[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53795-53798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16564]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0406; FRL-10991-02-R4]


Air Plan Approval; North Carolina; Bulk Gasoline Plants, 
Terminals Vapor Recovery Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the North Carolina 
Department of Environmental Quality (NCDEQ), Division of Air Quality 
(DAQ), via a letter dated April 13, 2021. This SIP revision includes 
changes to NCDEQ's regulations regarding bulk gasoline terminals and 
plants, gasoline cargo tanks and vapor collection

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systems, and leak tightness and vapor leak requirements. EPA is 
approving these changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective September 8, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0406. All documents in the docket 
are listed on the www.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: Kelly Sheckler, 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. Mrs. Sheckler can be 
reached via electronic mail at [email protected] or via telephone 
at (404) 562-9222.

SUPPLEMENTARY INFORMATION: 

I. This Action

    EPA is approving changes to North Carolina's SIP that were provided 
to EPA through NCDEQ via a letter dated April 13, 2021.\1\ 
Specifically, EPA is approving changes to 15A North Carolina 
Administrative Code (NCAC), Subchapter 02D, Rules .0926, Bulk Gasoline 
Plants; \2\ .0927, Bulk Gasoline Terminals; \3\ .0932, Gasoline Cargo 
Tanks and Vapor Collection Systems; and .2615, Determination of Leak 
Tightness and Vapor Leaks.\4\ These changes include adding, removing, 
and revising definitions; removing obsolete language; clarifying some 
requirements; and making general grammar and formatting updates. 
Through a notice of proposed rulemaking (NPRM), published on June 13, 
2023, (88 FR 38436), EPA proposed to approve the April 13, 2021, 
changes to North Carolina Rules 15 NCAC 02D .0926, .0927, .0932, and 
.2615. 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. 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, adverse or otherwise.
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    \1\ EPA notes that the April 13, 2021, submittal was received by 
EPA on April 14, 2021.
    \2\ In Paragraph (n) of Rule .0926, North Carolina's Rule 
references Rule 02D .0960 which is not in the SIP. DAQ has withdrawn 
that reference in Paragraph (n) from the April 13, 2021, SIP 
revision.
    \3\ Similar to the changes in Rule 02D .0926(n), Rule 02D 
.0927(k) also references Rule 02D .0960 which is not in the SIP. DAQ 
has withdrawn that reference in Paragraph (k) from the April 13, 
2021, SIP revision.
    \4\ EPA notes that the Agency received several revisions to the 
North Carolina SIP transmitted with the same April 13, 2021, cover 
letter. EPA is not acting on revisions to the North Carolina SIP in 
this document that are not explicitly identified herein, and EPA may 
act on these other SIP revisions in separate rulemakings.
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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 of 15A NCAC Subchapter 02D, 
Rules .0926, Bulk Gasoline Plants,\5\ and .0927, Bulk Gasoline 
Terminals,\6\ both state-effective on November 1, 2020; as well as 
Rules .0932, Gasoline Cargo Tanks and Vapor Collection Systems, and 
.2615, Determination of Leak Tightness and Vapor Leaks, both state-
effective October 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 State implementation plan, 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.\7\
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    \5\ Except for references to Rule 02D .0960 found in paragraph 
.0926(n).
    \6\ Except for references to Rule 02D .0960 found in paragraph 
.0927(k).
    \7\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the aforementioned changes to the SIP. 
Specifically, EPA is finalizing the approval of the April 13, 2021, SIP 
revision that incorporate changes to North Carolina's rules in 02D 
Section .0926, Bulk Gasoline Plants; .0927, Bulk Gasoline Terminals; 
.0932, Gasoline Cargo Tanks and Vapor Recovery Collection Systems; and 
.2615, Determination of Leak Tightness and Vapor Leaks into the 
federally approved SIP.

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

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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.''
    DAQ 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 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 10, 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
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, amend the table in paragraph (c)(1) by removing 
the entries ``Section .0926,'' ``Section .0927,'' ``Section .0932,'' 
and ``Section .2615'' and adding in their place entries ``Rule .0926,'' 
``Rule .0927,'' ``Rule .0932,'' and ``Rule .2615,'' respectively, to 
read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA-Approved North Carolina Regulations
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                                                          State
       State citation             Title/subject      effective date    EPA approval date         Explanation
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                                                  * * * * * * *
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                                    Section .0900 Volatile Organic Compounds
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                                                  * * * * * * *
Rule .0926..................  Bulk Gasoline Plants.       11/1/2020  8/9/2023, [Insert      Except for
                                                                      citation of            references to Rule
                                                                      publication].          02D .0960 found in
                                                                                             paragraph .0926(n).
Rule .0927..................  Bulk Gasoline               11/1/2020  8/9/2023, [Insert      Except for
                               Terminals.                             citation of            references to Rule
                                                                      publication].          02D .0960 found in
                                                                                             paragraph .0927(k).
 
                                                  * * * * * * *
Rule .0932..................  Gasoline Cargo Tanks        10/1/2020  8/9/2023, [Insert      ....................
                               and Vapor Collection                   citation of
                               Systems.                               publication].
 
                                                  * * * * * * *
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                                          Section .2600 Source Testing
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                                                  * * * * * * *
Rule .2615..................  Determination of Leak       10/1/2020  8/9/2023, [Insert      ....................
                               Tightness and Vapor                    citation of
                               Leaks.                                 publication].
 
                                                  * * * * * * *
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[FR Doc. 2023-16564 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P