Approval and Promulgation of Air Quality Implementation Plans: North Carolina; Control Techniques Guidelines and Reasonably Available Control Technology, 15895-15913 [2013-05838]

Download as PDF Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules Food Combinations for Activities (Outside the Farm Definition) Conducted in a Facility Co-Located on a Farm’’ (the draft RA) that we made available for public comment in the Federal Register of January 16, 2013. We are reopening the comment period to update comments and to receive any new information. Submit either electronic or written comments by May 16, 2013. DATES: Submit electronic comments to https:// www.regulations.gov. Submit written comments to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jenny Scott, Center for Food Safety and Applied Nutrition (HFS–300), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240– 402–2166. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with PROPOSALS I. Background In the Federal Register of January 16, 2013 (78 FR 3824), we published a notification with a 30-day comment period announcing the availability of, and requesting comment on, a document entitled ‘‘Draft Qualitative Risk Assessment of Risk of Activity/ Food Combinations for Activities (Outside the Farm Definition) Conducted in a Facility Co-Located on a Farm.’’ The purpose of the draft RA is to provide a science-based risk analysis of those activity/food combinations that would be considered low risk. We conducted this draft RA to satisfy requirements of the FDA Food Safety Modernization Act (FSMA) to conduct a science-based risk analysis and to consider the results of that analysis in rulemaking that is required by FSMA. In the Federal Register of January 16, 2013 (78 FR 3646), we announced that we had used the results of the draft RA to propose to exempt certain food facilities (i.e., those that are small or very small businesses that are engaged only in specific types of onfarm manufacturing, processing, packing, or holding activities identified in the draft RA as low-risk activity/food combinations) from the proposed requirements of the Federal Food, Drug, and Cosmetic Act for hazard analysis and risk-based preventive controls (the proposed preventive controls rule). Interested persons were originally given until February 15, 2013, to comment on the draft RA. VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 II. Request for Comments Following publication of the notification announcing the availability of, and requesting comment on, the draft RA, we received three requests to allow interested persons additional time to comment. The requesters asserted that the time period of 30 days was insufficient to respond fully to FDA’s specific requests for comments and to allow potential respondents to thoroughly evaluate and address pertinent issues. Two requesters considered that the comment period for the draft RA should conform to the comment period of the proposed preventive controls rule. (One of these requesters further requested that the comment period conform to that of another proposed rule published in the Federal Register of January 16, 2013 (78 FR 3504; the proposed produce safety rule) and other major rulemakings that FDA would be conducting under FSMA but were not yet published.) For similar reasons, another requestor considered that the comment period should be extended by another 120 days, to June 14, 2013. We have considered the requests and are reopening the comment period for the draft RA until May 16, 2013, which conforms to the comment periods of the proposed preventive controls rule and the proposed produce safety rule. We believe that this extension allows adequate time for interested persons to submit comments without significantly delaying the associated rulemaking in the proposed preventive controls rule. III. How To Submit Comments Interested persons may submit either electronic comments regarding this document to https://www.regulations.gov or written comments to the Division of Dockets Management (see ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at https:// www.regulations.gov. Dated: March 7, 2013. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2013–05730 Filed 3–12–13; 8:45 am] BILLING CODE 4160–01–P PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 15895 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2009–0140; FRL–9789–6] Approval and Promulgation of Air Quality Implementation Plans: North Carolina; Control Techniques Guidelines and Reasonably Available Control Technology Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to approve several State Implementation Plan (SIP) revisions submitted to EPA by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NC DENR), to address the nitrogen oxides (NOx) reasonably available control technology (RACT) requirements for the North Carolina portion of the CharlotteGastonia-Rock Hill, North CarolinaSouth Carolina 1997 8-hour ozone nonattainment area (hereafter referred to as the ‘‘bi-state Charlotte Area’’). The bistate Charlotte Area for the 1997 8-hour ozone national ambient air quality standards (NAAQS) includes six full counties and one partial county in North Carolina; and one partial county in South Carolina. Additionally, EPA is proposing to approve in part, and conditionally approve in part, several SIP revisions to address the volatile organic compounds (VOC) RACT requirements which include related control technology guidelines (CTG) requirements. Together, these SIP revisions establish the RACT requirements for sources located in the North Carolina portion of the bi-state Charlotte Area. In a separate rulemaking, EPA has already taken action on RACT and CTG requirements for the South Carolina portion of the bistate Charlotte Area. EPA has evaluated the proposed revisions to North Carolina’s SIP, and has made the preliminary determination that they are consistent, with the exception of applicability for some CTG VOC sources, with statutory and regulatory requirements and EPA guidance. DATES: Comments must be received on or before April 12, 2013. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2009–0140 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: R4–RDS@epa.gov. SUMMARY: E:\FR\FM\13MRP1.SGM 13MRP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 15896 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 3. Fax: (404) 562–9019. 4. Mail: ‘‘EPA–R04–OAR–2009–0140’’ Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. Instructions: Direct your comments to Docket ID No. ‘‘EPA–R04–OAR–2009– 0140.’’ EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 listed in the index, some information is not publicly available, i.e., CBI 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 in www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management 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 to 4:30, excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Ms. Spann may be reached by phone at (404) 562–9029, or via electronic mail at spann.jane@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background A. Statutory Requirements B. Requirements for RACT Analysis for Major Sources C. Regulatory Schedule for Implementing CTG II. Analysis of the North Carolina’s Submittals A. Summary of North Carolina’s SIP Submittals B. RACT Analysis for Major Sources for NOX C. EPA’s Analyses of Individual Rule Amendments and Adoptions III. Affect of this Proposed Action IV. Proposed Action V. Statutory and Executive Order Reviews I. Background On April 30, 2004, EPA designated the bi-state Charlotte Area as a moderate nonattainment area with respect to the 1997 8-hour ozone NAAQS.1 See 69 FR 23858. The bi-state Charlotte Area 1 Portions of the bi-state Charlotte Area were previously designated as a moderate nonattainment area for the 1-hour ozone NAAQS. The Area was subsequently redesignated to attainment for the 1hour ozone NAAQS, and a maintenance plan was approved into the North Carolina SIP. The original Charlotte–Gastonia, North Carolina 1-hour moderate ozone nonattainment area consisted of Mecklenburg and Gaston counties in North Carolina. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 includes six full counties and one partial county in North Carolina; and one partial county in South Carolina. The North Carolina portion of the bistate Charlotte Area consists of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell County which includes Davidson and Coddle Creek Townships.2 The South Carolina portion of the bi-state Charlotte Area consists of the portion of York County, South Carolina that falls within the Rock Hill-Fort Mill Area Transportation Study Metropolitan Planning Organization Area. As a result of this designation, North Carolina and South Carolina were required to amend their SIPs for their respective portions of the bi-state Charlotte Area to satisfy the requirements of section 182 of the Clean Air Act (CAA or Act). Today’s action specifically addresses the North Carolina portion of the bi-state Charlotte Area. EPA approved the RACT requirements for the South Carolina portion of the bi-state Charlotte Area on November 28, 2011. See 76 FR 72844. A. Statutory Requirements Section 182(b)(2) of the CAA requires states to adopt RACT rules for all areas designated nonattainment for ozone and classified as moderate or above. The three parts of the section 182(b)(2) RACT requirements are: (1) RACT for sources covered by an existing CTG (i.e., a CTG issued prior to enactment of the 1990 amendments to the CAA); (2) RACT for sources covered by a postenactment CTG; and (3) all major sources not covered by a CTG (i.e., nonCTG sources). Pursuant to 40 CFR 51.165, a major source for a moderate ozone area is a source that emits 100 tons per year (tpy) or more of VOC or NOX. See Section I. B. below for further information regarding major sources. A CTG document is guidance issued by EPA which, as a result of CAA section 182(b)(2), triggers a responsibility for states to submit, as part of their SIPs, RACT rules for stationary sources of VOC that are covered by the CTG. EPA defines RACT as ‘‘the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.’’ See 44 FR 53761, 53762 (September 17, 1979). Each CTG category includes a ‘‘presumptive norm’’ or ‘‘presumptive 2 Effective July 20, 2012, EPA designated one full county and six partial counties in the bi-state Charlotte area as a marginal nonattainment area for the 2008 8-hour ozone NAAQS. Today’s proposed actions regarding RACT are not related to requirements for the 2008 8-hour ozone NAAQS. E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules RACT’’ that EPA believes satisfies the definition of RACT. If a state submits a RACT rule that is consistent with presumptive RACT, the state does not need to submit additional support to demonstrate that the rule meets the CAA’s RACT requirement. However, if the state decides to submit an alternative emission limit or level of control for a source or source category for which there is a presumptive RACT, the state must submit independent documentation as to why the rule meets the statutory RACT requirement. As mentioned above section 182(b)(2) of the CAA addresses moderate and above areas for the 1-hour ozone NAAQS. Further clarification of the RACT requirements for areas classified as moderate or above for the 1997 8hour ozone NAAQS is provided in EPA’s regulations.3 See 40 CFR 51.912. The CTG established by EPA are guidance to the states and only provide recommendations. A state can develop its own strategy for what constitutes RACT for the various CTG categories, and EPA will review that strategy in the context of the SIP process and determine whether it meets the RACT requirements of the CAA and its implementing regulations. If no major sources of VOC or NOX emissions (each pollutant should be considered separately) in a particular source category exist in an applicable nonattainment area, a state may submit a negative declaration for that category. In addition, section 183(e) of the CAA directs EPA to: (1) List for regulation those categories of products that account for at least 80 percent of the VOC emissions, on a reactivity-adjusted basis, from consumer and commercial products in ozone nonattainment areas; and (2) divide the list of categories to be regulated into four groups. EPA published the initial list, following the 1990 CAA Amendments, in the Federal Register on March 23, 1995 (60 FR 15264), and has revised the list several times. See 71 FR 28320 (May 16, 2006), 70 FR 69759 (November 17, 2005), 64 FR 13422 (March 18, 1999), 63 FR 48792 (September 11, 1998). As authorized by CAA section 183(e)(3)(C), EPA chose to issue CTG in lieu of regulations for each listed product category. See 73 FR 58481 (October 7, 2008) (Group IV CTG); 72 FR 57215 (October 9, 2007) (Group III CTG); and 71 FR 58745 (October 5, 2006) (Group II CTG). 15897 B. Requirements for RACT Analysis for Major Sources Section 172(c)(1) of the CAA requires SIPs to provide for the implementation of all RACM as expeditiously as practicable. A subset of RACM is RACT, which relates specifically to stationary point sources. Section 182(b)(2) of the CAA requires RACT rules be adopted for all point sources of VOC and NOX with potential to emit at least 100 tpy or greater.4 5 C. Regulatory Schedule for Implementing CTG CTG categories that were established in 1978 ultimately were required to be adopted by the states by 1990 (see schedule below for details). CAA section 182(b)(2) provides that a CTG issued after 1990 must specify the date by which a state must submit a SIP revision in response to the CTG. States were required to have the pre-1990 CAA CTG categories and post-1990 CAA CTG categories for applicable areas addressed in their SIPs according to the following schedule: Group Federal Register published SIP Due I .......... Pre-1990 CAA Amendment CTG ..................................................... As of January 1978 the first 15 CTG categories were established. Ten additional CTG categories were issued in 1978 (1 of those (vegetable oil) was rescinded). Pre-CAA Amendment CTG. The first 25 CTG categories were due to be adopted by the states by 1980. EPA initially approved most of these rules into the state SIPs. Subsequently, EPA reviewed these state rules to see if they were technically adequate and if they met national standards for national consistency. Based on this review, EPA issued the RACT fix-ups in 1987 (See general preamble (57 FR 13498, April 16, 1992)). In 1988, EPA published a technical document to address technical inadequacies found in these state adopted rules and to address minimum standards of national consistency. States were required to adopt revised rules by 1990. Congress established CTG statutory requirements in the 1990 CAA Amendments. Outstanding CTG requirements were due in 1992 (CAA Section 182(b)(2)(C)). September 15, 2006 (40 CFR 51.912, RACT SIPs due for the 1997 8-hour ozone NAAQS). emcdonald on DSK67QTVN1PROD with PROPOSALS II ......... III ........ IV ........ Post 1990–CAA Amendment CTG The group of CTG established in 60 FR 15264, March 23, 1995, were broken into subsets called ‘‘Group I, II, III and IV’’ (some of these CTG are updates of previously established CTG)). 71 FR 58745, October 5, 2006 ........................................................ 72 FR 57215, October 9, 2007 ........................................................ 73 FR 58481, October 7, 2008 ........................................................ 3 On July 18, 1997, EPA promulgated a revised 8hour ozone NAAQS of 0.08 parts per million—also referred to as the 1997 8-hour ozone NAAQS. On April 30, 2004, EPA designated areas as unclassifiable/attainment, nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. In addition, on April 30, 2004, as part of the framework to implement the 1997 8-hour ozone NAAQS, EPA promulgated an implementation rule in two phases (Phase I and II). The Phase I Rule (effective on June 15, 2004), provided the implementation requirements for designated areas under subpart 1 and subpart 2 of the CAA. See 69 FR 23951. EPA’s Phase II Rule, finalized on VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 October 5, 2007. October 9, 2008. October 7, 2009. November 29, 2005, addressed control and planning requirements as they applied to areas designated nonattainment for the 1997 8-hour ozone NAAQS such as RACT, reasonably available control measures (RACM), reasonable further progress, modeling and attainment demonstrations, new source review, and the impact to reformulated gas for the 1997 8-hour ozone NAAQS transition. See 70 FR 71612. 4 The potential to emit threshold is based on an area’s nonattainment designation classification. Section 182 of the CAA and 40 CFR 51.912(b) define ‘‘major source’’ for ozone nonattainment areas to include sources which emit or which have PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 the potential to emit 100 tpy or more of VOC or NOX (ozone precursors) in areas classified as ‘‘marginal’’ or ‘‘moderate,’’ 50 tpy or more of these ozone precursors in areas classified as ‘‘serious,’’ 25 tpy or more of these ozone precursors in areas classified as ‘‘severe,’’ and 10 tpy or more of these ozone precursors in areas classified as ‘‘extreme.’’ The bi-state Charlotte Area is a moderate nonattainment area. 5 Section 182(b)(2) also requires that all CTG source category sources, including those with less than 100 tpy emissions meet RACT. CTG sources are addressed later in this document. E:\FR\FM\13MRP1.SGM 13MRP1 15898 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules II. Analysis of the North Carolina’s Submittals A. Summary of North Carolina’s SIP Submittals NC DENR submitted final SIP revisions on October 14, 2004, April 6, 2007, June 15, 2007, January 31, 2008, November 19, 2008, September 18, 2009, February 3, 2010, April 6, 2010, and November 9, 2010, to EPA for review and approval into the North Carolina SIP. North Carolina’s SIP revisions include changes made by North Carolina to its Air Quality Rules, found at Chapter15A NCAC 02D, and include changes to NC DENR’s NOX and VOC rules, including its NOX and VOC RACT requirements. A brief description of each North Carolina SIP revision submitted to meet NOX and VOC RACT requirements is provided in Section II. A. of this rulemaking. Section II. B. of this rulemaking provides EPA’s analysis of how major sources for NOX in the Area meet RACT requirements. Section II. C. of this rulemaking provides EPA’s analysis for the individual rules being changed by North Carolina to meet NOX and VOC RACT requirements. Today, EPA is proposing to approve the portions of five of the aforementioned SIP revisions as they relate to RACT requirements for the North Carolina portion of the bi-state Charlotte Area (hereafter referred to as ‘‘the Area’’).6 In addition to the SIP revisions, or portions of SIP revisions for which EPA is proposing approval, NC DENR submitted a letter on August 30, 2012, requesting that EPA conditionally approve portions of previously-submitted SIP revisions as they relate to VOC RACT and CTG requirements.7 8 Specifically, NC DENR committed to include appropriate applicability thresholds for VOC RACT for all sources addressed by CTG in the Area. A copy of NC DENR’s letter is provided in the docket for today’s rulemaking. Consequently, EPA is proposing to conditionally approve portions of five of the aforementioned SIP revisions as they relate to VOC RACT and CTG requirements for the Area. Comprehensively, these SIP revisions address NOX RACT, VOC RACT and CTG requirements for the Area.9 a. October 14, 2004, SIP Submittal emcdonald on DSK67QTVN1PROD with PROPOSALS 6 SIP revisions submitted on April 6, 2007, June 15, 2007, January 31, 2008, November 19, 2008, February 3, 2010, and April 6, 2010, 7 SIP revisions submitted on October 14, 2004, April 6, 2007, January 31, 2008, September 18, 2009, and November 9, 2010. 8 Additional information regarding the conditional approval is found in Section III of this action. 9 South Carolina met the RACT requirements for the South Carolina portion of the bi-state Charlotte Area. VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 On October 14, 2004, North Carolina submitted a SIP revision amending several rules. The VOC applicability Rule 15A NCAC 2D .0902, was amended to: (1) Specify what sources Rule .0902 does not apply to; (2) change the rule to address attainment for the 1-hour ozone NAAQS and nonattainment for the 8hour ozone NAAQS; and (3) exclude emissions from startup or shutdown operations. Today, EPA is proposing to conditionally approve all changes to Rule 15A NCAC 2D .0902, with the exception of North Carolina’s amendment to exclude emissions from startup or shutdown operations (15A NCAC 2D .0902 (b)(3)).10 Additionally, in the October 14, 2004, SIP revision, the rule which applies to petroleum liquid storage in external floating roof tanks, Rule 15A NCAC 2D .0933, was amended to clarify the seal requirements for external floating roof tanks. Today, EPA is proposing to approve all changes to Rule 15A NCAC 2D .0933 as provided in North Carolina’s October 14, 2004, SIP revision. The October 14, 2004, SIP revision, also amends NOX Rules 15A NCAC 2D .1404, 1409, .1416 through .1419 and .1422. Rule .1404, .1409, 1418 and .1422 were amended to clarify monitoring requirements, stationary internal combustion engine requirements, offsets for new electric generating units, large boilers and large internal combustion engines, and clarifying the use of compliance supplement pool credits, respectively. NC DENR requested approval of revisions to Rules .1416, .1417, and .1419 regarding emission allocations for utility companies and large combustion sources, and regarding nitrogen oxide budget trading program but subsequently repealed these rules and submitted them for approval on November 19, 2008. The November 19, 2008, request for approval of the repeals replaces the October 14, 2004, request for rule revision approval. Today, EPA is proposing to approve all changes to 10 In this action, EPA is not proposing to approve or disapprove any existing state provisions with regard to excess emissions during start up, shut down and malfunction (SSM) of operations at a facility. EPA believes that a number of states have SSM provisions which are contrary to the CAA and existing EPA guidance, ‘‘State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown’’ (September 20, 1999), and the Agency plans to address such state regulations in the future. In the meantime, EPA encourages any state having deficient SSM provisions to take steps to correct them as soon as possible. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 Rules .1404, .1409, .1418 and .1422 provided in North Carolina’s October 14, 2004, SIP revision. The changes to Rules .1416, .1417 and .1419 are replaced by the November 19, 2008, submittal. EPA is not taking action on any of the remaining rule changes in the October 14, 2004, SIP revision.11 These remaining rule changes will be addressed in a separate action. b. Summary of the April 6, 2007, SIP Submittal On April 6, 2007, North Carolina submitted a SIP revision to address RACT and meet the EPA requirements for a full SIP revision for the bi-state Charlotte Area ozone nonattainment area to address the 1997 8-hour ozone NAAQS. Specifically, the VOC applicability rule, 15A NCAC 02D .0902, and NOX applicability rule 15A NCAC 02D .1402, were amended to require facilities with the potential to emit 100 tpy or more of VOC or NOX to comply with RACT requirements for VOC or NOX in the bi-state Charlotte nonattainment area for the 1997 8-hour ozone NAAQS. The VOC Compliance Schedule Rule 15A NCAC 02D .0909, and the NOX Compliance Schedule Rule 15A NCAC 02D .1403, added compliance schedules for the facilities to comply with RACT requirements. Today, EPA is proposing to approve all changes to rules 15A NCAC 02D .1402, and .1403, and is proposing to conditionally approve all changes to rules 15A NCAC 02D .0902 and .0909, that were included as part of the April 6, 2007, SIP revision. c. Summary of the June 15, 2007, SIP Submittals The June 15, 2007, SIP revisions consisted of the attainment demonstration, reasonable further progress (RFP) and the RACT submissions related to the 1997 8-hour ozone NAAQS for the Area. On December 19, 2008, North Carolina withdrew its attainment demonstration that the NC DENR submitted on June 15, 2007. However, North Carolina did not withdraw its submissions for RFP or RACT. See 74 FR 21550 (May 9, 2009). In a previous action, EPA approved North Carolina’s RFP SIP revision. See 77 FR 62159 (October 12, 2012). As a result, today’s action only addresses 11 The remaining rule changes that EPA is not acting on in this action include 15A NCAC 2D .0101, .0521, 15A NCAC 2Q .0806, .0809, 15A NCAC 2D .1901 through .1904 and .1906. These rules address Air Pollution Control Definitions, Emission Control Standards, Permitting Requirements and Open Burning and are not required to meet RACT for the 1997 8-hour ozone standard. E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules North Carolina’s RACT SIP for its portion of the bi-state Charlotte Area. EPA has made the preliminary determination that North Carolina’s June 15, 2007, SIP revision, in combination with others addressed in this rulemaking and previous rulemakings,12 meets RACT requirements, and thus EPA is proposing to approve North Carolina’s June 15, 2007, RACT SIP revision. emcdonald on DSK67QTVN1PROD with PROPOSALS d. Summary of the January 31, 2008, SIP Submittal 13 On January 31, 2008, North Carolina submitted a SIP revision to address certain RACT requirements, and meet the EPA requirements for a full SIP revision for the bi-state Charlotte Area ozone nonattainment area to address the 1997 8-hour ozone NAAQS. Specifically, the VOC Applicability Rule 15A NCAC 02D .0902 was amended to cover facilities with the potential to emit between 50 and 100 tons of VOC per year in Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson and Coddle Creek Townships in Iredell County. Additionally, North Carolina’s NOX Applicability Rule 15A NCAC 02D .1402, was amended to describe the actions to be taken at facilities with the potential to emit between 50 and 100 tons of NOX per year. At the time that the rules in North Carolina’s January 31, 2008, SIP revision were changed and submitted to EPA, the bi-state Charlotte Area had not yet attained the 1997 8-hour ozone NAAQS, and there was a possibility that EPA would have to reclassify the bi-state Charlotte Area to a serious nonattainment area. North Carolina revised these rules as a contingency for the bi-state Charlotte Area should this area be reclassified from a ‘‘moderate’’ nonattainment area to a ‘‘serious’’ nonattainment for the 1997 8-hour ozone NAAQS.14 The bi-state Charlotte Area subsequently attained the 12 While North Carolina’s June 15, 2007, submission references VOC rules 15A NCAC 2D .0901 through .0960, and NOX rules 15A NCAC 2D .1402 through .1412, and 15A NCAC 2D .1415 through .1422, the SIP revision did not provide amendments to these rules for EPA approval. However, in its June 15, 2007, SIP revision North Carolina is using these previously approved rules as demonstration that they meet RACT requirements. 13 The January 31, 2008, SIP revision also amended Rule 15A NCAC 02Q .0207, ‘‘Annual Emissions Reporting.’’ In an action taken on April 24, 2012, (77 FR 24382), EPA approved these revisions to Rule 15A NCAC 02Q .0207. 14 As provided for in the CAA, on May 31, 2011, North Carolina was granted a 1 year extension of the attainment date (See 76 FR 31245), attained the standard prior to the extended attainment date, was not reclassified to serious and continued to be a moderate area. VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 standard, and is currently a moderate nonattainment area. The VOC Compliance Schedule Rule 15A NCAC 02D .0909, and NOX Compliance Schedule Rule 15A NCAC 02D. 1403 added compliance schedules for the facilities to comply with RACT requirements should the bi-state Charlotte Area fail to attain and as a result was reclassified as serious area. EPA is now proposing to conditionally approve changes to VOC Applicability Rule 15A NCAC 02D .0902, and VOC Compliance Schedule Rule 15A NCAC 02D .0909. Additionally EPA is proposing to approve the remaining changes included in North Carolina’s January 31, 2008, SIP revision regarding NOX Applicability Rule 15A NCAC 02D .1402, and NOX Compliance Schedule Rule 15A NCAC 02D .1403. e. Summary of the November 19, 2008, SIP Submittal On November 19, 2008, North Carolina submitted a SIP revision to address adoption of a new rule section (Section 15A NCAC 02D .2600) that consolidated North Carolina’s protocols with federal air source testing methods from many rules located throughout North Carolina air rules. Rule amendments to or repeals of Rules 15A NCAC 02D .0901, .0912 through .0916, .0932, .0939 through .0943, .0945 were also made to cross-reference or be replaced by the new rule section 15A NCAC 02D .2600. North Carolina’s November 19, 2008, SIP revision also amends Rule 15A NCAC 02D .1402 to remove reference to repealed NOX SIP Call Rules and Rules 15A NCAC 02D .1407 through .1412, and .1415 through .1422.15 EPA is proposing to approve changes to Rules 15A NCAC 02D .0901, .0912, .0932, .0943, .0945, .1402, and .1415. EPA is proposing to approve the repeal of Rules 15A NCAC 02D .0913 through .0916, .0939 through .0942, and .1416 through .1422 as these provisions are no longer necessary for North Carolina’s SIP. EPA is not taking action on any of the remaining rule changes in the November 19, 2008, SIP revision.16 15 These rules are repealed because CAIR replaced the NOX Budget Trading Program for North Carolina. 16 The remaining rule changes that EPA is not acting on in this action include 15A NCAC 02D .0501, .0529, .0535, .0536, .0542, .0606, .0608, NCAC 2D .2609, .2610, .2611, .2616, .2617, .2618, .2619, .2620, NCAC 02D .1110, .1203 through .1206, .1208, .1210, and 15A NCAC 02Q .0508, .0523, .0711, and .0902. These rules address Emission Control Standards, Monitoring and Recordkeeping, Source Testing unrelated to Ozone, Toxics, Incinerators, and Permitting, and are not required to meet RACT for the 1997 8-hour ozone standard. