Rule2023-16600
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
August 4, 2023
Effective
September 8, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing the approval of a State Implementation Plan (SIP) revision to the North Carolina SIP, submitted by the State of North Carolina through the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality (NCDAQ), via a letter dated April 13, 2021. This SIP revision updates several NCDEQ air regulations which apply to sources that emit volatile organic compounds (VOC).
Full Text
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<title>Federal Register, Volume 88 Issue 149 (Friday, August 4, 2023)</title>
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[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Pages 51713-51717]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16600]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0618; FRL-9242-02-R4]
Air Plan Approval; North Carolina; Volatile Organic Compound
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a State Implementation Plan (SIP) revision to the North
Carolina SIP, submitted by the State of North Carolina through the
North Carolina Department of Environmental Quality (NCDEQ), Division of
Air Quality (NCDAQ), via a letter dated April 13, 2021. This SIP
revision updates several NCDEQ air regulations which apply to sources
that emit volatile organic compounds (VOC).
DATES: This rule is effective September 8, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0618. All documents in the docket
are listed on the <a href="http://regulations.gov">regulations.gov</a> website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. Ms. Spann can be reached via
electronic mail at <a href="/cdn-cgi/l/email-protection#0b787b6a656525616a656e4b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="582b28393636763239363d183d2839763f372e">[email protected]</span></a> or via telephone at (404) 562-
9029.
SUPPLEMENTARY INFORMATION:
I. What action is EPA proposing to take?
EPA is finalizing the approval of changes to North Carolina's SIP
that were provided to EPA through NCDAQ via a letter dated April 13,
2021.\1\ Specifically, EPA is approving changes to 15A North Carolina
Administrative Code (NCAC) Subchapter 02D, Section .0900, Volatile
Organic Compounds (hereinafter referred to as Section .0900).\2\ The
April 13, 2021, revision to the North Carolina SIP transmits a few
substantive changes and a number of changes that do not alter the
meaning of the regulations, such as clarifying changes, updated cross-
references, and several ministerial language changes. In addition,
other changes include adding, deleting, and editing definitions and
adding SIP-strengthening language.
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\1\ EPA notes that the submittal was received through the State
Planning Electronic Collaboration System (SPeCS) on April 14, 2021.
For clarity, this notice will refer to the submittal by the date on
the cover letter, which is April 13, 2021.
\2\ EPA notes that the Agency received several submittals
revising the North Carolina SIP that were transmitted with the same
April 13, 2021, cover letter. EPA has considered and will be
considering action for these other SIP revisions in separate
rulemakings.
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North Carolina's Section .0900 rules regulate sources that emit
greater than or equal to 15 pounds of VOC per day, unless otherwise
specified in Section .0900. Most of the SIP changes to Section .0900
are ministerial and formatting changes, with clarifying changes
throughout. Specifically, EPA is approving changes to Rules .0901,
Definitions; .0902, Applicability; .0903, Recordkeeping: Reporting:
Monitoring; .0906, Circumvention; .0909, Compliance Schedules for
Sources in Ozone Nonattainment and Maintenance Areas; .0912, General
Provisions on Test Methods and Procedures; .0918, Can Coating; .0919,
Coil Coating; .0922, Metal Furniture Coatings; .0923, Surface Coating
of Large Appliance Parts; .0924, Magnet Wire Coating; .0925, Petroleum
Liquid Storage in Fixed Roof Tanks; .0928, Gasoline Service Stations
Stage 1; .0930, Solvent Metal Cleaning; .0931, Cutback Asphalt; .0933,
Petroleum Liquid Storage in External Floating Roof Tanks; .0935,
Factory Surface Coating of Flat Wood Paneling; .0937, Manufacture of
Pneumatic Rubber Tires; .0943, Synthetic Organic Chemical and Polymer
Manufacturing; .0944, Manufacture of Polyethylene: Polypropylene and
Polystyrene; .0945 Petroleum Dry Cleaning; .0947, Manufacture of
Synthesized Pharmaceutical Products; .0948, VOC Emissions from Transfer
Operations; .0949, Storage of Miscellaneous Volatile Organic Compounds;
.0951, RACT For Sources of Volatile Organic Compounds; .0955, Thread
Bonding Manufacturing; .0956, Glass Christmas Ornament Manufacturing;
.0957, Commercial Bakeries; .0961, Offset Lithographic Printing and
Letterpress Printing; .0962, Industrial Cleaning Solvents; .0963,
Fiberglass Boat Manufacturing Materials; .0964, Miscellaneous
Industrial Adhesives; .0965, Flexible Package Printing; .0966, Paper,
Film and Foil Coatings; .0967, Miscellaneous Metal and Plastic Parts
Coatings; and .0968, Automobile and Light Duty Truck Assembly
Coatings.\3\
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\3\ Hereinafter, the North Carolina Rules will be identified by
``Rule'' and the accompanying number, e.g., Rule .0901.
