Proposed Rule2023-12581
Air Plan Approval; North Carolina; Volatile Organic Compound Regulations
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
June 13, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve 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).
Full Text
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<title>Federal Register, Volume 88 Issue 113 (Tuesday, June 13, 2023)</title>
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[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Proposed Rules]
[Pages 38441-38448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12581]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0618; FRL-9242-01-R4]
Air Plan Approval; North Carolina; Volatile Organic Compound
Regulations
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 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: Comments must be received on or before July 13, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0618 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: 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 <a href="/cdn-cgi/l/email-protection#92e1e2f3fcfcbcf8f3fcf7d2f7e2f3bcf5fde4"><span class="__cf_email__" data-cfemail="146764757a7a3a7e757a71547164753a737b62">[email protected]</span></a> or via telephone at (404) 562-
9029.
SUPPLEMENTARY INFORMATION:
I. What action is EPA proposing to take?
EPA is proposing to approve changes to North Carolina's SIP that
were provided to EPA through NCDAQ via a letter dated April 13,
2021.\1\ Specifically, EPA is proposing to approve 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 will be considering
action for these other SIP revisions in separate rulemakings.
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II. EPA's Analysis of the State's Submittal
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. EPA is proposing to approve the 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
[[Page 38442]]
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\ EPA's analysis of each aforementioned rule change included
in the April 13, 2021, SIP revision is below:
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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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a. Rule .0901, Definitions
Rule .0901 includes definitions that apply to Section .0900 rules.
The April 13, 2021, revision does not include any substantive changes
to Rule .0901 but includes only minor wording, formatting,
administrative and technical changes, e.g., in the definition of
``loading rack,'' changing a reference to ``tank truck or trailer'' to
``cargo tank,'' which corresponds to the addition of the definition of
``cargo tank'' in Rule .0926.\4\ Changes to Rule .0901 also include
updates to American Society for Testing and Materials (ASTM) and
American Petroleum Institute (API) bulletin references that are
appropriate because the references have become outdated, incorporation
by reference of an API document, and an update to the formatting of
rule references.
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\4\ Changes to Rule .0926 submitted with the April 13, 2021,
cover letter will be considered for action in a separate rulemaking.
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The State of North Carolina originally adopted Rule .0901 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, SIP revision with respect to Rule .0901
because, as minor, non-substantive changes, they will not impact air
quality and thus will not interfere with any applicable Clean Air Act
(CAA or Act) requirements.\5\
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\5\ Section 110(l) of the CAA prohibits EPA from approving a SIP
revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the Act.
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b. Rule .0902, Applicability
Rule .0902 outlines the applicability parameters for Section .0900
rules. The April 13, 2021, revision does not include any substantive
changes to Rule .0902 but includes minor changes to update the
formatting of rule references and makes minor wording changes including
changing ``truck tanks'' to ``cargo tanks,'' which corresponds to the
addition of the definition of ``cargo tank'' in Rule .0926.\6\ Rule
.0902(c) is changed to refer to exclusions found in Rule .0902(d)
instead of Rule .0902(d)(1). Rule .0902(d)(2) is not currently approved
into the North Carolina SIP. Because the Rule .0902(d) reference
effectively includes only Rule .0902(d)(1) for SIP purposes, EPA is
proposing to approve the revised version of Rule .0902(c) except as it
refers to Rule .0902(d)(2). Also, Rule .0902(f) adds the date January
2, 2014, for clarification related to identifying certain moderate
nonattainment areas required to address Control Technique Guidelines
(CTGs).
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\6\ See n.4.
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The State of North Carolina originally adopted Rule .0902 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to
approve the April 13, 2021, updates to Rule .0902 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
c. Rule .0903, Recordkeeping: Reporting: Monitoring
Rule .0903 outlines the recordkeeping, reporting, and monitoring
requirements for Section .0900 rules. The April 13, 2021, revision does
not include substantive changes to Rule .0903 but only makes minor
grammatical edits and updates the formatting of a rule reference. These
changes clarify the meaning of the previously SIP-approved version of
the rule.