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 15899 f. Summary of the September 18, 2009, SIP Submittal 17 On September 18, 2009, North Carolina submitted a SIP revision to address certain RACT requirements. First, the VOC definitions Rule 15A NCAC 02D .0901 was amended to include the definition of Stage I vapor control. Second, the VOC Applicability Rule, 15A NCAC 02D .0902, was amended to remove a subparagraph that refers to Rule 15A NCAC 02D .0953, ‘‘Vapor Return Piping for Stage II Vapor Recovery,’’ as this provision was repealed by the State. Third, the VOC Compliance Schedule Rule, 15A NCAC 02D .0909, was amended to remove reference to Stage II vapor recovery at Rules 15A NCAC 02D .0953, ‘‘Vapor Return Piping for Stage II Vapor Recovery,’’ and 15A NCAC 02D .0954, ‘‘Stage II Vapor Recovery,’’ as these provisions were repealed by the State.18 Fourth, the ‘‘Petition for Alternative Controls for RACT,’’ Rule 15A NCAC 02D .0952, was amended to remove reference to Stage II vapor recovery at Rules 15A NCAC 02D .0953 and .0954 as these provisions were repealed by the State. EPA is proposing to conditionally approve the changes in the September 18, 2009, SIP revision related to Rules 15A NCAC 02D .0902 and .0909. Additionally, EPA is proposing to approve the changes to Rules 15A NCAC 02D .0901 and .0952, as provided in North Carolina’s September 18, 2009, SIP revision. EPA is not taking action on any of the remaining rule changes in the September 18, 2009, SIP revision.19 These remaining rule changes will be addressed in a separate action. g. Summary of the February 3, 2010, SIP Submittal On February 3, 2010, North Carolina submitted a SIP revision to address a number of different rule amendments (While Rules NCAC 2D 1104 and NCAC 2Q .0903 were listed in the submittal, North Carolina requested they not be approved into the SIP). 17 In a letter dated November 30, 2012, North Carolina withdrew its request for EPA to approve Rule 15A NCAC 02D .0952, Petitions for Alternative Controls for RACT into the SIP. 18 North Carolina also included a repeal of Rule 15A NCAC 02D .0953, ‘‘Vapor Return Piping for Stage II Vapor Recovery,’’ and Rule .0954, ‘‘Stage II Vapor Recovery’’ in its November 18, 2010, SIP revision. These rules are not required for RACT. EPA will address North Carolina’s November 18, 2010, SIP revision as it pertains to the repeal of these rules in a separate action. 19 The remaining rule changes that EPA is not acting on in this action include 15A NCAC 2D, .0521, .0614, NCAC 2Q .0102, .0304, and .0902. These rules address Air Pollution Control, Emission Control Standards, Monitoring and Recordkeeping and Air Quality Permit Procedures and are not required to meet RACT for the 1997 8-hour ozone standard. E:\FR\FM\13MRP1.SGM 13MRP1 15900 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules including a change to the NOx applicability Rule 15A NCAC 02D .1402. Rule .1402 was amended to: (1) Add language to clarify which parts of Rule Section .1400 apply to sources covered under Clean Air Interstate Rules (CAIR), which replaced the NOx Budget Trading Program for North Carolina; (2) clarify RACT requirements in nonattainment areas; and (3) correct cross-reference errors. EPA is proposing to approve North Carolina’s changes to Rule .1402, as provided in the February 3, 2010, SIP revision. This is the only rule amendment in North Carolina’s February 3, 2010, SIP revision being addressed in today’s action. The remaining rule changes will be addressed in a separate action.20 emcdonald on DSK67QTVN1PROD with PROPOSALS h. Summary of the April 6, 2010, SIP Submittal On April 6, 2010, North Carolina submitted a SIP revision to address RACT, specifically to make a negative declaration for the following four CTG categories: (1) Control of Volatile Organic Compound Leaks from Petroleum refinery Equipment (EPA– 450/2–78–036, 1978/06); (2) Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit turnarounds (EPA–450/2–77–026, 1977/10); (3) Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants (EPA–450/3–83–007, 1983/12); and (4) Control Techniques Guidelines, for Shipbuilding and Ship Repair Operations (Surface Coating) (61 FR– 44050 8/27/96, 1996/08). As part of its analysis to support the negative declarations for aforementioned CTG source categories, NC DENR reviewed its permits files and emissions inventory information. After this review, NC DENR determined that there are no stationary sources or emitting facilities located in its portion of the bi-state Charlotte Area that are subject to aforementioned CTG source categories. EPA is now proposing to approve the negative declarations as provided in North Carolina’s April 6, 2010, SIP revision. i. Summary of the November 9, 2010, SIP Submittal 21 On November 9, 2010, North Carolina submitted a SIP revision amending, 20 The remaining rule changes that EPA is not acting on in this action include 15A NCAC 02D, .0405, .0408 .0409, and .0410. These rules address Ambient Air Quality Standards and are not required to meet RACT for the 1997 8-hour ozone standard. 21 In a letter dated November 30, 2012, North Carolina withdrew its request for EPA to approve Rule 15A NCAC 02D .0952, ‘‘Petitions for Alternative Controls for RACT’’ into the SIP. VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 adopting, and repealing various RACT rules. First, Rule 15A NCAC 02D .0902, VOC Applicability was amended to extend the work practice standards in Rule 15A NCAC 02D .0958 to all sources of VOC in the State, and to clarify that all areas that become subject to the VOC RACT rules shall continue to comply with those rules after the Area is redesignated to attainment. Second, Rule 15A NCAC 02Q .0306, ‘‘Permits Requiring Public Participation;’’ Rule 15A NCAC 02D .0909, ‘‘Compliance Schedules for Sources in Nonattainment Areas;’’ Rule 15A NCAC 02D .0951, ‘‘Metal Furniture Coatings Rule;’’ and 15A NCAC 02D .0952 ‘‘Petition for Alternative controls for RACT’’ were amended to change cross-references. Third, Rule 15A NCAC 02D .0922, ‘‘Metal Furniture Coatings’’ was amended to control VOC emissions from metal furniture coatings by establishing three alternatives. Fourth, Rule 15A NCAC 02D .0923, ‘‘Surface Coating of Large Appliance Parts’’ was amended to control VOC emissions from large appliance coatings by establishing three alternatives. Fifth, Rule 15A NCAC 02D .0935, ‘‘Factory Surface Coating of Flat Wood Paneling’’ was amended to establish new emission limits for inks, coatings and adhesives used by the flat wood paneling coating facilities. Sixth, Rule 15A NCAC 02D .0961, ‘‘Offset Lithographic Printing and Letterpress Printing’’ was adopted to control VOC emissions from heatset inks, fountain solution and cleaning materials used in offset lithographic printing operations, as well as VOC emissions from heatset inks used in letterpress printing operations at the level sufficient for RACT requirements. Seventh, Rule 15A NCAC 02D .0962, ‘‘Industrial Cleaning Solvents’’ was adopted to define measures for controlling emissions of VOC from the use, storage, and disposal of industrial cleaning solvents. Eighth, Rule 15A NCAC 02D .0963, ‘‘Fiberglass Boat Manufacturing’’ was adopted to control VOC emissions from open molding resin and gel coat operations (pigmented gel coat, clear gel coat, production resin, tooling gel coat, and tooling resin); resin and gel coat mixing operations; and resin and gel coat application equipment cleaning operations at the level sufficient for RACT requirements. Ninth, Rule 15A NCAC 02D .0964, ‘‘Miscellaneous Industrial Adhesives’’ was adopted to control VOC emissions from miscellaneous industrial adhesives; it establishes VOC emission limits based on application processes (general adhesive application processes, specialty adhesive application processes PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 and adhesive primer application processes.) Tenth, Rule 15A NCAC 02D .0965, ‘‘Flexible Package Printing’’ was adopted to provide equivalent VOC content limits, which can be met by use of low VOC content materials or combinations of materials and controls. Eleventh, Rule 15A NCAC 02D .0966, ‘‘Paper, Film and Foil Coatings’’ was adopted to establish an overall VOC control efficiency of 90 percent for each coating line along with emission limits that are equivalent to 90 percent overall control. Twelfth, Rule 15A NCAC 02D .0967, ‘‘Miscellaneous Metal and Plastic Parts Coatings’’ was adopted to control VOC emissions from miscellaneous metal and plastic part surface coatings. Finally, Rule 15A NCAC 02D .0968, ‘‘Automobile and Light-Duty Truck Assembly Coatings’’ was adopted to establish VOC emission limits based on application processes (general adhesive application processes, specialty adhesive application processes, and adhesive primer application processes). Additionally, in the November 9, 2010, SIP revision, North Carolina repealed Rules 15A NCAC 02D .0917, ‘‘Automobile and Light-duty Truck Manufacturing;’’ 15A NCAC 02D .0920 ‘‘Paper Coating;’’ 15A NCAC 02D .0921, ‘‘Fabric and Vinyl Coating;’’ 15A NCAC 02D .0934, ‘‘Coating of Miscellaneous Metal Parts and Products;’’ and 15A NCAC 02D .0936, ‘‘Graphic Art’’ because North Carolina adopted new rules to address all of these categories. EPA is proposing to conditionally approve the changes to Rules 15A NCAC 02D .0902, .0909, .0951, .0961 and .0962. Also, EPA is proposing to approve the changes to Rules 15A NCAC 02D .0922, .0923, .0935, .0952, .0963 through .0968, and 15A NCAC 02Q .0306. Further EPA is proposing to approve the repeal of Rules 15A NCAC 02D .0917, ‘‘Automobile and Light-duty Truck Manufacturing;’’ 15A NCAC 02D .0920, ‘‘Paper Coating;’’ 15A NCAC 02D .0921, ‘‘Fabric and Vinyl Coating;’’ 15A NCAC 02D .0934, ‘‘Coating of Miscellaneous Metal Parts and Products;’’ and 15A NCAC 02D .0936, ‘‘Graphic Art.’’ The remaining rule changes in the November 9, 2010, SIP revision will be addressed in a separate action.22 B. RACT Analysis for Major Sources for NOx In the mid 1990s, North Carolina’s Division of Air Quality completed a 22 The remaining rule changes that EPA is not acting on in this action include NCAC 2Q, .0306. This rule addresses permit requirements and is not required to meet RACT for the 1997 8-hour ozone standard. E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 15901 emcdonald on DSK67QTVN1PROD with PROPOSALS technical analysis and determined that the entire state is NOx limited 23 and that the control program for reducing ozone should therefore be focused on NOx emission reductions. Consistent with this finding, North Carolina pursued a number of regulatory efforts to reduce NOx statewide, several of which were directed at Electricity Generating Unit (EGU) emissions. Specifically, NC DENR adopted measures to comply with the NOx SIP Call rule and the General Assembly passed the Clean Smokestacks Act (CSA). In addition NC DENR adopted rules to implement CAIR. These programs, which are described further below, substantially lowered NOx emissions in the bi-state Charlotte Area. In October 1998, EPA made a finding of significant contribution of NOx emissions from certain states and published a rule that set ozone season NOx budgets for the purpose of reducing regional transport of ozone (63 FR 57356). This rule, referred to as the NOx SIP Call rule, called for, among other things, ozone season controls to be put on utility and industrial boilers, as well as internal combustion engines in 22 states in the Eastern United States. As noted above, in October 2000, the North Carolina Environmental Management Commission adopted similar rules requiring these reductions. When the North Carolina’s NOx SIP Call rule 24 was adopted NC DENR concluded that the NOx SIP Call would reduce summertime NOx emissions from power plants and other industries by 68 percent by 2006. As part of the rulemaking and consistent with EPA guidance, the North Carolina Environmental Management Commission established a NOx trading program, allowing sources to buy credits to meet their NOx budget as opposed to actually installing controls. The emission budgets were to be met by the beginning of 2004. As mentioned above, in June 2002, the North Carolina General Assembly enacted the CSA.25 CSA reduces NOx emissions beyond the requirements of the NOx SIP Call rule and required coalfired power plants to reduce annual NOx emissions by 78 percent by 2009. In response to the EPA’s CAIR, the NC DENR developed a state version of CAIR. Under EPA’s rule, North Carolina is distributed a statewide budget for NOX. These NOX allowances, in turn, have been allocated to the affected facilities in North Carolina by the NC DENR. For the most part, the rules incorporate EPA’s model rule. NC DENR adopted North Carolina’s CAIR on March 9, 2006, and the rule became effective July 1, 2006. On November 29, 2005 (70 FR 71612), EPA published an ozone implementation rule to address nonattainment SIP requirements for the 1997 8-hour ozone NAAQS (the ‘‘Phase 2 Ozone Implementation Rule’’). The Phase 2 Ozone Implementation Rule addressed various statutory requirements, including the requirement for RACT level controls for sources located within nonattainment areas generally, and controls for NOX emissions from EGUs in particular. Through the Phase 2 Ozone Implementation Rule, EPA also provided its determination that the regional NOX emissions reductions that result from either the NOX SIP Call or CAIR would meet the NOX RACT requirement for EGUs located in states included within the respective NOX SIP Call or the CAIR geographic regions. Thus, EPA concluded that: ‘‘[t]he State need not perform a NOX RACT analysis for sources subject to the State’s emission cap-and-trade program where the cap-and-trade program has been adopted by the State and approved by EPA as meeting the NOX SIP Call requirements or, in States achieving the CAIR reductions solely from electric generating units (EGUs), the CAIR NOX requirements.’’26 Based on the then existing EPA guidance, NC DENR concluded that the NOX SIP Call rule, the CSA, and CAIR, in aggregate, sufficiently addressed the implementation of RACT for point sources. In November 2008, several parties challenged EPA’s Phase 2 Ozone Implementation Rule. In particular, they challenged EPA’s determination that compliance with the NOX SIP Call and/ or CAIR could satisfy NOX RACT requirements for EGUs in nonattainment areas and EPA’s determination that compliance with CAIR could satisfy NOX RACT for EGUs in ozone nonattainment areas. As a result of this litigation, the court decided that the provisions in the Phase 2 Ozone Implementation Rule providing that a state need not perform (or submit) a NOX RACT analysis for EGU sources subject to a cap-and-trade program that meets the requirements of the NOX SIP Call were inconsistent with the statutory requirements of section 172(c)(1).27 The court specifically held that the Phase 2 Ozone Implementation Rule allowing use of the NOX SIP call to constitute RACT without any locally applicable analysis regarding the equivalence of NOX SIP Call and RACT reductions: ‘‘Is inconsistent with the Clean Air Act * * * in allowing participation in a regional cap-and-trade program to satisfy an area-specific statutory mandate.’’ The court emphasized that: ‘‘The RACT requirement calls for reductions in emissions from sources in the area * * * [and that] reductions from sources outside the nonattainment area do not satisfy the requirement * * * [a]ccordingly, participation in the NOX SIP call would constitute RACT only if participation entailed at least RACT-level reductions in emissions from sources within the nonattainment area.’’ In view of its decision in North Carolina v. EPA, in which the Court had previously remanded CAIR, the court deferred consideration of the litigant’s challenge to the Phase 2 Ozone Implementation Rule insofar as they related to the CAIR program. In light of the above, as well as a 2007 petition for reconsideration that EPA granted on this issue as it pertains to CAIR,28 EPA is proposing in this action to not approve the presumption or determination that CAIR or the NOX SIP Call constitutes RACT for EGU sources in the Area. However, after evaluating controls at individual point sources, EPA has determined that the point sources in the area have implemented RACT. This analysis is included below. NC DENR identified six facilities in the North Carolina portion of the bistate Charlotte Area that are or were major sources of NOX. Table 1 summarizes their emissions in 2003 and in 2011. NOX controls installed on these facilities have resulted in an average of 69 percent reduction across the bi-state Charlotte Area. 23 NOx and VOC are precursors to ozone. NOx limited is a term that describes an area in which naturally occurring VOCs are so high that a reduction of manmade VOC does not measurably reduce ozone. Therefore, a focus is placed on NOx reductions instead of a combination of NOx and VOC reduction. 24 This was federally approved into the SIP. See 67 FR 78987, December 27, 2002. 25 This was federally-approved into the SIP on September 26, 2011. See 76 FR 59250. 26 See Phase 2 Ozone Implementation Rule, 70 FR 71617. 27 See NRDC v. EPA, 571 F.3d 1245 (DC Cir. 2009). 28 See Earthjustice Petition for Reconsideration of the Clean Air Fine Particle Rule, June 25, 2007. See also April 25, 2011, letter from EPA Administrator Lisa P. Jackson to Paul Cort, Earthjustice, responding to the June 25, 2007, petition for reconsideration. VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\13MRP1.SGM 13MRP1 15902 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules TABLE 1—NOX POINT SOURCES IN THE BI-STATE CHARLOTTE AREA 2003 Annual NOX (tons) EGU 2011 Annual NOX (tons) 3,104 646 Rowan County Power ...................... 67 127 Duke Energy Lincoln ....................... 68 87 Duke Energy Riverbend .................. 5,508 1,106 Duke Energy G.G. Allen Plant ......... 10,992 4,401 Kannapolis Energy Partners ............ 946 0 Total .......................................... emcdonald on DSK67QTVN1PROD with PROPOSALS Duke Energy Buck Steam Station ... 20,685 NOX Control 6,367 Three of the facilities, Duke Energy Buck Steam Station, and Duke Energy Riverbend and Kannapolis Energy Partners have shut down or plan to shut down by 2015. Kannapolis Energy Partners is no longer in operation. Duke Buck and Riverbend are shutting down these units pursuant to conditions in state issued prevention of significant deterioration permits and in order to comply with the provisions of North Carolina’s CSA. Because of the time necessary to install additional controls and the limited remaining useful life between now and 2015 for the two operating facilities (Duke Energy Buck Steam Station, and Duke Energy Riverbend), a cost effectiveness analysis based on one or two years of operation would preclude any additional controls from being considered RACT. Two of the facilities, Rowan County Power and Duke Energy Lincoln, have been through a BACT analysis and the controls adopted for BACT are consistent with or more stringent than those that would be required for RACT. Duke’s G.G. Allen Plant has installed SNCR on two units and a two-tiered LOFIR combustion controls on the remaining three units to achieve NOx emissions reductions beyond those normally achieved from Low NOX burners at Duke’s G.G. Allen Plant. In aggregate, after the planned shutdowns occur, the bi-state Charlotte Area will have reduced NOX emissions by 77 percent from 2003 NOX emission levels. Because each of the units has installed NOX controls to meet BACT requirements, or to comply with existing source NOX requirements such as CAIR, the NOX SIP call rule or CSA VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 Three boilers with separated overfire air (SOFA) and two boilers with SOFA and selective non-catalytic reduction (SNCR) NOX control systems. Shut down Scheduled by 2015. Useful life would preclude installing any additional controls. Gas unit limits are 0.045 lb/million British thermal units (MMBtu) and 0.01 lb/MMBtu. Oil unit limits are 0.176 lb/MMBtu for units 1–3 and 0.054 lb/MMBtu for units 5 and 6. The facility predominately uses gas but has some oil start up. Meets Best Available Control Technology (BACT). (Title V Permit 08758T11). Water injection, Meets New Source Performance Standards (NSPS) Subpart GG, Meets BACT (Title V Permit 07171T09). SOFA and SNCR Shut down Scheduled by 2015. Useful life would preclude installing any additional controls SNCR on Units 2&4; Lowered Fire Incremental Respacing (LOFIR) low NOX burner System, with Closed-coupled/Separated OFA on units 1,3, & 5. Meets RACT. No longer in operation requirements or is scheduled to be shutdown, EPA has concluded that the reductions in place at these facilities in the bi-state Charlotte Area have resulted, in aggregate, in at least RACTlevel reductions in the bi-state Charlotte Area. Thus, EPA is now taking action to approve North Carolina’s rule revisions as meeting NOX RACT requirements for the bi-state Charlotte Area.29 C. EPA’s Analyses of Individual Rule Amendments and Adoptions This section will provide a rule by rule analysis of the rules submitted in the SIP revisions. North Carolina’s rule 15A NCAC 02D .0900 addresses VOC; Rule 15A NCAC 02D .1400 addresses NOX; and Rule 15A NCAC 02D .2600 addresses Source Testing. Below summarizes the specifics of each rule and EPA’s analyses for these rule changes. a. CTG Rules 1. Rule 15A NCAC 02D .0915, ‘‘Determination of Solvent Metal Cleaning VOC Emissions’’ On October 5, 2006 (71 FR 58745), as part of the Group II CTG, EPA updated the portion of the 1977 Solvent Metal Cleaning CTG regarding the control of VOC emissions from the use of industrial cleaning solvents. North Carolina originally adopted this rule in 1979, amended it November 1, 1984, and submitted it to EPA for approval on November 8, 1984. EPA approved it into 29 These rule revisions are included as portions of the following submittals: April 6, 2007, June 15, 2007, January 31, 2008, November 19, 2008 and February 3, 2010. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 the federally-approved SIP on December 19, 1986, (51 FR 45468). The state rule was amended numerous times after that. Rule 15A NCAC 02D .0915 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On June 1, 2008, North Carolina repealed this rule, and replaced it with existing Rule 15A NCAC 02D .0930, ‘‘Solvent Metal Cleaning;’’ and requirements found in Rule 15A NCAC 02D .2613. In a SIP revision on November 19, 2008, North Carolina submitted this repeal to EPA for approval. Today, EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT, and to approve the repeal of Rule 15A NCAC 02D .0915, as submitted in North Carolina’s November 19, 2008, SIP revision. EPA is also proposing to approve submittals that include Rules 15A NCAC 02D .0930, and .2613. Below provides more details regarding EPA’s proposed approval of Rules 15A NCAC 02D .0930, and .2613. 2. Rule 15A NCAC 02D .0916, ‘‘Determination: VOC Emissions From Bulk Gasoline Terminals’’ In 1977, EPA established a CTG addressing the control of VOC emissions from bulk gasoline plants. North Carolina originally adopted this rule in 1979, amended it November 1, 1984, and submitted it to EPA for approval on November 8, 1984. EPA approved it into the federally-approved SIP on December 19, 1986, (51 FR 45468). The state rule was amended numerous times after that. Rule 15A NCAC 02D .0916 was referenced in the appendix of the June E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 15, 2007, SIP revision but no rule change was made at that time. On June 1, 2008, North Carolina repealed this rule and replaced it with Rule 15A NCAC 02D .0927, ‘‘Solvent Metal Cleaning;’’ and requirements found in Rule 15A NCAC 02D .2613. In a SIP revision on November 19, 2008, North Carolina submitted this repeal to EPA for approval. Today, EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT, and to approve the repeal of Rule 15A NCAC 02D .0916, as submitted in North Carolina’s November 19, 2008, SIP revision. EPA is also proposing to approve Rules 15A NCAC 02D .0927, and .2613. Below provides more details regarding EPA’s proposed approval of Rules 15A NCAC 02D .0927, and .2613. emcdonald on DSK67QTVN1PROD with PROPOSALS 3. Rule 15A NCAC 02D .0917, ‘‘Automobile and Light Duty Truck Manufacturing’’ In May 1977, EPA issued a CTG document (1977 CTG) for controlling VOC emissions from surface coating of automobiles and light-duty trucks. On October 7, 2008 (73 FR 58481), EPA updated the 1977 CTG, as part of Group IV CTG, addressing the control of VOC emissions from automobile and lightduty truck manufacturing. North Carolina originally adopted this rule in 1979, amended it a number of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on July 21, 1994, (59 FR 37162). The rule was amended numerous times after that and submitted to EPA for SIP approval on July 1, 1996. EPA approved these amendments into the federallyapproved SIP on August 1, 1997, (62 FR 41277). Rule 15A NCAC 02D .0917 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On September 1, 2010, North Carolina repealed this rule and replaced it with Rule 15A NCAC 02D .0968, ‘‘Automobile and Light Duty Truck Assembly Coatings.’’ In a SIP revision on November 9, 2010, North Carolina submitted this repeal to EPA for approval. Today, EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT, and to approve the repeal of Rule 15A NCAC 02D .0917, as submitted in North Carolina’s November 9, 2010, SIP revision. EPA is also proposing to approve Rule .0968. A detailed rationale is provided below regarding EPA’s proposed approval of Rule .0968. VerDate Mar<15>2010 19:02 Mar 12, 2013 Jkt 229001 4. Rule 15A NCAC 02D .0920, ‘‘Paper Coatings’’ In May 1977, EPA established a CTG addressing the control of VOC emissions from paper coating operations. On October 9, 2007 (73 FR 57215), EPA updated the 1977 CTG, as part of Group III CTG, addressing the control of VOC emissions from paper, film and foil coating operations. North Carolina originally adopted this rule in 1979, amended it a number of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on July 21, 1994, (59 FR 37162). The rule was amended again and submitted to EPA for SIP approval on August 16, 1996. EPA approved these amendments into the federally-approved SIP on August 1, 1997, (62 FR 41277). Rule .0920 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On September 1, 2010, North Carolina repealed this rule and replaced it with Rule 15A NCAC 02D .0966, ‘‘Paper Film and Foil Coatings.’’ In a SIP revision on November 9, 2010, North Carolina submitted this repeal to EPA for approval. Today, EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT, and to approve the repeal of Rule .0920, as submitted in North Carolina’s November 9, 2010, SIP revision. EPA is also proposing to approve Rule .0966. A detailed rationale is provided below regarding EPA’s proposed approval of Rule .0966. 5. Rule 15A NCAC 02D .0921, ‘‘Fabric and Vinyl Coating’’ In May 1977, EPA established a CTG addressing the control of VOC emissions from fabric and vinyl coating operations. North Carolina originally adopted this rule in 1979, amended it a couple of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on July 21, 1994, (59 FR 37162). The rule was amended again and submitted to EPA for SIP approval on August 16, 1996. EPA approved these amendments into the federally-approved SIP on August 1, 1997, (62 FR 41277). Rule .0921 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On September 1, 2010, North Carolina repealed this rule and replaced it with Rule 15A NCAC 02D .0965, ‘‘Flexible Package Printing.’’ In a SIP revision on November 9, 2010, North Carolina submitted this repeal to EPA for approval. Today, EPA is taking action to propose approval of the June 15, 2007, PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 15903 SIP revision as it relates to RACT, and to approve the repeal of Rule .0921, as submitted in North Carolina’s November 9, 2010, SIP revision. EPA is also proposing to approve Rule .0965. A detailed rationale is provided below regarding EPA’s proposed approval of Rule .0965. 6. Rule 15A NCAC 02D .0922, ‘‘Metal Furniture Coating’’ In June 1978, EPA established a CTG addressing the control of VOC emissions from Metal Furniture Coating. On October 9, 2007 (73 FR 57215), EPA updated the 1978 CTG, as part of Group III CTG, addressing control of VOC emissions from metal furniture coating operations. North Carolina originally adopted this rule in 1979, amended it a couple of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on July 21, 1994, (59 FR 37162). The rule was amended again and submitted to EPA for SIP approval on August 16, 1996. EPA approved these amendments into the federally-approved SIP on August 1, 1997, (62 FR 41277). Rule .0922 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Changes to this rule were stateeffective September 1, 2010, and submitted in a SIP revision on November 9, 2010, for EPA approval. The rule was amended to control VOC emissions from metal furniture coatings by establishing three alternatives. EPA has evaluated North Carolina’s changes and is proposing to approve into the SIP the June 15, 2007, SIP revision as it relates to RACT, and North Carolina’s November 9, 2010, SIP revision as it relates to metal furniture coating. 7. Rule 15A NCAC 02D .0923, ‘‘Surface Coating of Large Appliance Parts’’ In May 1977, EPA established a CTG addressing the control of VOC emissions from large appliance surface coating operations. On October 9, 2007 (73 FR 57215), EPA updated the 1977 CTG, as part of Group III CTG, addressing the control of VOC emissions from large appliance surface coating operations. North Carolina originally adopted this rule in 1979, amended it a couple of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on July 21, 1994, (59 FR 37162). The rule was amended again and submitted to EPA for SIP approval on August 16, 1996. EPA approved these amendments into the federally-approved SIP on August 1, 1997, (62 FR 41277). Rule .0923 was referenced in the appendix of E:\FR\FM\13MRP1.SGM 13MRP1 15904 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules the June 15, 2007, SIP revision but no rule change was made at that time. Changes to this rule were stateeffective September 1, 2010, and submitted in a SIP revision on November 9, 2010, for EPA approval. The rule was amended to control VOC emissions from large appliance coatings by establishing three alternatives. EPA has evaluated North Carolina’s changes and is proposing to approve into the SIP the June 15, 2007, SIP revision as it relates to RACT, and North Carolina’s November 9, 2010, SIP revision as it relates to large appliance coatings. 