[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Pages 51713-51717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16600]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0618; FRL-9242-02-R4]


Air Plan Approval; North Carolina; Volatile Organic Compound 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
approval of a State Implementation Plan (SIP) revision to the North 
Carolina SIP, submitted by the State of North Carolina through the 
North Carolina Department of Environmental Quality (NCDEQ), Division of 
Air Quality (NCDAQ), via a letter dated April 13, 2021. This SIP 
revision updates several NCDEQ air regulations which apply to sources 
that emit volatile organic compounds (VOC).

DATES: This rule is effective September 8, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0618. All documents in the docket 
are listed on the regulations.gov website. Although listed in the 
index, some information may not be 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 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. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann, 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. Ms. Spann can be reached via 
electronic mail at [email protected] or via telephone at (404) 562-
9029.

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing to take?

    EPA is finalizing the approval of changes to North Carolina's SIP 
that were provided to EPA through NCDAQ via a letter dated April 13, 
2021.\1\ Specifically, EPA is approving changes to 15A North Carolina 
Administrative Code (NCAC) Subchapter 02D, Section .0900, Volatile 
Organic Compounds (hereinafter referred to as Section .0900).\2\ The 
April 13, 2021, revision to the North Carolina SIP transmits a few 
substantive changes and a number of changes that do not alter the 
meaning of the regulations, such as clarifying changes, updated cross-
references, and several ministerial language changes. In addition, 
other changes include adding, deleting, and editing definitions and 
adding SIP-strengthening language.
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    \1\ EPA notes that the submittal was received through the State 
Planning Electronic Collaboration System (SPeCS) on April 14, 2021. 
For clarity, this notice will refer to the submittal by the date on 
the cover letter, which is April 13, 2021.
    \2\ EPA notes that the Agency received several submittals 
revising the North Carolina SIP that were transmitted with the same 
April 13, 2021, cover letter. EPA has considered and will be 
considering action for these other SIP revisions in separate 
rulemakings.
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    North Carolina's Section .0900 rules regulate sources that emit 
greater than or equal to 15 pounds of VOC per day, unless otherwise 
specified in Section .0900. Most of the SIP changes to Section .0900 
are ministerial and formatting changes, with clarifying changes 
throughout. Specifically, EPA is approving changes to Rules .0901, 
Definitions; .0902, Applicability; .0903, Recordkeeping: Reporting: 
Monitoring; .0906, Circumvention; .0909, Compliance Schedules for 
Sources in Ozone Nonattainment and Maintenance Areas; .0912, General 
Provisions on Test Methods and Procedures; .0918, Can Coating; .0919, 
Coil Coating; .0922, Metal Furniture Coatings; .0923, Surface Coating 
of Large Appliance Parts; .0924, Magnet Wire Coating; .0925, Petroleum 
Liquid Storage in Fixed Roof Tanks; .0928, Gasoline Service Stations 
Stage 1; .0930, Solvent Metal Cleaning; .0931, Cutback Asphalt; .0933, 
Petroleum Liquid Storage in External Floating Roof Tanks; .0935, 
Factory Surface Coating of Flat Wood Paneling; .0937, Manufacture of 
Pneumatic Rubber Tires; .0943, Synthetic Organic Chemical and Polymer 
Manufacturing; .0944, Manufacture of Polyethylene: Polypropylene and 
Polystyrene; .0945 Petroleum Dry Cleaning; .0947, Manufacture of 
Synthesized Pharmaceutical Products; .0948, VOC Emissions from Transfer 
Operations; .0949, Storage of Miscellaneous Volatile Organic Compounds; 
.0951, RACT For Sources of Volatile Organic Compounds; .0955, Thread 
Bonding Manufacturing; .0956, Glass Christmas Ornament Manufacturing; 
.0957, Commercial Bakeries; .0961, Offset Lithographic Printing and 
Letterpress Printing; .0962, Industrial Cleaning Solvents; .0963, 
Fiberglass Boat Manufacturing Materials; .0964, Miscellaneous 
Industrial Adhesives; .0965, Flexible Package Printing; .0966, Paper, 
Film and Foil Coatings; .0967, Miscellaneous Metal and Plastic Parts 
Coatings; and .0968, Automobile and Light Duty Truck Assembly 
Coatings.\3\
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    \3\ Hereinafter, the North Carolina Rules will be identified by 
``Rule'' and the accompanying number, e.g., Rule .0901.
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    Through a notice of proposed rulemaking (NPRM), published on June 
13, 2023, EPA proposed to approve North Carolina's April 13, 2021, 
submission. The proposed changes included various ministerial and minor 
changes to language and other clarifying changes throughout North 
Carolina's