EPA most recently incorporated updates to Rule .0903 into the North
Carolina SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to
approve the updates to Rule .0903 because, as minor, non-substantive
changes, they will not impact air quality and thus they will not
interfere with any applicable CAA requirements.
d. Rule .0906, Circumvention
Rule .0906 outlines the restriction of concealing VOC emissions
related to the Section .0900 rules. The April 13, 2021, revision does
not include substantive changes to Rule .0906 but includes minor
grammatical edits. These edits clarify but do not change the meaning of
the previously SIP-approved version.
The State of North Carolina originally adopted Rule .0906 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on December 19, 1986. See 51 FR 45468. EPA is proposing
to approve the April 13, 2021, updates to Rule .0906 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
e. Rule .0909, Compliance Schedules for Sources in Ozone Nonattainment
and Maintenance Areas
Rule .0909 outlines compliance schedules for sources in ozone
nonattainment areas and those nonattainment areas that have been
redesignated to attainment (i.e., maintenance areas), as they relate to
the Section .0900 rules. The April 13, 2021, revision does not include
substantive changes to Rule .0909 but includes minor grammatical and
wording edits and updates the formatting of rule references. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
The State of North Carolina originally adopted Rule .0909 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to
approve the April 13, 2021, updates to Rule .0909 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
f. Rule .0912, General Provisions on Test Methods and Procedures
Rule .0912 outlines general provisions on test methods and
procedures related to Section .0900 rules. The April 13, 2021, revision
does not include substantive changes to Rule .0912 but includes minor
grammatical edits and updates the formatting of a rule reference. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
[[Page 38443]]
The State of North Carolina originally adopted Rule .0912 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0912 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
g. Rule .0918, Can Coating
Rule .0918 outlines VOC-related provisions for can coating
operations in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0918 but includes minor
administrative, grammatical, and wording edits and updates the
formatting of a rule reference. Also, Rule .0918 is revised to limit
the applicability of Rule .0918(d) to sources controlling VOC prior to
July 1, 2000, to reflect that, while Rule .0918 already references Rule
.0518, Rule .0518 was repealed on July 1, 2000. These changes clarify
but do not change the meaning of the previously SIP-approved version of
the rule.
The State of North Carolina originally adopted Rule .0918 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0918 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
h. Rule .0919, Coil Coating
Rule .0919 outlines VOC-related provisions for coil coating
operations in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0919 but includes minor
administrative and clarifying word changes, e.g., a change to clarify
that Rule .0919 applies to VOC that come from coating applicators.
Also, Rule .0919 is revised to limit the applicability of Rule .0919(d)
to sources controlling VOC prior to July 1, 2000, to reflect that,
while Rule .0919 already references Rule .0518, Rule .0518 was repealed
on July 1, 2000. These changes clarify but do not change the meaning of
the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0919 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0919 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
i. Rule .0922, Metal Furniture Coatings
Rule .0922 outlines VOC-related provisions for metal furniture
coating operations in North Carolina. The April 13, 2021, revision does
not include substantive changes to Rule .0922 but includes minor
administrative and grammatical edits, updates the formatting of rule
references, and updates references to federal regulations. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
The State of North Carolina originally adopted Rule .0922 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0922 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
j. Rule .0923, Surface Coating of Large Appliance Parts
Rule .0923 outlines VOC-related provisions for surface coating
operations for large appliance parts in North Carolina. The April 13,
2021, revision does not include substantive changes to Rule .0923 but
includes minor administrative and grammatical edits, updates the
formatting of rule references, and updates references to federal
regulations. These changes clarify but do not change the meaning of the
previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0923 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0923 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
k. Rule .0924, Magnet Wire Coating
Rule .0924 outlines VOC-related provisions for magnet wire coating
operations in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0924 but includes minor
administrative and clarifying word changes, e.g., a change clarifies
that Rule .0924 applies to VOC from the oven(s) of magnet wire coating
operations. Also, Rule .0924 is revised to limit Rule .0924(d) to
sources controlling VOC prior to July 1, 2000, to reflect that, while
Rule .0924 already references Rule .0518, Rule .0518 was repealed July
1, 2000. These changes clarify but do not change the meaning of the
previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0924 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0924 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
l. Rule .0925, Petroleum Liquid Storage in Fixed Roof Tanks
Rule .0925 outlines VOC-related provisions for petroleum liquid
storage in fixed roof tanks in North Carolina. The April 13, 2021,
revision does not include substantive changes to Rule .0925 but makes
minor administrative, grammatical, and wording edits, technical
corrections such as changing vapor pressure ``psia'' to ``pounds per
square inch,'' and updates to the formatting of rule references. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
The State of North Carolina originally adopted Rule .0925 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on June 23, 1994. See 59 FR 32362. EPA is proposing to
approve the April 13, 2021, updates to Rule .0925 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
m. Rule .0928, Gasoline Service Stations Stage 1
Rule .0928 outlines VOC-related provisions for gasoline service
stations stage 1 controls in North Carolina. The April 13, 2021,
revision does not include substantive changes to Rule .0928 but makes
minor administrative and grammatical edits, as well as technical
corrections such as changing Reid vapor pressure ``psia'' to ``pounds
per square inch,'' changing references to ``tank trucks or trailers''
to ``cargo tanks'' which corresponds to the addition of the definition
of ``cargo tank'' in Rule .0926,\7\ and changing ``Dual point system''
to ``Dual point vapor recovery system.'' Changes to Rule .0928 also
alphabetize definitions and update the formatting of rule references.