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Through a notice of proposed rulemaking (NPRM), published on June
13, 2023, EPA proposed to approve North Carolina's April 13, 2021,
submission. The proposed changes included various ministerial and minor
changes to language and other clarifying changes throughout North
Carolina's
[[Page 51714]]
rules in 02D Section .0900, Volatile Organic Compounds. The details of
North Carolina's submission, as well as EPA's rationale for approving
the changes, are described in more detail in the June 13, 2023, NPRM.
See 88 FR 38441. Comments on the June 13, 2023, NPRM were due on or
before July 13, 2023. No comments were received on the June 13, 2023,
NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, and as discussed in Section I of this preamble, EPA is
finalizing the incorporation by reference 15A NCAC Subchapter 02D Rules
.0901, Definitions; .0902, Applicability, with the exception of
paragraph .0902(d)(2) and the reference in paragraph .0902(c) to
paragraph .0902(d)(2); .0903, Recordkeeping: Reporting: Monitoring;
.0906, Circumvention; .0909, Compliance Schedules for Sources in Ozone
Nonattainment and Maintenance Areas; .0912, General Provisions on Test
Methods and Procedures; .0918, Can Coating; .0919, Coil Coating; .0922,
Metal Furniture Coatings; .0923, Surface Coating of Large Appliance
Parts; .0924, Magnet Wire Coating; .0925, Petroleum Liquid Storage in
Fixed Roof Tanks; .0928, Gasoline Service Stations Stage 1; .0930,
Solvent Metal Cleaning; .0931, Cutback Asphalt; .0933, Petroleum Liquid
Storage in External Floating Roof Tanks; .0935, Factory Surface Coating
of Flat Wood Paneling; .0937, Manufacture of Pneumatic Rubber Tires;
.0943, Synthetic Organic Chemical and Polymer Manufacturing; .0944,
Manufacture of Polyethylene: Polypropylene and Polystyrene; .0945,
Petroleum Dry Cleaning; .0947, Manufacture of Synthesized
Pharmaceutical Products; .0948, VOC Emissions from Transfer Operations;
.0949, Storage of Miscellaneous Volatile Organic Compounds; .0951, RACT
for Sources of Volatile Organic Compounds; .0955, Thread Bonding
Manufacturing; .0956, Glass Christmas Ornament Manufacturing; .0957,
Commercial Bakeries; .0961, Offset Lithographic Printing and
Letterpress Printing; .0962, Industrial Cleaning Solvents; .0963,
Fiberglass Boat Manufacturing Materials; .0964, Miscellaneous
Industrial Adhesives; .0965, Flexible Package Printing; .0966, Paper,
Film and Foil Coatings; .0967, Miscellaneous Metal and Plastic Parts
Coatings; and .0968, Automobile and Light Duty Truck Assembly Coatings.