[[Page 51714]]

rules in 02D Section .0900, Volatile Organic Compounds. The details of 
North Carolina's submission, as well as EPA's rationale for approving 
the changes, are described in more detail in the June 13, 2023, NPRM. 
See 88 FR 38441. Comments on the June 13, 2023, NPRM were due on or 
before July 13, 2023. No comments were received on the June 13, 2023, 
NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, and as discussed in Section I of this preamble, EPA is 
finalizing the incorporation by reference 15A NCAC Subchapter 02D Rules 
.0901, Definitions; .0902, Applicability, with the exception of 
paragraph .0902(d)(2) and the reference in paragraph .0902(c) to 
paragraph .0902(d)(2); .0903, Recordkeeping: Reporting: Monitoring; 
.0906, Circumvention; .0909, Compliance Schedules for Sources in Ozone 
Nonattainment and Maintenance Areas; .0912, General Provisions on Test 
Methods and Procedures; .0918, Can Coating; .0919, Coil Coating; .0922, 
Metal Furniture Coatings; .0923, Surface Coating of Large Appliance 
Parts; .0924, Magnet Wire Coating; .0925, Petroleum Liquid Storage in 
Fixed Roof Tanks; .0928, Gasoline Service Stations Stage 1; .0930, 
Solvent Metal Cleaning; .0931, Cutback Asphalt; .0933, Petroleum Liquid 
Storage in External Floating Roof Tanks; .0935, Factory Surface Coating 
of Flat Wood Paneling; .0937, Manufacture of Pneumatic Rubber Tires; 
.0943, Synthetic Organic Chemical and Polymer Manufacturing; .0944, 
Manufacture of Polyethylene: Polypropylene and Polystyrene; .0945, 
Petroleum Dry Cleaning; .0947, Manufacture of Synthesized 
Pharmaceutical Products; .0948, VOC Emissions from Transfer Operations; 
.0949, Storage of Miscellaneous Volatile Organic Compounds; .0951, RACT 
for Sources of Volatile Organic Compounds; .0955, Thread Bonding 
Manufacturing; .0956, Glass Christmas Ornament Manufacturing; .0957, 
Commercial Bakeries; .0961, Offset Lithographic Printing and 
Letterpress Printing; .0962, Industrial Cleaning Solvents; .0963, 
Fiberglass Boat Manufacturing Materials; .0964, Miscellaneous 
Industrial Adhesives; .0965, Flexible Package Printing; .0966, Paper, 
Film and Foil Coatings; .0967, Miscellaneous Metal and Plastic Parts 
Coatings; and .0968, Automobile and Light Duty Truck Assembly Coatings. 
These regulations were state effective on November 1, 2020. EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and at the EPA Region 4 Office (please 
contact the person identified in the For Further Information Contact 
section of this preamble for more information). Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\4\
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    \4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is finalizing the approval of the April 13, 2021, SIP revision 
to incorporate various changes to North Carolina's VOC air provisions 
into the SIP. Specifically, EPA is approving various ministerial and 
minor changes to language and other clarifying changes throughout North 
Carolina's rules in 02D Section .0900, Volatile Organic Compounds. EPA 
is approving these changes because they are consistent with the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 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 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    In addition, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    NCDAQ did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as