These
[[Page 38444]]
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
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\7\ See n.4.
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The State of North Carolina originally adopted Rule .0928 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0928 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
n. Rule .0930, Solvent Metal Cleaning
Rule .0930 outlines VOC-related provisions for solvent metal
cleaning in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0930 but includes minor
administrative and grammatical edits and updates the formatting of rule
references. These changes clarify but do not change the meaning of the
previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0930 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0930 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
o. Rule .0931, Cutback Asphalt
Rule .0931 outlines VOC-related provisions for cutback asphalt in
North Carolina. The April 13, 2021, revision includes substantive and
non-substantive changes to Rule .0931. The substantive changes include
adding paving roads, sidewalks, airfields, runways, taxiways, and
parking aprons to the list of applicable purposes of the manufacture
and use of cutback asphalts. The substantive changes also include the
removal of an exclusion for cutback asphalt used for a tack coat for
the purpose of patch work not to exceed 1672 square meters (2000 square
yards). These substantive changes are approvable because they are
considered SIP-strengthening. The non-substantive changes are minor
administrative and grammatical edits including the removal of the
definition of ``Emulsified asphalt'' (a term which does not appear
elsewhere in Rule .0931 and thus seemingly need not be defined) and a
minor technical clarification specifying that the Federal Aviation
Administration (FAA) Weather Station referenced in paragraph (c) is the
FAA Surface Weather Observation Station. These changes clarify and
strengthen the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0931 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on June 23, 1994. See 59 FR 32362. EPA is proposing to
approve the April 13, 2021, updates to Rule .0931 because both the
substantive and minor, non-substantive changes will not adversely
impact air quality and thus will not interfere with any applicable CAA
requirements.
p. Rule .0933, Petroleum Liquid Storage in External Floating Roof Tanks
Rule .0933 outlines VOC-related provisions for petroleum liquid
storage in external floating roof tanks in North Carolina. The April
13, 2021, revision does not include substantive changes to Rule .0933
but includes minor administrative and grammatical edits, updates the
formatting of rule references, and clarifies that the routine visual
inspections referenced in paragraph (d) are done to verify the
conditions of the seal. These changes clarify but do not change the
meaning of the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0933 in 1980.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0933 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
q. Rule .0935, Factory Surface Coating of Flat Wood Paneling
Rule .0935 outlines VOC-related provisions for factory surface
coating of flat wood paneling operations in North Carolina. The April
13, 2021, revision does not include substantive changes to Rule .0935
but includes minor administrative and grammatical edits and updates the
formatting of rule references. These changes clarify but do not change
the meaning of the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0935 in 1980.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0935 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
r. Rule .0937, Manufacture of Pneumatic Rubber Tires
Rule .0937 outlines VOC-related provisions for manufacture of
pneumatic rubber tires in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0937 but includes minor
administrative and grammatical edits. These changes clarify but do not
change the meaning of the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0937 in 1980.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0937 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
s. Rule .0943, Synthetic Organic Chemical and Polymer Manufacturing
Rule .0943 outlines VOC-related provisions for synthetic organic
chemical and polymer manufacturing in North Carolina. The April 13,
2021, revision includes mostly non-substantive changes to Rule .0943,
such as minor administrative and grammatical edits and updates to the
formatting of rule references, which clarify but do not change the
meaning of the previously SIP-approved version of the rule. The SIP
revision also includes a substantive, SIP-strengthening change: in Rule
.0943(i), the change from stating that the Director ``shall'' allow
less frequent emissions monitoring to stating that the Director ``may''
allow it.