8. Rule 15A NCAC 02D .0929, ‘‘Petroleum Refinery Sources’’ In 1978, EPA established a CTG addressing the control of VOC emissions from bulk gasoline plants. North Carolina originally adopted this rule in 1979, amended it a couple of times and submitted it to EPA for approval on April 29, 1991. EPA approved it into the federally-approved SIP on June 23, 1994, (59 FR 32362). Rule .0929 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. In an April 6, 2010, SIP revision, North Carolina made a negative declaration for this CTG source category stating that there are no applicable sources in the North Carolina portion of the bi-state Charlotte Area. As part of its analysis to support the negative declarations for aforementioned CTG source categories, NC DENR reviewed its permits files and emissions inventory information. After this review, NC DENR determined that there are no stationary sources or emitting facilities located in its portion of the bi-state Charlotte Area that are subject to aforementioned CTG source categories. EPA is now proposing to approve the negative declaration as provided in North Carolina’s April 6, 2010, SIP revision. Today, EPA is also proposing to approve the June 15, 2007, SIP revision as it relates to the RACT requirements. 9. Rule 15A NCAC 02D .0930, ‘‘Solvent Metal Cleaning’’ On October 5, 2006 (71 FR 58745), as part of the Group II CTG, EPA updated the portion of the 1977 Solvent Metal Cleaning CTG regarding the control of VOC emissions from the use of industrial cleaning solvents. North Carolina originally adopted Rule 15A NCAC 02D .0915, ‘‘Determination of Solvent Metal Cleaning VOC Emissions’’ and Rule .0930, ‘‘Solvent Metal Cleaning’’ in 1979. Rule .0915 was amended and submitted to EPA for approval on April 29, 1991. EPA approved the rule change on June 23, 1994, (59 FR 32362). Rule 0930, was amended and submitted to EPA for approval on April 17, 1990. EPA approved the rule change on June 23, 1994, (59 FR 32362). On June 1, 2008, North Carolina repealed Rule .0915, ‘‘Determination of Solvent Metal Cleaning VOC Emissions’’ and replaced it with Rule .0930, ‘‘Solvent Metal Cleaning’’ and rules in section Rule 15A NCAC 02D .2600. In a SIP revision on November 19, 2008, North Carolina submitted this repeal to EPA for approval. Today, EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT (Rule .0930, Solvent Metal Cleaning was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time), and to approve the repeal of Rule .0915. 10. Rule 15A NCAC 02D .0932, ‘‘Gasoline Truck Tanks and Vapor Collection System’’ In 1978 EPA established a CTG addressing VOC emissions from Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems. North Carolina originally adopted this Rule .0932 in 1980. The following shows the state submittals and corresponding EPA approvals: Federal Register approval Date state submitted to EPA Date of EPA approval April 17, 1990 .......................................................................... April 29, 1991 .......................................................................... August 7, 2002 ........................................................................ April 4, 2003 ............................................................................ July 21, 1994 .......................................................................... June 23, 1994 ........................................................................ December 27, 2002 ................................................................ September 17, 2003 ............................................................... Rule .0932 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Rule .0932 was also amended to correct a cross-reference error, and submitted to EPA for approval on November 19, 2008. Today, EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT. EPA is also proposing to approve the changes to Rule .0932 as provided in North Carolina’s November 19, 2008, SIP revision. 11. Rule 15A NCAC 02D .0933, ‘‘Petroleum Liquid Storage in External Floating Roof Tanks’’ Federal Register approval emcdonald on DSK67QTVN1PROD with PROPOSALS April 17, 1990 .......................................................................... April 29, 1991 .......................................................................... July 1, 1995 ............................................................................. July 21, 1994 .......................................................................... June 23, 1994 ........................................................................ February 1, 1996 .................................................................... 14:48 Mar 12, 2013 Jkt 229001 37162. 32362. 78980. 54362. In 1978 EPA established a CTG addressing VOC emissions from Date of EPA approval VerDate Mar<15>2010 FR FR FR FR petroleum liquid in external floating roof tanks. North Carolina originally adopted this Rule .0933 in 1980. The following shows the state submittals and corresponding EPA approvals: Date State submitted to EPA Changes to this rule were state effective August 1, 2004, and submitted to EPA on October 14, 2004, for SIP approval. The rule was amended to clarify the seal requirements for external 59 59 67 68 floating roof tanks. Rule .0933 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Today, EPA is proposing to approve North PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 59 FR 37162. 59 FR 32362. 62 FR 3589. Carolina’s October 14, 2004, SIP revision as related to Rule .0933. E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 12. Rule 15A NCAC 02D .0934, ‘‘Coating of Miscellaneous Metal Parts and Products’’ In June 1978, EPA issued a CTG document to address the control of VOC emissions from surface coating of Miscellaneous Metal Parts and Products. On October 7, 2008 (73 FR 58481), EPA updated the 1978 CTG, as part of Group IV CTG, addressing the control of VOC emissions from surface coating of miscellaneous metal parts and products. North Carolina originally adopted this rule in 1980, amended it a couple of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on July 21, 1994, (59 FR 37162). The rule was amended again and submitted to EPA for SIP approval on April 29, 1991. EPA approved these amendments into the federally-approved SIP on June 23, 1994, (59 FR 32362). The rule was amended again and submitted to EPA for SIP approval on August 16, 1996. EPA approved these amendments into the federally-approved SIP on August 1, 1997, (62 FR 41277). Rule .0934 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On September 1, 2010, North Carolina repealed this rule and replaced it with Rule 15A NCAC 02D .0967, ‘‘Miscellaneous Metal and Plastic Parts Coatings,’’ and on November 9, 2010, submitted this repeal to EPA for approval. EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT, and to approve North Carolina’s November 9, 2010, SIP revision repealing Rule .0934. EPA will also be taking action to propose approval of Rule .0967. emcdonald on DSK67QTVN1PROD with PROPOSALS 13. Rule 15A NCAC 02D .0935, ‘‘Factory Surface Coating of Flat Wood Paneling’’ In June 1978, EPA issued a CTG document to address the control of VOC emissions from surface coating of flat wood paneling. On October 5, 2006 (71 FR 58745), EPA updated the 1978 CTG, as part of Group II CTG, addressing the control of VOC emissions from surface coating of flat wood paneling operations. North Carolina originally adopted this rule in 1980, amended it a couple of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on July 21, 1994, (59 FR 37162). The rule was amended again and submitted to EPA for SIP approval on August 16, 1996. EPA approved these amendments into the federally-approved SIP on August 1, 1997, (62 FR 41277). Rule .0935 was referenced in the appendix of VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 the June 15, 2007, SIP revision but no rule change was made at that time. Changes to this rule were state effective September 1, 2010, and submitted to EPA on November 9, 2010, for SIP approval. The rule was amended to establish new emission limits for inks, coatings and adhesives used by the flat wood paneling coating facilities. The amendments offer two alternatives. EPA is proposing to approve into the SIP the June 15, 2007, SIP revision as it relates to RACT, and North Carolina’s November 9, 2010, SIP revision as it relates to Rule .0935. 14. Rule 15A NCAC 02D .0936, ‘‘Graphic Arts (Repealed)’’ In December 1978, EPA published a CTG for graphic arts (rotogravure printing and flexographic printing) that included flexible packaging printing. On October 5, 2006 (71 FR 58745), EPA updated the1978 CTG, as part of Group II CTG, addressing the control of VOC emissions from graphic arts systems consisting of packaging rotogravure, publication rotogravure or flexographic printing operations. North Carolina originally adopted this rule in 1980, amended it a couple of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on June 23, 1994, (59 FR 32362). Rule .0936 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On September 1, 2010, North Carolina repealed this rule and replaced it with Rule 15A NCAC 02D .0961, ‘‘Offset Lithographic Printing and Letterpress Printing’’ and Rule 15A NCAC 02D .0965, ‘‘Flexible Package Printing,’’ and on November 9, 2010, submitted this repeal to EPA for approval. EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT, and the November 9, 2010, SIP revision repealing Rule .0936. Below EPA is also taking action to propose approval of Rule .0961 and Rule .0965. 15. Rule 15A NCAC 02D .0943, ‘‘Synthetic Organic Chemical and Polymer Manufacturing’’ In 1984 EPA established a CTG addressing VOC emissions from Synthetic Organic Chemical Polymers and Resins. North Carolina originally adopted this Rule .0943 in 1985 amended it and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on June 23, 1994 (59 FR 32362). Rule .0943 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Rule .0943 was also PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 15905 amended to cross reference new rules in Section 15A NCAC 02D .2600 and submitted to EPA for approval on November 19, 2008. EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT, and of North Carolina’s November 19, 2008, SIP revision as it relates to Rule .0943. 16. Rule 15A NCAC 02D .0945, ‘‘Petroleum Dry Cleaning’’ In 1982 EPA established a CTG addressing VOC emissions from Petroleum Dry Cleaners. North Carolina originally adopted this Rule .0945 in 1985, amended it, and submitted it to EPA for approval on March 14, 1986. EPA approved it into the federallyapproved SIP on November 19, 1986 (51 FR 41786). Rule .0945 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Rule .0945 was also amended to crossreference new rules in Section 15A NCAC 02D .2600 and submitted to EPA for approval on November 19, 2008. EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT, and of North Carolina’s November 19, 2008, SIP revision as it relates to Rule .0945. 17. Rule 15A NCAC 02D .0961, ‘‘Offset Lithographic Printing and Letterpress Printing’’ In December 1978, EPA published a CTG for graphic arts (rotogravure printing and flexographic printing) that included flexible packaging printing. On October 5, 2006 (71 FR 58745), EPA updated the 1978 CTG, as part of Group II CTG, addressing the control of VOC emissions from graphic arts systems consisting of packaging rotogravure, publication rotogravure or flexographic printing operations. North Carolina originally adopted Rule 15A NCAC 02D .0936, ‘‘Graphic Arts’’ in 1980, amended it and submitted it to EPA for approval into the federally-approved SIP. In a November 9, 2010, SIP revision North Carolina repealed Rule .0936, ‘‘Graphic Arts’’ and replaced it in part with Rule 15A NCAC 02D .0961, ‘‘Offset Lithographic Printing and Letterpress Printing.’’ North Carolina originally adopted Rule .0961 on September 1, 2010, and submitted it for EPA approval on November 9, 2010. The rule was adopted to replace in part Rule .0936, ‘‘Graphic Arts.’’ EPA is proposing to conditionally approve North Carolina’s November 9, 2010, SIP revision as related to Rule .0936. E:\FR\FM\13MRP1.SGM 13MRP1 15906 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 18. Rule 15A NCAC 02D .0962, ‘‘Industrial Cleaning Solvents’’ On October 5, 2006 (71 FR 58745), as part of the Group II CTG, EPA updated the portion of the 1977 Solvent Metal Cleaning CTG regarding the control of VOC emissions from the use of industrial cleaning solvents. North Carolina originally adopted Rule .0962, on September 1, 2010, and submitted it to EPA for approval into the federallyapproved SIP on November 9, 2010. EPA is proposing to conditionally approve into the SIP the November 9, 2010, SIP revision as related to .0962. 19. Rule 15A NCAC 02D .0963, ‘‘Fiberglass Boat Manufacturing’’ On October 7, 2008 (73 FR 58481), EPA established a CTG, as part of the Group IV CTG, addressing the control of VOC emissions from the fiberglass boat manufacturing industry. North Carolina originally adopted Rule .0963, on September 1, 2010, and submitted it to EPA for approval into the federallyapproved SIP on November 9, 2010. EPA is proposing to approve into the SIP the November 9, 2010, SIP revision as related to Rule .0963. emcdonald on DSK67QTVN1PROD with PROPOSALS 20. Rule 15A NCAC 02D .0964, ‘‘Miscellaneous Industrial Adhesives’’ On October 7, 2008 (73 FR 58481), EPA established a CTG, as part of Group IV CTG, addressing the control of VOC emissions from the use of miscellaneous industrial adhesives. North Carolina originally adopted Rule .0964, on September 1, 2010, and submitted it to EPA for approval into the federallyapproved SIP on November 9, 2010. EPA is proposing to approve into the SIP the November 9, 2010, SIP revision as related to Rule .0964. 21. Rule 15A NCAC 02D .0965, ‘‘Flexible Package Printing’’ In December 1978, EPA published a CTG for graphic arts (rotogravure printing and flexographic printing) that included flexible packaging printing. On October 5, 2006 (71 FR 58745), EPA updated the 1978 CTG, as part of Group II CTG, addressing the control of VOC emissions from graphic arts systems consisting of packaging rotogravure, publication rotogravure or flexographic printing operations. North Carolina originally adopted Rule 15A NCAC 02D .0936, ‘‘Graphic Arts’’ in 1980, amended it and submitted it to EPA for approval into the federally-approved SIP. In a November 9, 2010, SIP revision North Carolina repealed Rule .0936, ‘‘Graphic Arts’’ and replaced it in part with Rule .0965, ‘‘Flexible Package Printing.’’ North Carolina originally adopted Rule .0965 on September 1, 2010, and VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 submitted it for EPA approval on November 9, 2010. The rule was adopted to replace in part Rule .0936 Graphic Arts. EPA is proposing to approve into the SIP the November 9, 2010, SIP revision as related to Rule .0965. 22. Rule 15A NCAC 02D .0966, ‘‘Paper, Film and Foil Coatings’’ In May 1977, EPA established a CTG addressing the control of VOC emissions from paper coating operations. On October 9, 2007 (73 FR 57215), EPA updated the 1977 CTG, as part of Group III CTG, addressing the control of VOC emissions from paper, film and foil coating operations. North Carolina originally adopted Rule 15A NCAC 02D .0920, ‘‘Paper Coatings’’ in 1979, amended it and submitted it to EPA for approval into the federally-approved SIP. On September 1, 2010, North Carolina repealed Rule .0920, ‘‘Paper Coatings,’’ and replaced it with Rule .0966, ‘‘Paper Film and Foil Coatings,’’ and on November 9, 2010, submitted this repeal to EPA for approval. North Carolina originally adopted Rule .0966 on September 1, 2010 and submitted it for EPA approval on November 9, 2010. The rule was adopted to replace Rule .0920 ‘‘Paper Coatings.’’ EPA is proposing to approve into the SIP the November 9, 2010, SIP revision as related to Rule .0966. 23. Rule 15A NCAC 02D .0967, ‘‘Miscellaneous Metal and Plastic Parts Coatings’’ In June 1978, EPA issued a CTG document to address the control of VOC emissions from surface coating of Miscellaneous Metal Parts and Products. On October 7, 2008 (73 FR 58481), EPA updated the 1978 CTG, as part of Group IV CTG, addressing the control of VOC emissions from surface coating of miscellaneous metal parts and products. North Carolina originally adopted Rule 15A NCAC 02D .0934, ‘‘Coating of Miscellaneous Metal Parts and Products’’ in 1980, amended it and submitted it to EPA for approval into the federally-approved SIP. In a November 9, 2010, SIP revision North Carolina repealed Rule .0934, ‘‘Coating of Miscellaneous Metal Parts and Products’’ and replaced it with Rule .0967, ‘‘Miscellaneous Metal and Plastic Parts Coatings’’. North Carolina originally adopted Rule .0967 on September 1, 2010, and submitted it for EPA approval on November 9, 2010. The rule was adopted to replace Rule .0934 ‘‘Coating of Miscellaneous Metal Parts and Products.’’ EPA is proposing to approve into the SIP the November 9, PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 2010, SIP revision as it relates to Rule .0967. 24. Rule 15A NCAC 02D .0968, ‘‘Automobile and Light Duty Truck Assembly Coatings’’ In May 1977, EPA issued a CTG document (1977 CTG) for controlling VOC emissions from surface coating of automobiles and light-duty trucks. On October 7, 2008 (73 FR 58481), EPA updated the 1977 CTG, as part of Group IV CTG, addressing the control of VOC emissions from automobile and lightduty truck manufacturing. North Carolina originally adopted Rule 15A NCAC 02D .0917, ‘‘Automobile and Light Duty Truck Manufacturing’’ in 1979, amended it and submitted it to EPA for approval into the federally-approved SIP. In a November 9, 2010, SIP revision North Carolina repealed Rule .0917, ‘‘Automobile and Light Duty Truck Manufacturing’’ and replaced it with Rule .0968, ‘‘Automobile and Light Duty Truck Assembly Coatings.’’ North Carolina originally adopted Rule .0968 on September 1, 2010, and submitted it for EPA approval on November 9, 2010. The rule was adopted to replace Rule .0917 ‘‘Automobile and Light Duty Truck Manufacturing.’’ EPA is proposing to approve into the SIP the November 9, 2010, SIP revision as it relates to Rule .0968. b. General RACT Rules Moderate and above ozone nonattainment areas are required to have regulations in place that require major VOC sources and NOx sources to meet RACT requirements. North Carolina was required to meet VOC major source RACT and NOx major source RACT for the Charlotte 1-hour ozone nonattainment area, which consisted of Mecklenburg and Gaston Counties. The bi-state Charlotte Area was designated as a moderate nonattainment area for the 1997 8-hour ozone standard on June 15, 2004. North Carolina was then required to meet major source VOC RACT and major source NOx RACT for the entire seven county 1997 8-hour nonattainment area. The following are RACT rules for the North Carolina portion of the bi-state Charlotte Area. 25. Rule 15A NCAC 02D .0901, ‘‘Definitions’’ North Carolina originally adopted this rule in 1979, amended it a number of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on July 21, 1994 (59 FR 37162). The E:\FR\FM\13MRP1.SGM 13MRP1 15907 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules rule was amended numerous times after that and submitted to EPA for SIP approval on August 16, 1996. EPA approved these amendments into the federally-approved SIP on August 1, 1997, (62 FR 41277). This rule was referenced in the appendix of the June 15, 2007, SIP revision but no rule changes were made at that time. Changes to this rule were state effective March 13, 2008, and submitted to EPA on November 19, 2008, for SIP approval. The rule was amended to cross reference the new Rule Section 15A NCAC 02D .2600. Additional changes to this rule were state effective January 1, 2009, and submitted to EPA on September 18, 2009, for SIP approval. The rule was amended to include the definition of Stage I vapor control. EPA is proposing to approve into the SIP the November 19, 2008 and September 18, 2009, SIP revision changes to this rule. 26. Rule 15A NCAC 02D .0902, ‘‘Applicability’’ North Carolina originally adopted this rule in 1979, amended it a number of times and submitted it to EPA for approval. The following table shows the dates it was submitted to EPA and approved into the federally-approved SIP. Federal Register approval Date of EPA approval November 8, 1984 .................................................................. January 7, 1994 and August 16, 1996 ................................... March 19, 1997 ....................................................................... July 28, 2000 ........................................................................... emcdonald on DSK67QTVN1PROD with PROPOSALS Date State submitted to EPA December 19, 1986 ................................................................ August 1, 1997 ....................................................................... October 15, 1999 ................................................................... August 27, 2001 ..................................................................... Rule .0902 has been revised and submitted to EPA in numerous SIP submissions that have not yet been approved. Changes to this rule were state effective August 1, 2004, and submitted to EPA on October 14, 2004. The rule was amended to specify applicability for the 15A NCAC 02D .0900 Section Rules. Changes to this rule were state effective March 1, 2007, and submitted to EPA on April 6, 2007. The rule was amended to make the .0900 Section rules applicable to major sources in the Area. Rule .0902 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Changes to this rule were state effective July 1, 2007, and submitted to EPA on January 31, 2008. The rule was amended to cover facilities with the potential to emit between 50 and 100 tons VOC per year in the bi-State Charlotte Area and to describe additional VOC sources covered and actions to be taken if EPA reclassified the bi-State Charlotte Area to serious.30 Changes to this rule were state effective January 1, 2009, and submitted to EPA on September 18, 2009. The rule was amended to remove a reference to Rule 15A NCAC 02D .0953 that has been repealed. Changes to this rule were state effective September 1, 2010, and submitted to EPA on November 9, 2010. The rule was amended to extend the work practice standards in 15A NCAC 02D .0958 to all sources of VOC in the state and to clarify that all areas that become subject to the VOC RACT rules shall continue 30 As provided for in the CAA, North Carolina was granted a 1 year extension of the attainment date (See 76 FR 31245, May 31, 2011), attained the standard prior to the extended attainment date, and was not reclassified to serious and continued to be a moderate area. VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 to comply with those rules after the area is redesignated to attainment. EPA is proposing conditional approval of the changes to this rule that were submitted to EPA on October 14, 2004, with the exception of the start-up, shutdown language as described in Section II. A. a. of this document and the revisions submitted, April 6, 2007, January 31, 2008, September 18, 2009 and November 9, 2010, on the condition that North Carolina will finalize their draft November 28, 2012, submittal, submit it to EPA and meet federal law. 27. Rule 15A NCAC 02D .0909, ‘‘Compliance Schedules for Sources in Nonattainment Areas’’ North Carolina originally adopted this rule in 1979, amended it and submitted it to EPA for approval on November 8, 1984. EPA approved it into the federally-approved SIP on December 19, 1986, (51 FR 45468). The rule was amended again and submitted to EPA for SIP approval on March 19, 1997. EPA approved these amendments into the federally-approved SIP on October 15, 1999, (64 FR 55879). The rule was amended again and submitted to EPA for SIP approval on July 28, 2000. EPA approved these amendments into the federally-approved SIP on August 27, 2001, (66 FR 34117). Rule .0909 has been revised and submitted to EPA in numerous SIP submissions that have not yet been approved. Changes to this rule were state effective March 1, 2007, and submitted to EPA on April 6, 2007. The rule was amended to add a compliance schedule for nonattainment areas, distinguishing the compliance schedules for maintenance areas and new nonattainment areas. Rule .0909 was referenced in the appendix of the June 15, 2007, SIP revision but no rule PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 51 62 64 66 FR FR FR FR 45468. 41277. 55879. 34117. change was made at that time. Changes to this rule were state effective July 1, 2007, and submitted to EPA on January 31, 2008. The rule was amended to add VOC RACT compliance schedules if EPA had reclassified the bi-state Charlotte Area to serious.31 Changes to this rule were state effective January 1, 2009, and submitted to EPA on September 18, 2009. The rule was amended to remove a reference to Rules .0953 and .0954 that have been repealed. Changes to this rule were state effective September 1, 2010, and submitted to EPA on November 9, 2010. The rule was amended to change cross references. EPA is proposing conditional approval of the changes to this rule that were submitted to EPA on April 6, 2007, January 31, 2008, September 18, 2009 and November 9, 2010, on the condition that North Carolina will finalize their draft November 28, 2012, SIP revision, submit it to EPA and meet federal law. 28. Rule 15A NCAC 02D .0912, ‘‘General Provisions on Test Methods and Procedures’’ North Carolina originally adopted this rule in 1979, amended it and submitted it to EPA for approval on November 8, 1984. EPA approved it into the federally-approved SIP on December 19, 1986, (51 FR 45468). The rule was amended again and submitted to EPA for SIP approval on April 4, 2003. EPA approved these amendments into the federally-approved SIP on September 17, 2003, (68 FR 54362). Rule .0912 was referenced in the appendix of the June 31 As provided for in the CAA, on May 31, 2011, North Carolina was granted a 1 year extension of the attainment date (See 76 FR 31245), attained the standard prior to the extended attainment date, and was not reclassified to serious and continued to be a moderate area. E:\FR\FM\13MRP1.SGM 13MRP1 15908 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 15, 2007, SIP revision but no rule change was made at that time. Rule .0912 has been revised and submitted to EPA in a SIP submission that has not yet been approved. Changes to this rule were state effective March 13, 2008, and submitted to EPA on November 19, 2008. The rule was amended to add the cross-reference and remove verbal explanations of testing expectations and schedules that are transferred to the new rule Section 15A NCAC 02D .2600 as submitted on November 19, 2008. EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT, and EPA is proposing to approve the changes made to this rule in the November 19, 2008, SIP revision. 29. Rule 15A NCAC 02D .0913, ‘‘Determination of Volatile Content of Surface Coatings’’ Repealed North Carolina originally adopted this rule in 1979, amended it and submitted it to EPA for approval on July 1, 1988. EPA approved it into the federallyapproved SIP on January 16, 1990, (55 FR 1420). Rule .0913 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Rule .0913 has been repealed and submitted to EPA in a SIP submission that has not yet been approved. This rule was repealed, state effective March 13, 2008, and submitted to EPA on November 19, 2008. The repealed rule was replaced with requirements in the new rule Section .2600 as submitted on November 19, 2008. EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT and EPA is proposing to approve the repeal of this rule in the November 19, 2008, SIP revision. 30. Rule 15A NCAC 02D .0914, ‘‘Determination of VOC Emission Control System Efficiency’’ Repealed North Carolina originally adopted this rule in 1979, amended it and submitted it to EPA for approval on November 8, 1984. EPA approved it into the federally-approved SIP on December 19, 1986. See 51 FR 45468. It was amended again and submitted to EPA for approval on July 29, 1998. EPA approved it into the federally-approved SIP on November 10, 1999. See 64 FR 61213. Rule .0914 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Rule .0914 was repealed and submitted to EPA in a SIP submission that has not yet been approved. This repealed rule became state effective March 13, 2008, and was submitted to EPA on November 19, 2008. The repealed rule was replaced with requirements in the new rule Section 15A NCAC 02D .2600 as submitted on November 19, 2008. EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT and EPA is proposing to approve the repeal of this rule in the November 19, 2008, SIP revision. 31. Rule 15A NCAC 02D .0939, ‘‘Determination of Volatile Organic Compound Emissions (Repealed)’’ North Carolina originally adopted this rule in 1980, amended it a number of times and submitted it to EPA for approval on July 1, 1988. EPA approved it into the federally-approved SIP on January 16, 1990, (55 FR 1420). Rule .0939 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On March 13, 2008, North Carolina repealed this rule and submitted the repeal to EPA for approval on November 19, 2008. In that same submittal, North Carolina replaced Rule .0939 with Rule 15A NCAC 02D .2613, ‘‘Volatile Organic Compound Testing Methods.’’ EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT and the November 19, 2008, SIP revision repealing Rule .0939. EPA will also be taking action to propose approval of Rule .2613. 32. Rule 15A NCAC 02D .0940, ‘‘Determination of Leak Tightness and Vapor Leaks (Repealed)’’ North Carolina originally adopted this rule in 1980, amended it a number of times and submitted it to EPA for approval. The following Table shows the state submittals and corresponding EPA approvals: Federal Register approval Date of EPA Approval June 23, 1980 ......................................................................... December 17, 1984 ................................................................ July 1, 1988 ............................................................................. emcdonald on DSK67QTVN1PROD with PROPOSALS Date State submitted to EPA August 27, 1981 ..................................................................... December 19, 1986 ................................................................ January 16, 1990 ................................................................... Rule .0940 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On March 13, 2008, North Carolina repealed this rule and submitted the repeal to EPA for approval on November 19, 2008. In that same submittal, North Carolina replaced Rule .0940 with Rule 15A NCAC 02D .2615, ‘‘Determination of Leak Tightness and Vapor Leaks.’’ EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT and the November 19, 2008, SIP revision repealing Rule .0940. EPA will also be taking action to propose approval of Rule .2615. VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 33. Rule 15A NCAC 02D .0941, ‘‘Alternative Method for Leak Tightness (Repealed)’’ North Carolina originally adopted this rule in 1980, amended it a number of times and submitted it to EPA for approval on April 17, 1990. EPA approved it into the federally-approved SIP on June 23, 1994 (59 FR 32362). Rule .0941 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On March 13, 2008, North Carolina repealed this rule and submitted the repeal to EPA for approval on November 19, 2008. In that same submittal, North Carolina replaced Rule .0941 with Rule 15A NCAC 02D .2615. EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 46 FR 43137. 51 FR 45468. 55 FR 1420. RACT and the November 19, 2008, SIP revision repealing Rule .0941. EPA will also be taking action to propose approval of Rule .2615. 34. Rule 15A NCAC 02D .0942, ‘‘Determination of Solvent in Filter Waste (Repealed)’’ North Carolina originally adopted this rule in 1980, amended it a number of times and submitted it to EPA for approval on July 23, 1990. EPA approved it into the federally-approved SIP on August 27, 1981. See 46 FR 43137. Rule .0942 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. On March 13, 2008, North Carolina repealed this rule and submitted the repeal to EPA for approval on November E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 19, 2008. In that same submittal, North Carolina replaced Rule .0942 with Rule 15A NCAC 02D .2613, ‘‘Volatile Organic Compound Testing Methods.’’ EPA is taking action to propose approval of the June 15, 2007, SIP revision as it relates to RACT and the November 19, 2008, SIP revision repealing Rule .0942. EPA will also be taking action to propose approval of Rule .2613. emcdonald on DSK67QTVN1PROD with PROPOSALS 35. Rule 15A NCAC 02D .0951, ‘‘Miscellaneous Volatile Organic Compound Emissions’’ North Carolina originally adopted Rule .0951 in 1994 and submitted it for EPA approval on January 7, 1994, and again on August 16, 1995. EPA approved these revisions on August 1, 1996. See 62 FR 41277. North Carolina submitted amendments to EPA for approval into the federally-approved SIP on July 28, 2000. EPA approved these amendments on June 27, 2001, (66 FR 34117). Rule .0951 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Changes to this rule were state effective September 1, 2010, and submitted to EPA on November 9, 2010, for SIP approval. The rule was amended to change cross references to other Section 15A NCAC 02D .0900 rules. The Rule was amended again, including a name change to ‘‘RACT for Sources of Volatile Organic 3 Compounds.’’ This revision was submitted for EPA approval on November 28, 2012, for parallel processing. EPA is proposing to approve into the SIP the June 15, 2007, SIP revision as it relates to RACT, and proposing to conditionally approve the November 9, 2010, SIP revision into the SIP. 36. Rule 15A NCAC 02D .1402, ‘‘Applicability’’ North Carolina originally adopted Rule .1402 in 1995, and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002 (67 FR 42519). North Carolina submitted amendments to EPA for approval into the federally-approved SIP on July 15, 2002. EPA approved these amendments on December 27, 2002 (67 FR 78987). Rule .1402 has been revised and submitted to EPA in numerous SIP submissions that have not yet been approved. Changes to this rule were state effective March 1, 2007, and submitted to EPA on April 6, 2007. The rule was amended to major sources in the Area. Rule .1402 was also referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Changes to this rule VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 15909 were state effective July 1, 2007, and submitted to EPA on January 31, 2008. The rule was amended to address facilities with the potential to emit between 50 and 100 tons of NOX per year and describe actions to be taken if EPA notifies the State that the bi-state Charlotte Area has failed to attain compliance with the ozone standard. Changes to this rule were state effective July 1, 2007, and submitted to EPA on November 19, 2008. The rule was amended to remove reference to repealed rules. Changes to this rule were state effective January 1, 2010, and submitted to EPA on February 3, 2010. The rule was amended to specify which parts of this section apply to sources covered under CAIR, to clarify RACT requirements in nonattainment areas and to correct cross-reference errors. EPA is proposing to approve into the SIP the version of Rule .1402, ‘‘Applicability’’ submitted on February 3, 2010, which incorporated all of the changes listed above. 38. Rule 15A NCAC 02D .1404, ‘‘Recordkeeping: Reporting: Monitoring’’ 37. Rule 15A NCAC 02D .1403, ‘‘Compliance Schedules’’ 39. Rule 15A NCAC 02D .1407, ‘‘Boilers and Indirect Process Heaters’’ North Carolina originally adopted Rule .1403 in 1995, and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to EPA for approval into the federally- approved SIP on July 15, 2002. EPA approved these amendments on December 27, 2002 (67 FR 78987). Changes to Rule .1403 became state effective on March 1, 2007, and were submitted to EPA for SIP approval on April 6, 2007. Specifically, this rule was amended to add a compliance schedule for nonattainment areas distinguishing the compliance schedules for maintenance areas and new nonattainment areas. Rule .1403 was also referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Rule .1403 was amended again with changes state effective on July 1, 2007, and submitted to EPA for SIP approval on January 31, 2008. It was amended to add NOX RACT compliance schedules for the bi-state Charlotte Area if the ozone nonattainment plan fails to attain compliance. EPA is proposing to approve into the SIP the version of Rule 15A NCAC 02D .1403, ‘‘Compliance Schedules’’ submitted on January 31, 2008, which incorporated all of the changes listed above. North Carolina originally adopted Rule 15A NCAC 02D .1407 in 1995, and then made some temporary amendments. Rule 15A NCAC 02D .1407 was also referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended the rule, state effective July 15, 2002, and submitted it for EPA approval on November 19, 2008. It was amended to account for changes in Rule .1402 Applicability. EPA has made the preliminary determination that this change is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as was submitted November 19, 2008. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 North Carolina originally adopted Rule .1404 in 1995, and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to EPA for approval into the federally- approved SIP on July 15, 2002. EPA approved these amendments on December 27, 2002 (67 FR 78987). Changes to Rule .1404 became state effective on May 1, 2004, and were submitted to EPA for SIP approval on October 14, 2004. This rule was amended to clarify monitoring requirements. Rule .1404 was also referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. EPA is proposing to approve into the SIP the version of Rule 15A NCAC 02D .1404, ‘‘Recordkeeping: Reporting: Monitoring’’ submitted on October 14, 2004. 40. Rule 15A NCAC 02D .1408, ‘‘Stationary Combustion Turbines’’ North Carolina originally adopted Rule .1408 in 1995, and then made some temporary amendments. Rule .1408 was also referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1408, these changes became state effective July 15, 2002, and submitted it for EPA approval on November 19, 2008. It was amended to account for changes in Rule .1402 Applicability. EPA has made the preliminary determination that this change is consistent with federal requirements, and thus EPA is proposing to approve the changes to this E:\FR\FM\13MRP1.SGM 13MRP1 15910 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules rule as it was submitted November 19, 2008. 41. Rule 15A NCAC 02D .1409, ‘‘Stationary Internal Combustion Turbines’’ North Carolina originally adopted Rule .1409 in 1995 and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to EPA for approval into the federally-approved SIP on July 15, 2002. EPA approved these amendments on December 27, 2002. See 67 FR 78987. Changes to Rule.1409 became state effective on May 1, 2004, and was submitted to EPA for approval on October 14, 2004. It was amended to clarify stationary internal combustion engine requirements. Rule .1409 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. Changes to Rule .1409 became state effective on March 13, 2008, and were submitted to EPA for SIP approval on November 19, 2008. Specifically, it was amended to remove reference to repealed rules. EPA has made the preliminary determination that this change is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. emcdonald on DSK67QTVN1PROD with PROPOSALS 42. Rule 15A NCAC 02D .1410, ‘‘Emissions Averaging’’ North Carolina originally adopted Rule .1410 in 1995 and then made some temporary amendments. Rule .1410 was also referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1410, the changes became state effective on July 15, 2002, and March 13, 2008, and were submitted for EPA approval on November 19, 2008. Specifically, it was amended to remove references to repealed rules. EPA has made the preliminary determination that this change is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 43. Rule 15A NCAC 02D .1411, ‘‘Seasonal Fuel Switching’’ North Carolina originally adopted Rule .1411 in 1995, and then made some temporary amendments. Rule .1411 was also referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1411, it became state effective on July 15, 2002, and VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 March 13, 2008, and was submitted for EPA approval on November 19, 2008. Specifically, it was amended to remove references to repealed rules. EPA has made the preliminary determination that this change is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 44. Rule 15A NCAC 02D .1412, ‘‘Petition for Alternative Limitations’’ North Carolina originally adopted Rule .1412 in 1995 and then made some temporary amendments. Rule .1412 was also referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1412, it became state effective July 15, 2002, and March 13, 2008, and was submitted for EPA approval on November 19, 2008. Specifically, it was amended to remove references to repealed rules. EPA has made the preliminary determination that this change is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 45. Rule 15A NCAC 02D .1415, ‘‘Test Methods and Procedures’’ North Carolina originally adopted Rule .1415 in 1995 and then made some temporary amendments. Rule .1415 was also referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1415, it became state effective on July 15, 2002, and March 13, 2008, and was submitted for EPA approval on November 19, 2008. Specifically, it was amended to crossreference the new rules in Section 15A NCAC 02D .2600. EPA has made the preliminary determination that this change is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 46. Rule 15A NCAC 02D .1416, ‘‘Emission Allocations for Utility Companies’’ North Carolina originally adopted Rule .1416 in 2001, and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002 (67 FR 42519). North Carolina submitted amendments to EPA for approval into the federally-approved SIP on July 15, 2002. EPA approved these amendments on December 27, 2002. See 67 FR 78987. North Carolina amended Rule .1416 and submitted these revisions to EPA PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 for approval on October 14, 2004. Rule .1416 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1416, it became state effective on July 15, 2002, and June 1, 2004, and on March 13, 2008, North Carolina repealed the rule. North Carolina submitted this repeal for EPA approval on November 19, 2008. It was repealed because it was replaced by North Carolina’s CAIR SIP revision which was approved by EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary determination that this change to North Carolina’s SIP is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 47. Rule 15A NCAC 02D .1417, ‘‘Emission Allocations for Large Combustion Sources’’ North Carolina originally adopted Rule .1417 in 2001, and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002 (67 FR 42519). North Carolina submitted amendments to EPA for approval into the federally-approved SIP on July 15, 2002. EPA approved these amendments on December 27, 2002. See 67 FR 78987. North Carolina amended Rule .1417 and submitted these revisions to EPA for approval on October 14, 2004. Rule .1417 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1417, it became state effective on July 15, 2002, and June 1, 2004, and on March 13, 2008, North Carolina repealed the rule. North Carolina submitted this repeal for EPA approval on November 19, 2008. It was repealed because it was replaced by North Carolina’s CAIR SIP revision which was approved by EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary determination that this change to North Carolina’s SIP is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 48. Rule 15A NCAC 02D .1418, ‘‘New Electric Generating Units, Large Boilers, and Large Internal Combustion Engines’’ North Carolina originally adopted Rule .1418 in 2001, and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to EPA for approval into the federally-approved SIP on July 15, 2002. EPA approved E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules emcdonald on DSK67QTVN1PROD with PROPOSALS these amendments on December 27, 2002. See 67 FR 78987. Rule .1418 was amended to clarify offsets for new electric generating units, large boilers and large internal combustion engines and submitted these revisions to EPA for approval on October 14, 2004. Rule .1418 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1418, it became state effective on July 15, 2002, June 1, 2004, and March 13, 2008. North Carolina submitted it for EPA approval on November 19, 2008. It was amended to remove offset language that was replaced by North Carolina’s CAIR SIP revision which was approved by EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary determination that this change to North Carolina’s SIP is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 49. Rule 15A NCAC 02D .1419, ‘‘Nitrogen Oxide Budget Trading Program’’ North Carolina originally adopted Rule .1419 in 2001, and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to EPA for approval into the federally-approved SIP on July 15, 2002. EPA approved these amendments on December 27, 2002. See 67 FR 78987. North Carolina amended Rule .1419 and submitted these revisions to EPA for approval on October 14, 2004. Rule .1419 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1419, it became state effective on July 15, 2002 and June 1, 2004, and on March 13, 2008, North Carolina repealed the rule. North Carolina submitted this repeal for EPA approval on November 19, 2008. It was repealed because it was replaced by North Carolina’s CAIR SIP revision which was approved by EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary determination that this change to North Carolina’s SIP is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 50. Rule 15A NCAC 02D .1420, ‘‘Periodic Review and Reallocations’’ North Carolina originally adopted Rule .1420 in 2001, and submitted it for EPA approval on November 18, 2001. VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 15911 EPA approved these changes on June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to EPA for approval into the federally-approved SIP on July 15, 2002. EPA approved these amendments on December 27, 2002. See 67 FR 78987. Rule .1420 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1420, it became state effective July 15, 2002, and on March 13, 2008, North Carolina repealed the rule. North Carolina submitted this repeal for EPA approval on November 19, 2008. It was repealed because it was replaced by North Carolina’s CAIR SIP revision which was approved by EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary determination that this change to North Carolina’s SIP is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. SIP on July 15, 2002. EPA approved these amendments on December 27, 2002. See 67 FR 78987. North Carolina amended Rule .1422 and submitted these revisions to EPA for approval on October 14, 2004. Rule 15A NCAC 02D .1422 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1422, it became state effective July 15, 2002, and on March 13, 2008, North Carolina repealed the rule. North Carolina submitted this repeal for EPA approval on November 19, 2008. It was repealed because it was replaced by North Carolina’s CAIR SIP revision which was approved by EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary determination that this change to North Carolina’s SIP is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 51. Rule 15A NCAC 02D .1421, ‘‘Allocations for New Growth of Major Point Sources’’ North Carolina originally adopted Rule .1421 in 2001, and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to EPA for approval into the federally-approved SIP on July 15, 2002. EPA approved these amendments on December 27, 2002. See 67 FR 78987. Rule .1421 was referenced in the appendix of the June 15, 2007, SIP revision but no rule change was made at that time. North Carolina amended Rule .1421, it became state effective July 15, 2002, and on March 13, 2008, North Carolina repealed the rule. North Carolina submitted this repeal for EPA approval on November 19, 2008. It was repealed because it was replaced by North Carolina’s CAIR SIP revision which was approved by EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary determination that this change to North Carolina’s SIP is consistent with federal requirements, and thus EPA is proposing to approve the changes to this rule as it was submitted November 19, 2008. 53. Rule 15A NCAC 02D .2601, ‘‘Purpose and Scope’’ 52. Rule 15A NCAC 02D .1422, ‘‘Compliance Supplement Pool Credits’’ North Carolina originally adopted Rule .1422 in 2001, and submitted it for EPA approval on November 18, 2001. EPA approved these changes on June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to EPA for approval into the federally-approved PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 North Carolina originally adopted Rule .2601 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to define the purpose of the application of Section 15A NCAC 02D .2600. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. 54. Rule 15A NCAC 02D .2602, ‘‘General Provisions on Test Methods’’ North Carolina originally adopted Rule .2602 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to describe the general provisions to be used during source testing using the methods and procedures in Section 15A NCAC 02D .2600. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. 55. Rule 15A NCAC 02D .2603, ‘‘Testing Protocol’’ North Carolina originally adopted Rule .2603 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to describe the construction of a source test protocol. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. E:\FR\FM\13MRP1.SGM 13MRP1 15912 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 56. Rule 15A NCAC 02D .2604, ‘‘Number of Test Points’’ North Carolina originally adopted Rule .2604 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to describe the source testing requiring the use of Method 1 of Appendix A of 40 CFR Part 60 during any source test in which velocity and volume flow rate measurements are required. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. 57. Rule 15A NCAC 02D .2605, ‘‘Velocity and Volume Flow Rate’’ North Carolina originally adopted Rule .2605 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to explicitly require the use of Method 2 of Appendix A of 40 CFR Part 60 during any source test in which velocity and volume flow rate measurements are required. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. 58. Rule 15A NCAC 02D .2606, ‘‘Molecular Weight’’ North Carolina originally adopted Rule .2606 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to explicitly require the use of Method 3 of Appendix A of 40 CFR Part 60 during any source test method requiring determination of the molecular weight of the gas being sampled by determining the fraction of carbon dioxide, oxygen, carbon monoxide, and nitrogen are required, with one exception to Method 3 provided. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. emcdonald on DSK67QTVN1PROD with PROPOSALS 59. Rule 15A NCAC 02D .2607, ‘‘Determination of Moisture Content’’ North Carolina originally adopted Rule .2607 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to require the use of Method 4 of Appendix A of 40 CFR Part 60 during any test method requiring determination of gas moisture content. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 60. Rule 15A NCAC 02D .2608, ‘‘Number of Runs and Compliance Determination’’ North Carolina originally adopted Rule .2608 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to state the required number of testing runs required and possible reductions of required test runs under unavoidable and unforeseeable circumstances. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. 61. Rule 15A NCAC 02D .2612, ‘‘Nitrogen Oxide Testing Methods’’ North Carolina originally adopted Rule .2612 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to use Method 7 or Method 7E of Appendix A of 40 CFR part 60 for combustion sources not required to use continuous emissions monitoring and Method 20 of Appendix A of 40 CFR part 60 for stationary gas turbines. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. 62. Rule 15A NCAC 02D .2613, ‘‘Volatile Organic Compound Testing Methods’’ North Carolina originally adopted Rule .2613 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to require the use of Method 24 of Appendix A of 40 CFR Part 60 for printing inks and related coatings, a specified procedure to determine solvent emissions from solvent metal cleaning equipment, and the procedures set forth in 40 CFR 60.503 at bulk gasoline terminals. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. 63. Rule 15A NCAC 02D .2614, ‘‘Determination of VOC Emission Control System’’ North Carolina originally adopted Rule .2614 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to require specific protocols and test methods to determine the collection or control efficiency of any device or system operated for the purpose of reducing volatile organic compound emissions. EPA has evaluated this rule and has made the preliminary PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. 64. Rule 15A NCAC 02D .2615, ‘‘Determination of Leak Tightness and Vapor Leaks’’ North Carolina originally adopted Rule .2615 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to test for leaks from gasoline tank trucks and vapor collection systems and to use procedures described in Method 27 of Appendix A of 40 CFR part 60 to annually certify truck tanks. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. 65. Rule 15A NCAC 02D .2621, ‘‘Determination of Fuel Heat Content Using F-Factor’’ North Carolina originally adopted Rule .2621 on March 13, 2008, and submitted it for EPA approval on November 19, 2008. It was adopted to determine rates for wood or fuel burning sources using the ‘‘Oxygen Based F Factor Procedure’’ described in Section 5 of Method 19 of Appendix A of 40 CFR Part 60 or other procedures described in Method 19. EPA has evaluated this rule and has made the preliminary determination that this rule is consistent with federal requirements. Therefore, EPA is proposing to approve this rule. III. Effect of This Proposed Action The effect of this proposed action is to approve or conditionally approve the aforementioned requirements for RACT and CTG source categories into in the North Carolina SIP for the State’s portion of the bi-state Charlotte Area. Today, EPA is proposing to approve SIP revisions submitted on June 15, 2007, November 19, 2008, February 3, 2010, and April 6, 2010. Additionally, EPA is proposing to approve in part, and conditionally approve in part, North Carolina’s SIP revisions submitted on October 14, 2004, April 6, 2007, January 31, 2008, September 18, 2009, and November 9, 2010. EPA is proposing to conditionally approve North Carolina’s SIP as it relates to VOC RACT because these SIP revisions do not provide the appropriate applicability thresholds for certain CTG sources. In a August 30, 2012, letter, North Carolina committed to provide a SIP revision to correct the applicability thresholds for these CTG sources. If North Carolina fails to submit the SIP revision by March 13, 2014, today’s E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules conditional approval will automatically become a disapproval on that date and EPA will issue a finding of disapproval. EPA is not required to propose the finding of disapproval. If the conditional approval is converted to a disapproval, the final disapproval triggers the Federal Implementation Plan requirement under section 110(c). However, if the State meets its commitment within the applicable timeframe, the conditionally approved submission will remain a part of the SIP until EPA takes final action approving or disapproving the new submittal. emcdonald on DSK67QTVN1PROD with PROPOSALS IV. Proposed Action EPA is proposing to approve several SIP revisions submitted to EPA by the State of North Carolina, through NC DENR, to address the NOX RACT requirements for the North Carolina portion of the bi-state Charlotte Area. Additionally, EPA is proposing to approve in part, and conditionally approve in part several SIP revisions to address the VOC RACT requirements and related CTG requirements. Specifically, North Carolina submitted SIP revisions on October 14, 2004, April 6, 2007, June 15, 2007, January 31, 2008, November 19, 2008, September 18, 2009, February 3, 2010, April 6, 2010, and November 9, 2010, to address NOX RACT, VOC RACT and CTG requirements. Together, these SIP revisions establish the RACT requirements for the major sources located in the North Carolina portion of the bi-state Charlotte Area. In a separate rulemaking, EPA has already taken action on RACT and CTG requirements for the South Carolina portion of the bistate Charlotte Area. EPA has evaluated the proposed revisions to North Carolina’s SIP, and has made the preliminary determination that they are consistent with statutory and regulatory requirements and EPA guidance except for the applicability for some CTG VOC sources. Consistent with section 110(k)(4) of the Act, EPA is relying upon a commitment by North Carolina to include appropriate applicability thresholds for VOC RACT for the all sources addressed by CTG in the Area as a basis for conditionally approving North Carolina’s SIP revisions as they relate to VOC RACT. V. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, VerDate Mar<15>2010 14:48 Mar 12, 2013 Jkt 229001 provided that they meet the criteria of the CAA. Accordingly, this 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 proposal action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • 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 • 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). In addition, this proposed rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the determination does not have substantial direct effects on an Indian Tribe. There are no Indian Tribes located within the North Carolina portion of the bi-state Charlotte nonattainment area. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 15913 Dated: March 5, 2013. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. 2013–05838 Filed 3–12–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [EPA–HQ–TRI–2012–0111; FRL–9785–9] RIN 2025–AA35 Addition of ortho-Nitrotoluene; Community Right-to-Know Toxic Chemical Release Reporting Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to add ortho-nitrotoluene (o-nitrotoluene) to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and section 6607 of the Pollution Prevention Act (PPA) of 1990. o-Nitrotoluene has been classified by the National Toxicology Program in their 12th Report on Carcinogens as ‘‘reasonably anticipated to be a human carcinogen.’’ EPA believes that o-nitrotoluene meets the EPCRA section 313(d)(2)(B) criteria because it can reasonably be anticipated to cause cancer in humans. Based on a review of the available production and use information, o-nitrotoluene is expected to be manufactured, processed, or otherwise used in quantities that would exceed the EPCRA section 313 reporting thresholds. DATES: Comments must be received on or before May 13, 2013. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– TRI–2012–0111, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: oei.docket@epa.gov • Mail: Office of Environmental Information (OEI) Docket, Environmental Protection Agency, Mail Code: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–TRI–2012– SUMMARY: E:\FR\FM\13MRP1.SGM 13MRP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Proposed Rules]
[Pages 15895-15913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05838]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0140; FRL-9789-6]