[[Page 51715]]

part of this action, and there is no information in the record 
inconsistent with the stated goal of E.O. 12898 of achieving EJ for 
people of color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 October 3, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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. In Sec.  52.1770(c), amend table 1 by removing the entries for 
``Section .0901,'' ``Section .0902,'' ``Section .0903,'' ``Section 
.0906,'' ``Section .0909,'' ``Section .0912,'' ``Section .0918,'' 
``Section .0919,'' ``Section .0922,'' ``Section .0923,'' ``Section 
.0924,'' ``Section .0925,'' ``Section .0928,'' ``Section .0930,'' 
``Section .0931,'' ``Section .0933,'' ``Section .0935,'' ``Section 
.0937,'' ``Section .0943,'' ``Section .0944,'' ``Section .0945,'' 
``Section .0947,'' ``Section .0948,'' ``Section .0949,'' ``Section 
.0951,'' ``Section .0955,'' ``Section .0956,'' ``Section .0957,'' 
``Section .0961,'' ``Section .0962,'' ``Section .0963,'' ``Section 
.0964,'' ``Section .0965,'' ``Section .0966,'' ``Section .0967,'' and 
``Section .0968;'' and adding in their place entries for ``Rule 
.0901,'' ``Rule .0902,'' ``Rule .0903,'' ``Rule .0906,'' ``Rule 
.0909,'' ``Rule .0912,'' ``Rule .0918,'' ``Rule .0919,'' ``Rule 
.0922,'' ``Rule .0923,'' ``Rule .0924,'' ``Rule .0925,'' ``Rule 
.0928,'' ``Rule .0930,'' ``Rule .0931,'' ``Rule .0933,'' ``Rule 
.0935,'' ``Rule .0937,'' ``Rule .0943,'' ``Rule .0944,'' ``Rule 
.0945,'' ``Rule .0947,'' ``Rule .0948,'' ``Rule .0949,'' ``Rule 
.0951,'' ``Rule .0955,'' ``Rule .0956,'' ``Rule .0957,'' ``Rule 
.0961,'' ``Rule .0962,'' ``Rule .0963,'' ``Rule .0964,'' ``Rule 
.0965,'' ``Rule .0966,'' ``Rule .0967,'' and ``Rule .0968.''
    The amendment reads as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
       State citation            Title/subject      effective date    EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Section .0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Rule .0901.................  Definitions..........       11/1/2020  8/4/2023, [Insert
                                                                     citation of
                                                                     publication].
Rule .0902.................  Applicability........       11/1/2020  8/4/2023, [Insert      Except for paragraph
                                                                     citation of            .0902(d)(2) and the
                                                                     publication].          reference to
                                                                                            paragraph.0902(d)(2)
                                                                                            found in .0902(c).
Rule .0903.................  Recordkeeping:              11/1/2020  8/4/2023, [Insert
                              Reporting:                             citation of
                              Monitoring.                            publication].
 
                                                  * * * * * * *
Rule .0906.................  Circumvention........       11/1/2020  8/4/2023, [Insert
                                                                     citation of
                                                                     publication].
 
                                                  * * * * * * *
Rule .0909.................  Compliance Schedules        11/1/2020  8/4/2023, [Insert
                              for Sources in Ozone                   citation of
                              Nonattainment and                      publication].
                              Maintenance Areas.
Rule .0912.................  General Provisions on       11/1/2020  8/4/2023, [Insert
                              Test Methods and                       citation of
                              Procedures.                            publication].
Rule .0918.................  Can Coating..........       11/1/2020  8/4/2023, [Insert
                                                                     citation of
                                                                     publication].
Rule .0919.................  Coil Coating.........       11/1/2020  8/4/2023, [Insert
                                                                     citation of
                                                                     publication].
Rule .0922.................  Metal Furniture             11/1/2020  8/4/2023, [Insert
                              Coatings.                              citation of
                                                                     publication].
Rule .0923.................  Surface Coating of          11/1/2020  8/4/2023, [Insert
                              Large Appliance                        citation of
                              Parts.                                 publication].
Rule .0924.................  Magnet Wire Coating..       11/1/2020  8/4/2023, [Insert
                                                                     citation of
                                                                     publication].

[[Page 51716]]

 
Rule .0925.................  Petroleum Liquid            11/1/2020  8/4/2023, [Insert
                              Storage in Fixed                       citation of
                              Roof Tanks.                            publication].
 