These regulations were state effective on November 1, 2020. EPA has
made, and will continue to make, these materials generally available
through <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). Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing the approval of the April 13, 2021, SIP revision
to incorporate various changes to North Carolina's VOC air provisions
into the SIP. Specifically, EPA is approving various ministerial and
minor changes to language and other clarifying changes throughout North
Carolina's rules in 02D Section .0900, Volatile Organic Compounds. EPA
is approving these changes because they are consistent with the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
<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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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 CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
NCDAQ did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as
[[Page 51715]]
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving EJ for
people of color, low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 3, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770(c), amend table 1 by removing the entries for
``Section .0901,'' ``Section .0902,'' ``Section .0903,'' ``Section
.0906,'' ``Section .0909,'' ``Section .0912,'' ``Section .0918,''
``Section .0919,'' ``Section .0922,'' ``Section .0923,'' ``Section
.0924,'' ``Section .0925,'' ``Section .0928,'' ``Section .0930,''
``Section .0931,'' ``Section .0933,'' ``Section .0935,'' ``Section
.0937,'' ``Section .0943,'' ``Section .0944,'' ``Section .0945,''
``Section .0947,'' ``Section .0948,'' ``Section .0949,'' ``Section
.0951,'' ``Section .0955,'' ``Section .0956,'' ``Section .0957,''
``Section .0961,'' ``Section .0962,'' ``Section .0963,'' ``Section
.0964,'' ``Section .0965,'' ``Section .0966,'' ``Section .0967,'' and
``Section .0968;'' and adding in their place entries for ``Rule
.0901,'' ``Rule .0902,'' ``Rule .0903,'' ``Rule .0906,'' ``Rule
.0909,'' ``Rule .0912,'' ``Rule .0918,'' ``Rule .0919,'' ``Rule
.0922,'' ``Rule .0923,'' ``Rule .0924,'' ``Rule .0925,'' ``Rule
.0928,'' ``Rule .0930,'' ``Rule .0931,'' ``Rule .0933,'' ``Rule
.0935,'' ``Rule .0937,'' ``Rule .0943,'' ``Rule .0944,'' ``Rule
.0945,'' ``Rule .0947,'' ``Rule .0948,'' ``Rule .0949,'' ``Rule
.0951,'' ``Rule .0955,'' ``Rule .0956,'' ``Rule .0957,'' ``Rule
.0961,'' ``Rule .0962,'' ``Rule .0963,'' ``Rule .0964,'' ``Rule
.0965,'' ``Rule .0966,'' ``Rule .0967,'' and ``Rule .0968.''
The amendment reads as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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Section .0900 Volatile Organic Compounds
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Rule .0901................. Definitions.......... 11/1/2020 8/4/2023, [Insert
citation of
publication].
Rule .0902................. Applicability........ 11/1/2020 8/4/2023, [Insert Except for paragraph
citation of .0902(d)(2) and the
publication]. reference to
paragraph.0902(d)(2)
found in .0902(c).
Rule .0903................. Recordkeeping: 11/1/2020 8/4/2023, [Insert
Reporting: citation of
Monitoring. publication].
* * * * * * *
Rule .0906................. Circumvention........ 11/1/2020 8/4/2023, [Insert
citation of
publication].
* * * * * * *
Rule .0909................. Compliance Schedules 11/1/2020 8/4/2023, [Insert
for Sources in Ozone citation of
Nonattainment and publication].
Maintenance Areas.
Rule .0912................. General Provisions on 11/1/2020 8/4/2023, [Insert
Test Methods and citation of
Procedures. publication].
Rule .0918................. Can Coating.......... 11/1/2020 8/4/2023, [Insert
citation of
publication].
Rule .0919................. Coil Coating......... 11/1/2020 8/4/2023, [Insert
citation of
publication].
Rule .0922................. Metal Furniture 11/1/2020 8/4/2023, [Insert
Coatings. citation of
publication].