Approval and Promulgation of Air Quality Implementation Plans:
North Carolina; Control Techniques Guidelines and Reasonably Available
Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve several State Implementation Plan
(SIP) revisions submitted to EPA by the State of North Carolina,
through the North Carolina Department of Environment and Natural
Resources (NC DENR), to address the nitrogen oxides (NOx) reasonably
available control technology (RACT) requirements for the North Carolina
portion of the Charlotte-Gastonia-Rock Hill, North Carolina-South
Carolina 1997 8-hour ozone nonattainment area (hereafter referred to as
the ``bi-state Charlotte Area''). The bi-state Charlotte Area for the
1997 8-hour ozone national ambient air quality standards (NAAQS)
includes six full counties and one partial county in North Carolina;
and one partial county in South Carolina. Additionally, EPA is
proposing to approve in part, and conditionally approve in part,
several SIP revisions to address the volatile organic compounds (VOC)
RACT requirements which include related control technology guidelines
(CTG) requirements. Together, these SIP revisions establish the RACT
requirements for sources located in the North Carolina portion of the
bi-state Charlotte Area. In a separate rulemaking, EPA has already
taken action on RACT and CTG requirements for the South Carolina
portion of the bi-state Charlotte Area. EPA has evaluated the proposed
revisions to North Carolina's SIP, and has made the preliminary
determination that they are consistent, with the exception of
applicability for some CTG VOC sources, with statutory and regulatory
requirements and EPA guidance.