                                                  * * * * * * *
Rule .0928.................  Gasoline Service            11/1/2020  8/4/2023, [Insert
                              Stations Stage 1.                      citation of
                                                                     publication].
Rule .0930.................  Solvent Metal               11/1/2020  8/4/2023, [Insert
                              Cleaning.                              citation of
                                                                     publication].
Rule .0931.................  Cutback Asphalt......       11/1/2020  8/4/2023, [Insert
                                                                     citation of
                                                                     publication].
 
                                                  * * * * * * *
Rule .0933.................  Petroleum Liquid            11/1/2020  8/4/2023, [Insert
                              Storage in External                    citation of
                              Floating Roof Tanks.                   publication].
Rule .0935.................  Factory Surface             11/1/2020  8/4/2023, [Insert
                              Coating of Flat Wood                   citation of
                              Paneling.                              publication].
Rule .0937.................  Manufacture of              11/1/2020  8/4/2023, [Insert
                              Pneumatic Rubber                       citation of
                              Tires.                                 publication].
Rule .0943.................  Synthetic Organic           11/1/2020  8/4/2023, [Insert
                              Chemical and Polymer                   citation of
                              Manufacturing.                         publication].
Rule .0944.................  Manufacture of              11/1/2020  8/4/2023, [Insert
                              Polyethylene:                          citation of
                              Polypropylene and                      publication].
                              Polystyrene.
Rule .0945.................  Petroleum Dry               11/1/2020  8/4/2023, [Insert
                              Cleaning.                              citation of
                                                                     publication].
Rule .0947.................  Manufacture of              11/1/2020  8/4/2023, [Insert
                              Synthesized                            citation of
                              Pharmaceutical                         publication].
                              Products.
Rule .0948.................  VOC Emissions from          11/1/2020  8/4/2023, [Insert
                              Transfer Operations.                   citation of
                                                                     publication].
Rule .0949.................  Storage of                  11/1/2020  8/4/2023, [Insert
                              Miscellaneous                          citation of
                              Volatile Organic                       publication].
                              Compounds.
Rule .0951.................  RACT for Sources of         11/1/2020  8/4/2023, [Insert
                              Volatile Organic                       citation of
                              Compounds.                             publication].
 
                                                  * * * * * * *
Rule .0955.................  Thread Bonding              11/1/2020  8/4/2023, [Insert
                              Manufacturing.                         citation of
                                                                     publication].
Rule .0956.................  Glass Christmas             11/1/2020  8/4/2023, [Insert
                              Ornament                               citation of
                              Manufacturing.                         publication].
Rule .0957.................  Commercial Bakeries..       11/1/2020  8/4/2023, [Insert
                                                                     citation of
                                                                     publication].
 
                                                  * * * * * * *
Rule .0961.................  Offset Lithographic         11/1/2020  8/4/2023, [Insert
                              Printing and                           citation of
                              Letterpress Printing.                  publication].
Rule .0962.................  Industrial Cleaning         11/1/2020  8/4/2023, [Insert
                              Solvents.                              citation of
                                                                     publication].
Rule .0963.................  Fiberglass Boat             11/1/2020  8/4/2023, [Insert
                              Manufacturing                          citation of
                              Materials.                             publication].
Rule .0964.................  Miscellaneous               11/1/2020  8/4/2023, [Insert
                              Industrial Adhesives.                  citation of
                                                                     publication].
Rule .0965.................  Flexible Package            11/1/2020  8/4/2023, [Insert
                              Printing.                              citation of
                                                                     publication].
Rule .0966.................  Paper, Film and Foil        11/1/2020  8/4/2023, [Insert
                              Coatings.                              citation of
                                                                     publication].
Rule .0967.................  Miscellaneous Metal         11/1/2020  8/4/2023, [Insert
                              and Plastic Parts                      citation of
                              Coatings.                              publication].
Rule .0968.................  Automobile and Light        11/1/2020  8/4/2023, [Insert
                              Duty Truck Assembly                    citation of
                              Coatings.                              publication].
 
                                                  * * * * * * *
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[FR Doc. 2023-16600 Filed 8-3-23; 8:45 am]
BILLING CODE 6560-50-P