Proposed Rule2021-25528
Air Plan Approval; North Carolina; Mecklenburg: Source Testing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 26, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 86 Issue 225 (Friday, November 26, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">www2.epa.gov/dockets/commenting-epa-dockets</a>.
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 <a href="/cdn-cgi/l/email-protection#50313b3522237e32223134103520317e373f26"><span class="__cf_email__" data-cfemail="06676d63747528647467624663766728616970">[email protected]</span></a> 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.<SUP>3 4</SUP>
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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 Fyrite<SUP>TM</SUP> 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: <a href="https://www.epa.gov/sites/production/files/2020-08/documents/gd-035.pdf">https://www.epa.gov/sites/production/files/2020-08/documents/gd-035.pdf</a>.
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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).
---------------------------------------------------------------------------
\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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.