DATES: Comments must be received on or before April 12, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0140 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.

[[Page 15896]]

3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2009-0140'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2009-0140.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management 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 to 4:30, excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. Ms. Spann may be reached by
phone at (404) 562-9029, or via electronic mail at spann.jane@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
A. Statutory Requirements
B. Requirements for RACT Analysis for Major Sources
C. Regulatory Schedule for Implementing CTG
II. Analysis of the North Carolina's Submittals
A. Summary of North Carolina's SIP Submittals
B. RACT Analysis for Major Sources for NOX
C. EPA's Analyses of Individual Rule Amendments and Adoptions
III. Affect of this Proposed Action
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

On April 30, 2004, EPA designated the bi-state Charlotte Area as a
moderate nonattainment area with respect to the 1997 8-hour ozone
NAAQS.\1\ See 69 FR 23858. The bi-state Charlotte Area includes six
full counties and one partial county in North Carolina; and one partial
county in South Carolina. The North Carolina portion of the bi-state
Charlotte Area consists of Cabarrus, Gaston, Lincoln, Mecklenburg,
Rowan, Union and a portion of Iredell County which includes Davidson
and Coddle Creek Townships.\2\ The South Carolina portion of the bi-
state Charlotte Area consists of the portion of York County, South
Carolina that falls within the Rock Hill-Fort Mill Area Transportation
Study Metropolitan Planning Organization Area. As a result of this
designation, North Carolina and South Carolina were required to amend
their SIPs for their respective portions of the bi-state Charlotte Area
to satisfy the requirements of section 182 of the Clean Air Act (CAA or
Act). Today's action specifically addresses the North Carolina portion
of the bi-state Charlotte Area. EPA approved the RACT requirements for
the South Carolina portion of the bi-state Charlotte Area on November
28, 2011. See 76 FR 72844.
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\1\ Portions of the bi-state Charlotte Area were previously
designated as a moderate nonattainment area for the 1-hour ozone
NAAQS. The Area was subsequently redesignated to attainment for the
1-hour ozone NAAQS, and a maintenance plan was approved into the
North Carolina SIP. The original Charlotte-Gastonia, North Carolina
1-hour moderate ozone nonattainment area consisted of Mecklenburg
and Gaston counties in North Carolina.
\2\ Effective July 20, 2012, EPA designated one full county and
six partial counties in the bi-state Charlotte area as a marginal
nonattainment area for the 2008 8-hour ozone NAAQS. Today's proposed
actions regarding RACT are not related to requirements for the 2008
8-hour ozone NAAQS.
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A. Statutory Requirements