The State of North Carolina originally adopted Rule .0943 in 1985.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0943 because, as minor,
non-substantive changes or strengthening changes, they will not
negatively impact air quality and thus they will not interfere with any
applicable CAA requirements.
t. Rule .0944, Manufacture of Polyethylene: Polypropylene and
Polystyrene
Rule .0944 outlines VOC-related provisions for manufacture of
polyethylene (polypropylene and polystyrene) in North Carolina. The
April 13, 2021, revision does not include substantive changes to Rule
.0944 but includes minor administrative and grammatical edits and
updates the
[[Page 38445]]
formatting of rule references. These changes clarify but do not change
the meaning of the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0944 in 1985.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on November 19, 1986. See 51 FR 41786. EPA is proposing
to approve the April 13, 2021, updates to Rule .0944 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
u. Rule .0945, Petroleum Dry Cleaning
Rule .0945 outlines VOC-related provisions for petroleum dry
cleaning in North Carolina. The April 13, 2021, revision includes
mostly non-substantive changes to Rule .0945, such as minor
administrative and grammatical edits and updates to the formatting of
rule references, which clarify but do not change the meaning of the
previously SIP-approved version of the rule. The SIP revision also
includes a substantive, SIP-strengthening change: in Rule .0945(g),
adding a retention requirement for records of compliance tests.
The State of North Carolina originally adopted Rule .0945 in 1985.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0945 because, as minor,
non-substantive changes or strengthening changes, they will not
negatively impact air quality and thus they will not interfere with any
applicable CAA requirements.
v. Rule .0947, Manufacture of Synthesized Pharmaceutical Products
Rule .0947 outlines VOC-related provisions for manufacture of
synthesized pharmaceutical products in North Carolina. The April 13,
2021, revision does not include substantive changes to Rule .0947 but
includes minor administrative and grammatical edits, updates the
formatting of rule references and clarifies in paragraph (c) when
controlling VOC emissions from synthesized pharmaceutical products
manufacturing facility storage tanks that pressure/vacuum conservation
tanks shall be set at plus or minus 0.8 inches of water instead of set
at 0.8 inches of water. These changes clarify but do not change the
meaning of the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0947 in 1994.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 5, 1995. See 60 FR 22283. EPA is proposing to
approve the April 13, 2021, updates to Rule .0947 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
w. Rule .0948, VOC Emissions from Transfer Operations
Rule .0948 outlines provisions for VOC emissions from transfer
operations in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0948 but makes minor
administrative and grammatical edits such as changing ``tank trucks,
trailers'' to ``cargo tanks,'' which corresponds to the addition of the
definition of ``cargo tank'' in Rule .0926, and updates the formatting
of rule references. These changes clarify but do not change the meaning
of the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0948 in 1994.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 27, 2001. See 66 FR 34117. EPA is proposing to
approve the April 13, 2021, updates to Rule .0948 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
x. Rule .0949, Storage of Miscellaneous Volatile Organic Compounds
Rule .0949 outlines provisions for storage of miscellaneous VOC in
North Carolina. The April 13, 2021, revision does not include
substantive changes to Rule .0949 but includes minor administrative and
grammatical edits and updates the formatting of rule references. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
The State of North Carolina originally adopted Rule .0949 in 1994.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 27, 2001. See 66 FR 34117. EPA is proposing to
approve the April 13, 2021, updates to Rule .0949 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
y. Rule .0951, RACT for Sources of Volatile Organic Compounds
Rule .0951 outlines provisions for RACT for sources of VOC in North
Carolina. The April 13, 2021, revision does not include substantive
changes to Rule .0951 but includes minor administrative and grammatical
edits and updates the formatting of rule references. These changes
clarify but do not change the meaning of the previously SIP-approved
version of the rule.
