605, Velocity and Volume 
Flow Rate, is recodified from existing 2.0501(c)(2) and requires that 
Method 2 of 40 CFR part 60 be used concurrently in any test in which 
velocity and volume flow rate measurements are required.
    Next, Rule 2.2606, Molecular Weight, is recodified from existing 
paragraph 2.0501(c)(13) and requires Method 3 of Appendix A to 40 CFR 
part 60 be used in determining the molecular weight of a gas being 
sampled to determine the fraction of carbon dioxide, oxygen, carbon 
monoxide, and nitrogen. This rule maintains at paragraph (b) the 
alternative to use the grab sample technique with instruments such as 
Bacharyte FyriteTM in specific circumstances. This rule does 
not retain the alternative ability for fuel burning sources to 
determine concentrations of oxygen and nitrogen from combustion 
reactions for various fuels from 2.0501(c)(3), which means the 
aforementioned Method 3 must be used.
    Next, Rule 2.2607, Determination of Moisture Content, is a new rule 
which appropriately requires the use of Method 4 of Appendix A to 40 
CFR part 60 concurrently with any test method requiring the 
determination of gas moisture content.
    Rule 2.2608, Number of Runs and Compliance Determination, is 
modified and recodified from paragraph 2.0501(c)(12). This rule 
requires that three repetitions must be used for tests (except for fuel 
sampling), and the SIP revision adds language to provide that in 
circumstances where a third run could not be completed due to ``an 
unavoidable and unforeseeable event,'' the Director may approve the 
arithmetic average of two samples. This approach in 2.2608 is 
consistent with the flexibility provided for showing compliance with 
the federal New Source Performance Standards in 40 CFR Section 60.8(f). 
Accordingly, EPA is proposing to approve this change as an appropriate 
amendment to the required number of test runs.
    Rule 2.2610, Opacity, is recodified from paragraph 2.0501(c)(8), 
and is further modified to include an alternative test at paragraph 
(b), which specifies Method 22 of Appendix A to 40 CFR part 60 in 
instances where compliance is determined by the frequency of fugitive 
emissions. This alternative method is appropriate for determining the 
presence of visual emissions, whereas Method 9 is useful for 
determining the characteristics of visual emissions (e.g., percent 
opacity).
    Rule 2.2612, Nitrogen Oxide Testing Methods, is recodified from 
paragraph 2.0501(c)(7), retaining the use of Method 7 of Appendix A to 
40 CFR part 60 for combustion sources. This rule also adds the 
alternative of Method 7E where appropriate for determining compliance 
via continuous sampling. Rule 2.2612 is also modified to include Method 
20 of Appendix A to 40 CFR part 60 at paragraph (b) to include a method 
for stationary gas turbines. This is an appropriate addition to the 
nitrogen oxide testing methods for determining compliance at these 
units.
    Rule 2.2613, Volatile Organic Compounds Testing Methods, is 
established with recodified rules from Section 2.0900, which are 
simultaneously removed. Paragraph (a) is recodified from 2.0913, 
Determination of Volatile Content of Surface Coatings, and requires 
Method 24 Appendix A to 40 CFR part 60, for surface coating materials. 
Paragraph (b) is similarly recodified from 2.0913 and requires Method 
24A for printing inks and related coatings. Paragraph (c) includes 
procedures for conducting a material balance for solvent metal cleaning 
and is recodified from 2.0915, Determination of Solvent Metal Cleaning 
VOC Emissions. Paragraph (d) prescribes 40 CFR 60.503, Test Methods and 
Procedures, from 40 CFR part 60, subpart XX, Standards of Performance 
for Bulk Gasoline Terminals for those bulk gasoline terminals, which is 
a recodification of former 2.0916, Determination: VOC Emissions from 
Bulk Gasoline Terminals. Paragraph (e) is recodified from former 
2.0939, Determination of Volatile Organic Compound Emissions at 
paragraph (b), which prescribes Method 21 of Appendix A to 40 CFR part 
60 for organic process equipment leaks. This covers the remaining 
portion of 2.0939, which is removed.
    Paragraph 2.2613(f) provides procedures for identifying filter 
waste, which is a recodification of former Rule 2.0942, Determination 
of Solvent Filter Waste. Next, paragraph (g) is added to include a 
general statement that for sources of VOCs not covered by paragraphs 
2.2613(b)-(e), the applicable methods in Appendix M to 40 CFR part 51 
or Appendix A to 40 CFR part 60 shall be used. These Appendices are 
appropriate references for determining applicable test methods for 
source categories which are not specifically covered in the LIP.
    Paragraph 2.2613(h) includes a provision that compounds excluded 
from the definition of volatile organic compound at Rule 2.0901, 
Definitions, are to be treated as water. This is appropriate because 
other volatile compounds that have been determined to have negligible 
reactivity photochemical reactivity are not regulated as VOCs pursuant 
to 40 CFR part 51, as established at 40 CFR 51.100(s). Additionally, 
with the creation of 2.2613, 2.0501(c)(17) was no longer accurate 
because it stated that emissions of VOCs would be measured via test 
procedures in Section 2.0900 instead of 2.2600. Therefore, with cross-
references within 2.0900 to 2.2600 for the appropriate test methods, 
2.0501(c)(17) is no longer needed and is removed from the SIP.
    Rule 2.2614, Determination of VOC Emission Control System 
Efficiency, is recodified from former 2.0914. This rule is also 
modified by clarifying the procedures by which the control efficiency 
is determined. First, a provision at former paragraph 2.0914(b)(2) that 
the efficiency of any control and capture system would use accepted 
engineering practices for the computation and be approved by the 
Director is removed in favor of 2.2614(c), which is added to instead 
specify the procedures for determining the control efficiency as 
outlined in an EPA guidance document.\11\ Next, former 2.0914(b)(4), 
which cited to former 2.0939 ``or a method approved by the director'' 
for determining the total combustible VOCs is removed. Rule 2.2613 
adequately prescribes which methods are to be used to determine the VOC 
content. Paragraph (d), which is new, then notes that the EPA document 
cited in paragraph (c) is incorporated by reference.
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    \11\ Mecklenburg cites to EPA guidance from the Air Emissions 
Measurement Center, entitled ``Guidelines for Determining Capture 
Efficiency,'' available at: https://www.epa.gov/sites/production/files/2020-08/documents/gd-035.pdf.
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    Finally, Rule 2.2615, Determination of Leak Tightness and Vapor 
Leaks, is recodified from Rule 2.0940. The framework of the rule and 
procedures from former 2.0940 do not change for leak testing included 
at paragraph (a). The certification requirements at paragraph (b) are 
rewritten to eliminate a cross-reference to 2.0941, Alternative Method 
for Leak Tightness,\12\ and