Section 182(b)(2) of the CAA requires states to adopt RACT rules
for all areas designated nonattainment for ozone and classified as
moderate or above. The three parts of the section 182(b)(2) RACT
requirements are: (1) RACT for sources covered by an existing CTG
(i.e., a CTG issued prior to enactment of the 1990 amendments to the
CAA); (2) RACT for sources covered by a post-enactment CTG; and (3) all
major sources not covered by a CTG (i.e., non-CTG sources). Pursuant to
40 CFR 51.165, a major source for a moderate ozone area is a source
that emits 100 tons per year (tpy) or more of VOC or NOX.
See Section I. B. below for further information regarding major
sources.
A CTG document is guidance issued by EPA which, as a result of CAA
section 182(b)(2), triggers a responsibility for states to submit, as
part of their SIPs, RACT rules for stationary sources of VOC that are
covered by the CTG. EPA defines RACT as ``the lowest emission limit
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility.'' See 44 FR 53761, 53762
(September 17, 1979). Each CTG category includes a ``presumptive norm''
or ``presumptive

[[Page 15897]]

RACT'' that EPA believes satisfies the definition of RACT.
If a state submits a RACT rule that is consistent with presumptive
RACT, the state does not need to submit additional support to
demonstrate that the rule meets the CAA's RACT requirement. However, if
the state decides to submit an alternative emission limit or level of
control for a source or source category for which there is a
presumptive RACT, the state must submit independent documentation as to
why the rule meets the statutory RACT requirement.
As mentioned above section 182(b)(2) of the CAA addresses moderate
and above areas for the 1-hour ozone NAAQS. Further clarification of
the RACT requirements for areas classified as moderate or above for the
1997 8-hour ozone NAAQS is provided in EPA's regulations.\3\ See 40 CFR
51.912.
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\3\ On July 18, 1997, EPA promulgated a revised 8-hour ozone
NAAQS of 0.08 parts per million--also referred to as the 1997 8-hour
ozone NAAQS. On April 30, 2004, EPA designated areas as
unclassifiable/attainment, nonattainment and unclassifiable for the
1997 8-hour ozone NAAQS. In addition, on April 30, 2004, as part of
the framework to implement the 1997 8-hour ozone NAAQS, EPA
promulgated an implementation rule in two phases (Phase I and II).
The Phase I Rule (effective on June 15, 2004), provided the
implementation requirements for designated areas under subpart 1 and
subpart 2 of the CAA. See 69 FR 23951. EPA's Phase II Rule,
finalized on November 29, 2005, addressed control and planning
requirements as they applied to areas designated nonattainment for
the 1997 8-hour ozone NAAQS such as RACT, reasonably available
control measures (RACM), reasonable further progress, modeling and
attainment demonstrations, new source review, and the impact to
reformulated gas for the 1997 8-hour ozone NAAQS transition. See 70
FR 71612.
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The CTG established by EPA are guidance to the states and only
provide recommendations. A state can develop its own strategy for what
constitutes RACT for the various CTG categories, and EPA will review
that strategy in the context of the SIP process and determine whether
it meets the RACT requirements of the CAA and its implementing
regulations. If no major sources of VOC or NOX emissions
(each pollutant should be considered separately) in a particular source
category exist in an applicable nonattainment area, a state may submit
a negative declaration for that category.
In addition, section 183(e) of the CAA directs EPA to: (1) List for
regulation those categories of products that account for at least 80
percent of the VOC emissions, on a reactivity-adjusted basis, from
consumer and commercial products in ozone nonattainment areas; and (2)
divide the list of categories to be regulated into four groups. EPA
published the initial list, following the 1990 CAA Amendments, in the
Federal Register on March 23, 1995 (60 FR 15264), and has revised the
list several times. See 71 FR 28320 (May 16, 2006), 70 FR 69759
(November 17, 2005), 64 FR 13422 (March 18, 1999), 63 FR 48792
(September 11, 1998). As authorized by CAA section 183(e)(3)(C), EPA
chose to issue CTG in lieu of regulations for each listed product
category. See 73 FR 58481 (October 7, 2008) (Group IV CTG); 72 FR 57215
(October 9, 2007) (Group III CTG); and 71 FR 58745 (October 5, 2006)
(Group II CTG).

B. Requirements for RACT Analysis for Major Sources

Section 172(c)(1) of the CAA requires SIPs to provide for the
implementation of all RACM as expeditiously as practicable. A subset of
RACM is RACT, which relates specifically to stationary point sources.
Section 182(b)(2) of the CAA requires RACT rules be adopted for all
point sources of VOC and NOX with potential to emit at least
100 tpy or greater.\4\\5\
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\4\ The potential to emit threshold is based on an area's
nonattainment designation classification. Section 182 of the CAA and
40 CFR 51.912(b) define ``major source'' for ozone nonattainment
areas to include sources which emit or which have the potential to
emit 100 tpy or more of VOC or NOX (ozone precursors) in
areas classified as ``marginal'' or ``moderate,'' 50 tpy or more of
these ozone precursors in areas classified as ``serious,'' 25 tpy or
more of these ozone precursors in areas classified as ``severe,''
and 10 tpy or more of these ozone precursors in areas classified as
``extreme.'' The bi-state Charlotte Area is a moderate nonattainment
area.
\5\ Section 182(b)(2) also requires that all CTG source category
sources, including those with less than 100 tpy emissions meet RACT.
CTG sources are addressed later in this document.
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C. Regulatory Schedule for Implementing CTG

CTG categories that were established in 1978 ultimately were
required to be adopted by the states by 1990 (see schedule below for
details). CAA section 182(b)(2) provides that a CTG issued after 1990
must specify the date by which a state must submit a SIP revision in
response to the CTG. States were required to have the pre-1990 CAA CTG
categories and post-1990 CAA CTG categories for applicable areas
addressed in their SIPs according to the following schedule:

------------------------------------------------------------------------
Group Federal Register published SIP Due
------------------------------------------------------------------------
I.............. Pre-1990 CAA Amendment CTG. Pre-CAA Amendment CTG.
As of January 1978 the The first 25 CTG
first 15 CTG categories categories were due to be
were established. Ten adopted by the states by
additional CTG categories 1980. EPA initially
were issued in 1978 (1 of approved most of these
those (vegetable oil) was rules into the state
rescinded). SIPs. Subsequently, EPA
reviewed these state
rules to see if they were
technically adequate and
if they met national
standards for national
consistency. Based on
this review, EPA issued
the RACT fix-ups in 1987
(See general preamble (57
FR 13498, April 16,
1992)). In 1988, EPA
published a technical
document to address
technical inadequacies
found in these state
adopted rules and to
address minimum standards
of national consistency.
States were required to
adopt revised rules by
1990. Congress
established CTG statutory
requirements in the 1990
CAA Amendments.
Outstanding CTG
requirements were due in
1992 (CAA Section
182(b)(2)(C)).
Post 1990-CAA Amendment CTG September 15, 2006 (40 CFR
The group of CTG 51.912, RACT SIPs due for
established in 60 FR the 1997 8-hour ozone
15264, March 23, 1995, NAAQS).
were broken into subsets
called ``Group I, II, III
and IV'' (some of these
CTG are updates of
previously established
CTG)).
II............. 71 FR 58745, October 5, October 5, 2007.
2006.
III............ 72 FR 57215, October 9, October 9, 2008.
2007.
IV............. 73 FR 58481, October 7, October 7, 2009.
2008.
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[[Page 15898]]

II. Analysis of the North Carolina's Submittals

NC DENR submitted final SIP revisions on October 14, 2004, April 6,
2007, June 15, 2007, January 31, 2008, November 19, 2008, September 18,
2009, February 3, 2010, April 6, 2010, and November 9, 2010, to EPA for
review and approval into the North Carolina SIP. North Carolina's SIP
revisions include changes made by North Carolina to its Air Quality
Rules, found at Chapter15A NCAC 02D, and include changes to NC DENR's
NOX and VOC rules, including its NOX and VOC RACT
requirements. A brief description of each North Carolina SIP revision
submitted to meet NOX and VOC RACT requirements is provided
in Section II. A. of this rulemaking. Section II. B. of this rulemaking
provides EPA's analysis of how major sources for NOX in the
Area meet RACT requirements. Section II. C. of this rulemaking provides
EPA's analysis for the individual rules being changed by North Carolina
to meet NOX and VOC RACT requirements.
Today, EPA is proposing to approve the portions of five of the
aforementioned SIP revisions as they relate to RACT requirements for
the North Carolina portion of the bi-state Charlotte Area (hereafter
referred to as ``the Area'').\6\ In addition to the SIP revisions, or
portions of SIP revisions for which EPA is proposing approval, NC DENR
submitted a letter on August 30, 2012, requesting that EPA
conditionally approve portions of previously-submitted SIP revisions as
they relate to VOC RACT and CTG requirements.^{7 8}
Specifically, NC DENR committed to include appropriate applicability
thresholds for VOC RACT for all sources addressed by CTG in the Area. A
copy of NC DENR's letter is provided in the docket for today's
rulemaking. Consequently, EPA is proposing to conditionally approve
portions of five of the aforementioned SIP revisions as they relate to
VOC RACT and CTG requirements for the Area. Comprehensively, these SIP
revisions address NOX RACT, VOC RACT and CTG requirements
for the Area.\9\
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\6\ SIP revisions submitted on April 6, 2007, June 15, 2007,
January 31, 2008, November 19, 2008, February 3, 2010, and April 6,
2010,
\7\ SIP revisions submitted on October 14, 2004, April 6, 2007,
January 31, 2008, September 18, 2009, and November 9, 2010.
\8\ Additional information regarding the conditional approval is
found in Section III of this action.
\9\ South Carolina met the RACT requirements for the South
Carolina portion of the bi-state Charlotte Area.
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A. Summary of North Carolina's SIP Submittals

a. October 14, 2004, SIP Submittal
On October 14, 2004, North Carolina submitted a SIP revision
amending several rules. The VOC applicability Rule 15A NCAC 2D .0902,
was amended to: (1) Specify what sources Rule .0902 does not apply to;
(2) change the rule to address attainment for the 1-hour ozone NAAQS
and nonattainment for the 8-hour ozone NAAQS; and (3) exclude emissions
from startup or shutdown operations. Today, EPA is proposing to
conditionally approve all changes to Rule 15A NCAC 2D .0902, with the
exception of North Carolina's amendment to exclude emissions from
startup or shutdown operations (15A NCAC 2D .0902 (b)(3)).\10\
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\10\ In this action, EPA is not proposing to approve or
disapprove any existing state provisions with regard to excess
emissions during start up, shut down and malfunction (SSM) of
operations at a facility. EPA believes that a number of states have
SSM provisions which are contrary to the CAA and existing EPA
guidance, ``State Implementation Plans: Policy Regarding Excess
Emissions During Malfunctions, Startup, and Shutdown'' (September
20, 1999), and the Agency plans to address such state regulations in
the future. In the meantime, EPA encourages any state having
deficient SSM provisions to take steps to correct them as soon as
possible.
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Additionally, in the October 14, 2004, SIP revision, the rule which
applies to petroleum liquid storage in external floating roof tanks,
Rule 15A NCAC 2D .0933, was amended to clarify the seal requirements
for external floating roof tanks. Today, EPA is proposing to approve
all changes to Rule 15A NCAC 2D .0933 as provided in North Carolina's
October 14, 2004, SIP revision.
The October 14, 2004, SIP revision, also amends NOX
Rules 15A NCAC 2D .1404, 1409, .1416 through .1419 and .1422. Rule
.1404, .1409, 1418 and .1422 were amended to clarify monitoring
requirements, stationary internal combustion engine requirements,
offsets for new electric generating units, large boilers and large
internal combustion engines, and clarifying the use of compliance
supplement pool credits, respectively. NC DENR requested approval of
revisions to Rules .1416, .1417, and .1419 regarding emission
allocations for utility companies and large combustion sources, and
regarding nitrogen oxide budget trading program but subsequently
repealed these rules and submitted them for approval on November 19,
2008. The November 19, 2008, request for approval of the repeals
replaces the October 14, 2004, request for rule revision approval.
Today, EPA is proposing to approve all changes to Rules .1404, .1409,
.1418 and .1422 provided in North Carolina's October 14, 2004, SIP
revision. The changes to Rules .1416, .1417 and .1419 are replaced by
the November 19, 2008, submittal.
EPA is not taking action on any of the remaining rule changes in
the October 14, 2004, SIP revision.\11\ These remaining rule changes
will be addressed in a separate action.
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\11\ The remaining rule changes that EPA is not acting on in
this action include 15A NCAC 2D .0101, .0521, 15A NCAC 2Q .0806,
.0809, 15A NCAC 2D .1901 through .1904 and .1906. These rules
address Air Pollution Control Definitions, Emission Control
Standards, Permitting Requirements and Open Burning and are not
required to meet RACT for the 1997 8-hour ozone standard.
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b. Summary of the April 6, 2007, SIP Submittal
On April 6, 2007, North Carolina submitted a SIP revision to
address RACT and meet the EPA requirements for a full SIP revision for
the bi-state Charlotte Area ozone nonattainment area to address the
1997 8-hour ozone NAAQS. Specifically, the VOC applicability rule, 15A
NCAC 02D .0902, and NOX applicability rule 15A NCAC 02D
.1402, were amended to require facilities with the potential to emit
100 tpy or more of VOC or NOX to comply with RACT
requirements for VOC or NOX in the bi-state Charlotte
nonattainment area for the 1997 8-hour ozone NAAQS. The VOC Compliance
Schedule Rule 15A NCAC 02D .0909, and the NOX Compliance
Schedule Rule 15A NCAC 02D .1403, added compliance schedules for the
facilities to comply with RACT requirements. Today, EPA is proposing to
approve all changes to rules 15A NCAC 02D .1402, and .1403, and is
proposing to conditionally approve all changes to rules 15A NCAC 02D
.0902 and .0909, that were included as part of the April 6, 2007, SIP
revision.
c. Summary of the June 15, 2007, SIP Submittals
The June 15, 2007, SIP revisions consisted of the attainment
demonstration, reasonable further progress (RFP) and the RACT
submissions related to the 1997 8-hour ozone NAAQS for the Area. On
December 19, 2008, North Carolina withdrew its attainment demonstration
that the NC DENR submitted on June 15, 2007. However, North Carolina
did not withdraw its submissions for RFP or RACT. See 74 FR 21550 (May
9, 2009). In a previous action, EPA approved North Carolina's RFP SIP
revision. See 77 FR 62159 (October 12, 2012). As a result, today's
action only addresses

[[Page 15899]]

North Carolina's RACT SIP for its portion of the bi-state Charlotte
Area. EPA has made the preliminary determination that North Carolina's
June 15, 2007, SIP revision, in combination with others addressed in
this rulemaking and previous rulemakings,\12\ meets RACT requirements,
and thus EPA is proposing to approve North Carolina's June 15, 2007,
RACT SIP revision.
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\12\ While North Carolina's June 15, 2007, submission references
VOC rules 15A NCAC 2D .0901 through .0960, and NOX rules
15A NCAC 2D .1402 through .1412, and 15A NCAC 2D .1415 through
.1422, the SIP revision did not provide amendments to these rules
for EPA approval. However, in its June 15, 2007, SIP revision North
Carolina is using these previously approved rules as demonstration
that they meet RACT requirements.
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d. Summary of the January 31, 2008, SIP Submittal \13\
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\13\ The January 31, 2008, SIP revision also amended Rule 15A
NCAC 02Q .0207, ``Annual Emissions Reporting.'' In an action taken
on April 24, 2012, (77 FR 24382), EPA approved these revisions to
Rule 15A NCAC 02Q .0207.
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On January 31, 2008, North Carolina submitted a SIP revision to
address certain RACT requirements, and meet the EPA requirements for a
full SIP revision for the bi-state Charlotte Area ozone nonattainment
area to address the 1997 8-hour ozone NAAQS. Specifically, the VOC
Applicability Rule 15A NCAC 02D .0902 was amended to cover facilities
with the potential to emit between 50 and 100 tons of VOC per year in
Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and
Davidson and Coddle Creek Townships in Iredell County. Additionally,
North Carolina's NOX Applicability Rule 15A NCAC 02D .1402,
was amended to describe the actions to be taken at facilities with the
potential to emit between 50 and 100 tons of NOX per year.
At the time that the rules in North Carolina's January 31, 2008,
SIP revision were changed and submitted to EPA, the bi-state Charlotte
Area had not yet attained the 1997 8-hour ozone NAAQS, and there was a
possibility that EPA would have to reclassify the bi-state Charlotte
Area to a serious nonattainment area. North Carolina revised these
rules as a contingency for the bi-state Charlotte Area should this area
be reclassified from a ``moderate'' nonattainment area to a ``serious''
nonattainment for the 1997 8-hour ozone NAAQS.\14\ The bi-state
Charlotte Area subsequently attained the standard, and is currently a
moderate nonattainment area. The VOC Compliance Schedule Rule 15A NCAC
02D .0909, and NOX Compliance Schedule Rule 15A NCAC 02D.
1403 added compliance schedules for the facilities to comply with RACT
requirements should the bi-state Charlotte Area fail to attain and as a
result was reclassified as serious area.
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\14\ As provided for in the CAA, on May 31, 2011, North Carolina
was granted a 1 year extension of the attainment date (See 76 FR
31245), attained the standard prior to the extended attainment date,
was not reclassified to serious and continued to be a moderate area.
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EPA is now proposing to conditionally approve changes to VOC
Applicability Rule 15A NCAC 02D .0902, and VOC Compliance Schedule Rule
15A NCAC 02D .0909. Additionally EPA is proposing to approve the
remaining changes included in North Carolina's January 31, 2008, SIP
revision regarding NOX Applicability Rule 15A NCAC 02D
.1402, and NOX Compliance Schedule Rule 15A NCAC 02D .1403.
e. Summary of the November 19, 2008, SIP Submittal
On November 19, 2008, North Carolina submitted a SIP revision to
address adoption of a new rule section (Section 15A NCAC 02D .2600)
that consolidated North Carolina's protocols with federal air source
testing methods from many rules located throughout North Carolina air
rules. Rule amendments to or repeals of Rules 15A NCAC 02D .0901, .0912
through .0916, .0932, .0939 through .0943, .0945 were also made to
cross-reference or be replaced by the new rule section 15A NCAC 02D
.2600. North Carolina's November 19, 2008, SIP revision also amends
Rule 15A NCAC 02D .1402 to remove reference to repealed NOX
SIP Call Rules and Rules 15A NCAC 02D .1407 through .1412, and .1415
through .1422.\15\
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\15\ These rules are repealed because CAIR replaced the
NOX Budget Trading Program for North Carolina.
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EPA is proposing to approve changes to Rules 15A NCAC 02D .0901,
.0912, .0932, .0943, .0945, .1402, and .1415. EPA is proposing to
approve the repeal of Rules 15A NCAC 02D .0913 through .0916, .0939
through .0942, and .1416 through .1422 as these provisions are no
longer necessary for North Carolina's SIP. EPA is not taking action on
any of the remaining rule changes in the November 19, 2008, SIP
revision.\16\
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\16\ The remaining rule changes that EPA is not acting on in
this action include 15A NCAC 02D .0501, .0529, .0535, .0536, .0542,
.0606, .0608, NCAC 2D .2609, .2610, .2611, .2616, .2617, .2618,
.2619, .2620, NCAC 02D .1110, .1203 through .1206, .1208, .1210, and
15A NCAC 02Q .0508, .0523, .0711, and .0902. These rules address
Emission Control Standards, Monitoring and Recordkeeping, Source
Testing unrelated to Ozone, Toxics, Incinerators, and Permitting,
and are not required to meet RACT for the 1997 8-hour ozone
standard. (While Rules NCAC 2D 1104 and NCAC 2Q .0903 were listed in
the submittal, North Carolina requested they not be approved into
the SIP).
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f. Summary of the September 18, 2009, SIP Submittal \17\
---------------------------------------------------------------------------