The State of North Carolina originally adopted Rule .0951 in 1994.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0951 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
z. Rule .0955, Thread Bonding Manufacturing
Rule .0955 outlines VOC provisions for thread bonding manufacturing
in North Carolina. The April 13, 2021, revision does not include
substantive changes to Rule .0955 but includes minor administrative and
grammatical edits and updates the formatting of rule references. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
The State of North Carolina originally adopted Rule .0955 in 1995.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on February 1, 1996. See 61 FR 3588. EPA is proposing to
approve the April 13, 2021, updates to Rule .0955 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
aa. Rule .0956, Glass Christmas Ornament Manufacturing
Rule .0956 outlines VOC provisions glass Christmas ornament
manufacturing in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0956 but includes minor
administrative and grammatical edits. These changes clarify but do not
change the meaning of the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0956 in 1995.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on February 1, 1996. See 61 FR 54362. EPA is proposing
to approve the April 13, 2021, updates to Rule .0956 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
bb. Rule .0957, Commercial Bakeries
Rule .0957 outlines VOC provisions at commercial bakeries in North
Carolina.
[[Page 38446]]
The April 13, 2021, revision does not include substantive changes to
Rule .0957 but includes minor administrative and grammatical edits,
updates the formatting of rule references, and clarifies that in
paragraph (d) the reference to commercial baking ovens refers to ovens
in commercial bakeries. These changes clarify but do not change the
meaning of the previously SIP-approved version of the rule.
The State of North Carolina originally adopted Rule .0957 in 1995.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on February 1, 1996. See 61 FR 3588. EPA is proposing to
approve the April 13, 2021, updates to Rule .0957 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
cc. Rule .0961, Offset Lithographic Printing and Letterpress Printing
Rule .0961 outlines VOC-related provisions for offset lithographic
printing and letterpress printing in North Carolina. The April 13,
2021, revision does not include substantive changes to Rule .0961 but
makes minor administrative and wording changes, such as changing
paragraph (h) to specify that alternative methods used to determine the
VOC content must be consistent with 15A NCAC 02D .2602(h) and to
specify that alternative methods used to determine the control
efficiency by measuring volatile organic compounds at the control
device inlet and outlet must be consistent with 15A NCAC 02D .2602(h).
Changes to Rule .0961 also update the formatting of rule references.
The State of North Carolina originally adopted Rule .0961 in 2010.
Rule .0961 was adopted to replace, in part, Rule .0936, Graphic Arts,
which EPA removed from the SIP on May 9, 2013. See 78 FR 27065. EPA
most recently approved amendments to the state rule (Rule .0961) in
North Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is
proposing to approve the April 13, 2021, updates to Rule .0961 because,
as minor, non-substantive changes, they will not impact air quality and
thus they will not interfere with any applicable CAA requirements.
dd. Rule .0962, Industrial Cleaning Solvents
Rule .0962 outlines VOC-related provisions for industrial cleaning
solvents in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0962 but makes minor
administrative and wording changes, such as changing paragraph (c) to
delete repealed Rules .0921, .0934, and .0936 \8\ from the list of
rules that are exempt from paragraph (e) as it relates to cleaning
material used for cleaning operations, and changes to Rule .0962 also
update the formatting of rule references.
---------------------------------------------------------------------------
\8\ Rules .0921, .0934, and .0936 were removed from the North
Carolina SIP on May 9, 2013. See 78 FR 27065.
---------------------------------------------------------------------------
The State of North Carolina originally adopted Rule .0962 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to
approve the April 13, 2021, updates to Rule .0962 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
ee. Rule .0963, Fiberglass Boat Manufacturing Materials
Rule .0963 outlines VOC-related provisions for fiberglass boat
manufacturing materials in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0963 but makes minor
administrative and wording changes such clarifying in paragraph (k)
that SCAQMD Method 312-91 was developed by the South Coast Air Quality
Management District and describes where to find information on this
method, and changes to Rule .0963 that update the formatting of rule
references.