Rule .0923................. Surface Coating of 11/1/2020 8/4/2023, [Insert
Large Appliance citation of
Parts. publication].
Rule .0924................. Magnet Wire Coating.. 11/1/2020 8/4/2023, [Insert
citation of
publication].
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Rule .0925................. Petroleum Liquid 11/1/2020 8/4/2023, [Insert
Storage in Fixed citation of
Roof Tanks. publication].
* * * * * * *
Rule .0928................. Gasoline Service 11/1/2020 8/4/2023, [Insert
Stations Stage 1. citation of
publication].
Rule .0930................. Solvent Metal 11/1/2020 8/4/2023, [Insert
Cleaning. citation of
publication].
Rule .0931................. Cutback Asphalt...... 11/1/2020 8/4/2023, [Insert
citation of
publication].
* * * * * * *
Rule .0933................. Petroleum Liquid 11/1/2020 8/4/2023, [Insert
Storage in External citation of
Floating Roof Tanks. publication].
Rule .0935................. Factory Surface 11/1/2020 8/4/2023, [Insert
Coating of Flat Wood citation of
Paneling. publication].
Rule .0937................. Manufacture of 11/1/2020 8/4/2023, [Insert
Pneumatic Rubber citation of
Tires. publication].
Rule .0943................. Synthetic Organic 11/1/2020 8/4/2023, [Insert
Chemical and Polymer citation of
Manufacturing. publication].
Rule .0944................. Manufacture of 11/1/2020 8/4/2023, [Insert
Polyethylene: citation of
Polypropylene and publication].
Polystyrene.
Rule .0945................. Petroleum Dry 11/1/2020 8/4/2023, [Insert
Cleaning. citation of
publication].
Rule .0947................. Manufacture of 11/1/2020 8/4/2023, [Insert
Synthesized citation of
Pharmaceutical publication].
Products.
Rule .0948................. VOC Emissions from 11/1/2020 8/4/2023, [Insert
Transfer Operations. citation of
publication].
Rule .0949................. Storage of 11/1/2020 8/4/2023, [Insert
Miscellaneous citation of
Volatile Organic publication].
Compounds.
Rule .0951................. RACT for Sources of 11/1/2020 8/4/2023, [Insert
Volatile Organic citation of
Compounds. publication].
* * * * * * *
Rule .0955................. Thread Bonding 11/1/2020 8/4/2023, [Insert
Manufacturing. citation of
publication].
Rule .0956................. Glass Christmas 11/1/2020 8/4/2023, [Insert
Ornament citation of
Manufacturing. publication].
Rule .0957................. Commercial Bakeries.. 11/1/2020 8/4/2023, [Insert
citation of
publication].
* * * * * * *
Rule .0961................. Offset Lithographic 11/1/2020 8/4/2023, [Insert
Printing and citation of
Letterpress Printing. publication].
Rule .0962................. Industrial Cleaning 11/1/2020 8/4/2023, [Insert
Solvents. citation of
publication].
Rule .0963................. Fiberglass Boat 11/1/2020 8/4/2023, [Insert
Manufacturing citation of
Materials. publication].
Rule .0964................. Miscellaneous 11/1/2020 8/4/2023, [Insert
Industrial Adhesives. citation of
publication].
Rule .0965................. Flexible Package 11/1/2020 8/4/2023, [Insert
Printing. citation of
publication].
Rule .0966................. Paper, Film and Foil 11/1/2020 8/4/2023, [Insert
Coatings. citation of
publication].
Rule .0967................. Miscellaneous Metal 11/1/2020 8/4/2023, [Insert
and Plastic Parts citation of
Coatings. publication].
Rule .0968................. Automobile and Light 11/1/2020 8/4/2023, [Insert
Duty Truck Assembly citation of
Coatings. publication].
* * * * * * *
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[FR Doc. 2023-16600 Filed 8-3-23; 8:45 am]
BILLING CODE 6560-50-P
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