[[Page 67417]]

exclusively require Method 27 of Appendix A to 40 CFR part 60 for truck 
tanks equipped with vapor collection systems. This rule is also revised 
to clarify that the certification is an annual requirement, as 
specified in 2.0932. Consistent with SIP-approved procedures for the 
State of North Carolina, paragraph (b) includes minor differences in 
wording from Method 27 of Appendix A to 40 CFR part 60, and 
subparagraph (b)(3) does not allow for any alternative procedures that 
the federal method allows for at Section 16.0 of Method 27. 
Additionally, Appendices B and C of a cited EPA document in paragraph 
(a) are incorporated by reference via paragraph (c). Considering the 
elimination of the cross-reference to possible alternative procedures 
in Rule 2.0941, which is removed, and the clarifying nature of other 
changes to the test methods, Rule 2.2615 is at least as stringent as 
LIP-approved 2.0940.
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    \12\ Rule 2.0941 is removed in the April 24, 2020, submittal. 
See Section III.B of this NPRM for more details.
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    The changes to the Mecklenburg LIP as described in this Section 
would maintain and/or add source testing procedures, if approved. These 
procedures are necessary components of the SIP, consistent with 40 CFR 
part 51, subpart K, Source Surveillance, at 51.212, Testing, 
inspection, enforcement, and complaints. These rules are also 
consistent with the SIP-approved provisions for the State at 15A NCAC 
02D Section .2600 and would not interfere with any applicable 
requirements. EPA has preliminarily determined that these rules are 
consistent with federal requirements.

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 the following Mecklenburg County rules, with an effective 
date of June 1, 2008: 2.0501, Compliance with Emission Control 
Standards; \13\ 2.0912, General Provisions on Test Methods and 
Procedures; 2.0943, Synthetic Organic Chemical and Polymer 
Manufacturing; 2.0945, Petroleum Dry Cleaning; 2.2602, General 
Provisions on Test Methods and Procedures; \14\ 2.2603, Testing 
Protocol; 2.2604, Number of Test Points; 2.2605, Velocity and Volume 
Flow Rate; 2.2606, Molecular Weight; 2.2607, Determination of Moisture 
Content; 2.2608, Number of Runs and Compliance Determination; 2.2610, 
Opacity; 2.2612, Nitrogen Oxide Testing Methods; 2.2613, Volatile 
Organic Compound Testing Methods; 2.2614, Determination of VOC Emission 
Control System Efficiency; and 2.2615, Determination of Leak Tightness 
and Vapor Leaks. EPA is also proposing to incorporate by reference Rule 
2.0901, Definitions, with an effective date of January 1, 2009. Also in 
this document, EPA is proposing to remove provisions of the EPA-
Approved Mecklenburg County rules from the Mecklenburg portion of the 
North Carolina State Implementation Plan, which are incorporated by 
reference in accordance with the requirements of 1 CFR part 51. EPA has 
made, and will continue to make, the State Implementation Plan 
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).
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    \13\ Except for the addition of paragraph 2.0501(e), with an 
effective date of June 1, 2008, and except for changes to remove and 
recodify the prefatory text at 2.0501(c) and subparagraphs (c)(3), 
(c)(4), (c)(5), (c)(6), (c)10, (c)(15), (c)(16), and (c)(18), which 
will remain unchanged with a state effective date of June 14, 1990. 
Because EPA is acting on other portions of Rule 2.0501, which 
includes moving former paragraph (e) to paragraph (c) with an 
effective date of June 1, 2008, there will be two paragraphs 
2.0501(c), with different effective dates. EPA will consider the 
remaining portions of the June 14, 1990 version of paragraph (c) in 
a separate action.
    \14\ Except for paragraph 2.2602(i), which corresponds to 
2.0501(c)(18).
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V. Proposed Action

    EPA is proposing to approve the April 24, 2020, SIP revision to 
revise and recodify, to new rules at Section 2.2600, Source Testing, 
portions of Rule 2.0501, Compliance with Emission Control Standards, 
and certain rules from Section 2.0900, Volatile Organic Compounds. 
Specifically, EPA is proposing to approve the source testing methods 
and procedures identified in Section III of this NPRM into the LIP. EPA 
is proposing to approve these changes for the reasons discussed above.

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 that 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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


[[Page 67418]]


    Dated: November 17, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-25528 Filed 11-24-21; 8:45 am]
BILLING CODE 6560-50-P