The State of North Carolina originally adopted Rule .0963 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0963 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
ff. Rule .0964, Miscellaneous Industrial Adhesives
Rule .0964 outlines VOC-related provisions for miscellaneous
industrial adhesives in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0964 but makes minor
administrative and wording changes such as, in paragraph (b), the
deletion of the exemption from control of VOC emissions for
miscellaneous industrial adhesives product categories covered by
repealed Rules .0921, .0934, and .0936,\9\ and changes to Rule .0964
that update the formatting of rule references.
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
The State of North Carolina originally adopted Rule .0964 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0964 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
gg. Rule .0965, Flexible Package Printing
Rule .0965 outlines VOC-related provisions for flexible package
printing operations in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0965 but includes minor
administrative and wording changes and updates the formatting of rule
references.
The State of North Carolina originally adopted Rule .0965 in 2010.
Rule .0965 was adopted to replace, in part, Rule .0936, Graphic Arts,
which EPA removed from the SIP on May 9, 2013, which is also when EPA
most recently approved amendments to the state rule (Rule .0965) in
North Carolina's SIP. See 78 FR 27065. EPA is proposing to approve the
April 13, 2021, updates to Rule .0965 because, as minor, non-
substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
hh. Rule .0966, Paper, Film and Foil Coatings
Rule .0966 outlines VOC-related provisions for paper, film, and
foil coating operations in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0966 but includes minor
administrative and wording changes and updates the formatting of rule
references.
The State of North Carolina originally adopted Rule .0966 in 2010.
Rule .0966 was adopted to replace, in part, Rule .0920, Paper Coatings,
which EPA removed from the SIP on May 9, 2013, which is also when EPA
most recently approved amendments to the state rule (Rule .0966) in
North Carolina's SIP. See 78 FR 27065. EPA is proposing to approve the
April 13, 2021, updates to Rule .0966 because, as minor, non-
substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
ii. Rule .0967, Miscellaneous Metal and Plastic Parts Coatings
Rule .0967 outlines VOC-related provisions for miscellaneous metal
and plastic parts coating operations in North Carolina. The April 13,
2021, revision
[[Page 38447]]
does not include substantive changes to Rule .0967 but makes minor
administrative and wording changes such as, in paragraph (c), the
deletion of the exemption from this rule for sources covered by
repealed Rules .0921 and .0936,\10\ and changes to Rule .0967 that
update the formatting of rule references.
---------------------------------------------------------------------------
\10\ Rules .0921 and .0936 were repealed from the North Carolina
SIP on May 9, 2013 (See 78 FR 27065).
---------------------------------------------------------------------------
The State of North Carolina originally adopted Rule .0967 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0967 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
jj. Rule .0968, Automobile and Light Duty Truck Assembly Coatings
Rule .0968 outlines VOC-related provisions for automobile and light
duty assembly coating operations in North Carolina. The April 13, 2021,
revision does not include substantive changes to Rule .0968 but updates
rule references and/or the formatting thereof. For example, paragraph
(a) updates the reference for Automobile Topcoat Protocol from EPA-450/
3-88-018 to EPA-453/R-08-002 or 40 CFR part 60, subpart MM. Also,
changes to paragraph (d) clarify that the VOC emission limit is in
grams of VOC per liter of coating excluding water and exempt compounds,
as applied.
The State of North Carolina originally adopted Rule .0968 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0968 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.
III. 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 North Carolina rules discussed in Section II. These
regulations were state effective on November 1, 2020. EPA has made, and
will continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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).
IV. Proposed Action
EPA is proposing to approve the April 13, 2021, SIP revision to
incorporate various changes to North Carolina's VOC air provisions into
the SIP. Specifically, EPA is proposing to approve 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 proposing to approve these changes for the reasons
discussed above.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 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 Clean Air Act.
Accordingly, 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:
<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); and
<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 Clean Air Act;
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,
Feb. 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.''
The NCDAQ did not evaluate environmental justice 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 environmental justice for people of color,
low-income populations, and Indigenous peoples.
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.
[[Page 38448]]
Authority: 42 U.S.C. 7401 et seq.
Dated: June 6, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-12581 Filed 6-12-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 13, 2023.
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.