\17\ In a letter dated November 30, 2012, North Carolina
withdrew its request for EPA to approve Rule 15A NCAC 02D .0952,
Petitions for Alternative Controls for RACT into the SIP.
---------------------------------------------------------------------------

On September 18, 2009, North Carolina submitted a SIP revision to
address certain RACT requirements. First, the VOC definitions Rule 15A
NCAC 02D .0901 was amended to include the definition of Stage I vapor
control. Second, the VOC Applicability Rule, 15A NCAC 02D .0902, was
amended to remove a subparagraph that refers to Rule 15A NCAC 02D
.0953, ``Vapor Return Piping for Stage II Vapor Recovery,'' as this
provision was repealed by the State. Third, the VOC Compliance Schedule
Rule, 15A NCAC 02D .0909, was amended to remove reference to Stage II
vapor recovery at Rules 15A NCAC 02D .0953, ``Vapor Return Piping for
Stage II Vapor Recovery,'' and 15A NCAC 02D .0954, ``Stage II Vapor
Recovery,'' as these provisions were repealed by the State.\18\ Fourth,
the ``Petition for Alternative Controls for RACT,'' Rule 15A NCAC 02D
.0952, was amended to remove reference to Stage II vapor recovery at
Rules 15A NCAC 02D .0953 and .0954 as these provisions were repealed by
the State.
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\18\ North Carolina also included a repeal of Rule 15A NCAC 02D
.0953, ``Vapor Return Piping for Stage II Vapor Recovery,'' and Rule
.0954, ``Stage II Vapor Recovery'' in its November 18, 2010, SIP
revision. These rules are not required for RACT. EPA will address
North Carolina's November 18, 2010, SIP revision as it pertains to
the repeal of these rules in a separate action.
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EPA is proposing to conditionally approve the changes in the
September 18, 2009, SIP revision related to Rules 15A NCAC 02D .0902
and .0909. Additionally, EPA is proposing to approve the changes to
Rules 15A NCAC 02D .0901 and .0952, as provided in North Carolina's
September 18, 2009, SIP revision. EPA is not taking action on any of
the remaining rule changes in the September 18, 2009, SIP revision.\19\
These remaining rule changes will be addressed in a separate action.
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\19\ The remaining rule changes that EPA is not acting on in
this action include 15A NCAC 2D, .0521, .0614, NCAC 2Q .0102, .0304,
and .0902. These rules address Air Pollution Control, Emission
Control Standards, Monitoring and Recordkeeping and Air Quality
Permit Procedures and are not required to meet RACT for the 1997 8-
hour ozone standard.
---------------------------------------------------------------------------

g. Summary of the February 3, 2010, SIP Submittal
On February 3, 2010, North Carolina submitted a SIP revision to
address a number of different rule amendments

[[Page 15900]]

including a change to the NOx applicability Rule 15A NCAC 02D .1402.
Rule .1402 was amended to: (1) Add language to clarify which parts of
Rule Section .1400 apply to sources covered under Clean Air Interstate
Rules (CAIR), which replaced the NOx Budget Trading Program for North
Carolina; (2) clarify RACT requirements in nonattainment areas; and (3)
correct cross-reference errors.
EPA is proposing to approve North Carolina's changes to Rule .1402,
as provided in the February 3, 2010, SIP revision. This is the only
rule amendment in North Carolina's February 3, 2010, SIP revision being
addressed in today's action. The remaining rule changes will be
addressed in a separate action.\20\
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\20\ The remaining rule changes that EPA is not acting on in
this action include 15A NCAC 02D, .0405, .0408 .0409, and .0410.
These rules address Ambient Air Quality Standards and are not
required to meet RACT for the 1997 8-hour ozone standard.
---------------------------------------------------------------------------

h. Summary of the April 6, 2010, SIP Submittal
On April 6, 2010, North Carolina submitted a SIP revision to
address RACT, specifically to make a negative declaration for the
following four CTG categories: (1) Control of Volatile Organic Compound
Leaks from Petroleum refinery Equipment (EPA-450/2-78-036, 1978/06);
(2) Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit turnarounds (EPA-450/2-77-026, 1977/10);
(3) Control of Volatile Organic Compound Equipment Leaks from Natural
Gas/Gasoline Processing Plants (EPA-450/3-83-007, 1983/12); and (4)
Control Techniques Guidelines, for Shipbuilding and Ship Repair
Operations (Surface Coating) (61 FR-44050 8/27/96, 1996/08).
As part of its analysis to support the negative declarations for
aforementioned CTG source categories, NC DENR reviewed its permits
files and emissions inventory information. After this review, NC DENR
determined that there are no stationary sources or emitting facilities
located in its portion of the bi-state Charlotte Area that are subject
to aforementioned CTG source categories. EPA is now proposing to
approve the negative declarations as provided in North Carolina's April
6, 2010, SIP revision.
i. Summary of the November 9, 2010, SIP Submittal \21\
---------------------------------------------------------------------------

\21\ In a letter dated November 30, 2012, North Carolina
withdrew its request for EPA to approve Rule 15A NCAC 02D .0952,
``Petitions for Alternative Controls for RACT'' into the SIP.
---------------------------------------------------------------------------

On November 9, 2010, North Carolina submitted a SIP revision
amending, adopting, and repealing various RACT rules. First, Rule 15A
NCAC 02D .0902, VOC Applicability was amended to extend the work
practice standards in Rule 15A NCAC 02D .0958 to all sources of VOC in
the State, and to clarify that all areas that become subject to the VOC
RACT rules shall continue to comply with those rules after the Area is
redesignated to attainment. Second, Rule 15A NCAC 02Q .0306, ``Permits
Requiring Public Participation;'' Rule 15A NCAC 02D .0909, ``Compliance
Schedules for Sources in Nonattainment Areas;'' Rule 15A NCAC 02D
.0951, ``Metal Furniture Coatings Rule;'' and 15A NCAC 02D .0952
``Petition for Alternative controls for RACT'' were amended to change
cross-references.
Third, Rule 15A NCAC 02D .0922, ``Metal Furniture Coatings'' was
amended to control VOC emissions from metal furniture coatings by
establishing three alternatives. Fourth, Rule 15A NCAC 02D .0923,
``Surface Coating of Large Appliance Parts'' was amended to control VOC
emissions from large appliance coatings by establishing three
alternatives. Fifth, Rule 15A NCAC 02D .0935, ``Factory Surface Coating
of Flat Wood Paneling'' was amended to establish new emission limits
for inks, coatings and adhesives used by the flat wood paneling coating
facilities.
Sixth, Rule 15A NCAC 02D .0961, ``Offset Lithographic Printing and
Letterpress Printing'' was adopted to control VOC emissions from
heatset inks, fountain solution and cleaning materials used in offset
lithographic printing operations, as well as VOC emissions from heatset
inks used in letterpress printing operations at the level sufficient
for RACT requirements. Seventh, Rule 15A NCAC 02D .0962, ``Industrial
Cleaning Solvents'' was adopted to define measures for controlling
emissions of VOC from the use, storage, and disposal of industrial
cleaning solvents. Eighth, Rule 15A NCAC 02D .0963, ``Fiberglass Boat
Manufacturing'' was adopted to control VOC emissions from open molding
resin and gel coat operations (pigmented gel coat, clear gel coat,
production resin, tooling gel coat, and tooling resin); resin and gel
coat mixing operations; and resin and gel coat application equipment
cleaning operations at the level sufficient for RACT requirements.
Ninth, Rule 15A NCAC 02D .0964, ``Miscellaneous Industrial Adhesives''
was adopted to control VOC emissions from miscellaneous industrial
adhesives; it establishes VOC emission limits based on application
processes (general adhesive application processes, specialty adhesive
application processes and adhesive primer application processes.)
Tenth, Rule 15A NCAC 02D .0965, ``Flexible Package Printing'' was
adopted to provide equivalent VOC content limits, which can be met by
use of low VOC content materials or combinations of materials and
controls. Eleventh, Rule 15A NCAC 02D .0966, ``Paper, Film and Foil
Coatings'' was adopted to establish an overall VOC control efficiency
of 90 percent for each coating line along with emission limits that are
equivalent to 90 percent overall control. Twelfth, Rule 15A NCAC 02D
.0967, ``Miscellaneous Metal and Plastic Parts Coatings'' was adopted
to control VOC emissions from miscellaneous metal and plastic part
surface coatings. Finally, Rule 15A NCAC 02D .0968, ``Automobile and
Light-Duty Truck Assembly Coatings'' was adopted to establish VOC
emission limits based on application processes (general adhesive
application processes, specialty adhesive application processes, and
adhesive primer application processes).
Additionally, in the November 9, 2010, SIP revision, North Carolina
repealed Rules 15A NCAC 02D .0917, ``Automobile and Light-duty Truck
Manufacturing;'' 15A NCAC 02D .0920 ``Paper Coating;'' 15A NCAC 02D
.0921, ``Fabric and Vinyl Coating;'' 15A NCAC 02D .0934, ``Coating of
Miscellaneous Metal Parts and Products;'' and 15A NCAC 02D .0936,
``Graphic Art'' because North Carolina adopted new rules to address all
of these categories.
EPA is proposing to conditionally approve the changes to Rules 15A
NCAC 02D .0902, .0909, .0951, .0961 and .0962. Also, EPA is proposing
to approve the changes to Rules 15A NCAC 02D .0922, .0923, .0935,
.0952, .0963 through .0968, and 15A NCAC 02Q .0306. Further EPA is
proposing to approve the repeal of Rules 15A NCAC 02D .0917,
``Automobile and Light-duty Truck Manufacturing;'' 15A NCAC 02D .0920,
``Paper Coating;'' 15A NCAC 02D .0921, ``Fabric and Vinyl Coating;''
15A NCAC 02D .0934, ``Coating of Miscellaneous Metal Parts and
Products;'' and 15A NCAC 02D .0936, ``Graphic Art.'' The remaining rule
changes in the November 9, 2010, SIP revision will be addressed in a
separate action.\22\
---------------------------------------------------------------------------

\22\ The remaining rule changes that EPA is not acting on in
this action include NCAC 2Q, .0306. This rule addresses permit
requirements and is not required to meet RACT for the 1997 8-hour
ozone standard.
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B. RACT Analysis for Major Sources for NOx

In the mid 1990s, North Carolina's Division of Air Quality
completed a

[[Page 15901]]

technical analysis and determined that the entire state is NOx limited
\23\ and that the control program for reducing ozone should therefore
be focused on NOx emission reductions. Consistent with this finding,
North Carolina pursued a number of regulatory efforts to reduce NOx
statewide, several of which were directed at Electricity Generating
Unit (EGU) emissions. Specifically, NC DENR adopted measures to comply
with the NOx SIP Call rule and the General Assembly passed the Clean
Smokestacks Act (CSA). In addition NC DENR adopted rules to implement
CAIR. These programs, which are described further below, substantially
lowered NOx emissions in the bi-state Charlotte Area.
---------------------------------------------------------------------------

\23\ NOx and VOC are precursors to ozone. NOx limited is a term
that describes an area in which naturally occurring VOCs are so high
that a reduction of manmade VOC does not measurably reduce ozone.
Therefore, a focus is placed on NOx reductions instead of a
combination of NOx and VOC reduction.
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In October 1998, EPA made a finding of significant contribution of
NOx emissions from certain states and published a rule that set ozone
season NOx budgets for the purpose of reducing regional transport of
ozone (63 FR 57356). This rule, referred to as the NOx SIP Call rule,
called for, among other things, ozone season controls to be put on
utility and industrial boilers, as well as internal combustion engines
in 22 states in the Eastern United States. As noted above, in October
2000, the North Carolina Environmental Management Commission adopted
similar rules requiring these reductions. When the North Carolina's NOx
SIP Call rule \24\ was adopted NC DENR concluded that the NOx SIP Call
would reduce summertime NOx emissions from power plants and other
industries by 68 percent by 2006. As part of the rulemaking and
consistent with EPA guidance, the North Carolina Environmental
Management Commission established a NOx trading program, allowing
sources to buy credits to meet their NOx budget as opposed to actually
installing controls. The emission budgets were to be met by the
beginning of 2004.
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\24\ This was federally approved into the SIP. See 67 FR 78987,
December 27, 2002.
---------------------------------------------------------------------------

As mentioned above, in June 2002, the North Carolina General
Assembly enacted the CSA.\25\ CSA reduces NOx emissions beyond the
requirements of the NOx SIP Call rule and required coal-fired power
plants to reduce annual NOx emissions by 78 percent by 2009.
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\25\ This was federally-approved into the SIP on September 26,
2011. See 76 FR 59250.
---------------------------------------------------------------------------

In response to the EPA's CAIR, the NC DENR developed a state
version of CAIR. Under EPA's rule, North Carolina is distributed a
statewide budget for NOX. These NOX allowances,
in turn, have been allocated to the affected facilities in North
Carolina by the NC DENR. For the most part, the rules incorporate EPA's
model rule. NC DENR adopted North Carolina's CAIR on March 9, 2006, and
the rule became effective July 1, 2006.
On November 29, 2005 (70 FR 71612), EPA published an ozone
implementation rule to address nonattainment SIP requirements for the
1997 8-hour ozone NAAQS (the ``Phase 2 Ozone Implementation Rule'').
The Phase 2 Ozone Implementation Rule addressed various statutory
requirements, including the requirement for RACT level controls for
sources located within nonattainment areas generally, and controls for
NOX emissions from EGUs in particular. Through the Phase 2
Ozone Implementation Rule, EPA also provided its determination that the
regional NOX emissions reductions that result from either
the NOX SIP Call or CAIR would meet the NOX RACT
requirement for EGUs located in states included within the respective
NOX SIP Call or the CAIR geographic regions. Thus, EPA
concluded that: ``[t]he State need not perform a NOX RACT
analysis for sources subject to the State's emission cap-and-trade
program where the cap-and-trade program has been adopted by the State
and approved by EPA as meeting the NOX SIP Call requirements
or, in States achieving the CAIR reductions solely from electric
generating units (EGUs), the CAIR NOX requirements.''\26\
Based on the then existing EPA guidance, NC DENR concluded that the
NOX SIP Call rule, the CSA, and CAIR, in aggregate,
sufficiently addressed the implementation of RACT for point sources.
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\26\ See Phase 2 Ozone Implementation Rule, 70 FR 71617.
---------------------------------------------------------------------------

In November 2008, several parties challenged EPA's Phase 2 Ozone
Implementation Rule. In particular, they challenged EPA's determination
that compliance with the NOX SIP Call and/or CAIR could
satisfy NOX RACT requirements for EGUs in nonattainment
areas and EPA's determination that compliance with CAIR could satisfy
NOX RACT for EGUs in ozone nonattainment areas. As a result
of this litigation, the court decided that the provisions in the Phase
2 Ozone Implementation Rule providing that a state need not perform (or
submit) a NOX RACT analysis for EGU sources subject to a
cap-and-trade program that meets the requirements of the NOX
SIP Call were inconsistent with the statutory requirements of section
172(c)(1).\27\ The court specifically held that the Phase 2 Ozone
Implementation Rule allowing use of the NOX SIP call to
constitute RACT without any locally applicable analysis regarding the
equivalence of NOX SIP Call and RACT reductions: ``Is
inconsistent with the Clean Air Act * * * in allowing participation in
a regional cap-and-trade program to satisfy an area-specific statutory
mandate.'' The court emphasized that: ``The RACT requirement calls for
reductions in emissions from sources in the area * * * [and that]
reductions from sources outside the nonattainment area do not satisfy
the requirement * * * [a]ccordingly, participation in the
NOX SIP call would constitute RACT only if participation
entailed at least RACT-level reductions in emissions from sources
within the nonattainment area.'' In view of its decision in North
Carolina v. EPA, in which the Court had previously remanded CAIR, the
court deferred consideration of the litigant's challenge to the Phase 2
Ozone Implementation Rule insofar as they related to the CAIR program.
In light of the above, as well as a 2007 petition for reconsideration
that EPA granted on this issue as it pertains to CAIR,\28\ EPA is
proposing in this action to not approve the presumption or
determination that CAIR or the NOX SIP Call constitutes RACT
for EGU sources in the Area. However, after evaluating controls at
individual point sources, EPA has determined that the point sources in
the area have implemented RACT. This analysis is included below.
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\27\ See NRDC v. EPA, 571 F.3d 1245 (DC Cir. 2009).
\28\ See Earthjustice Petition for Reconsideration of the Clean
Air Fine Particle Rule, June 25, 2007. See also April 25, 2011,
letter from EPA Administrator Lisa P. Jackson to Paul Cort,
Earthjustice, responding to the June 25, 2007, petition for
reconsideration.
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NC DENR identified six facilities in the North Carolina portion of
the bi-state Charlotte Area that are or were major sources of
NOX. Table 1 summarizes their emissions in 2003 and in 2011.
NOX controls installed on these facilities have resulted in
an average of 69 percent reduction across the bi-state Charlotte Area.

[[Page 15902]]

Table 1--NOX Point Sources in the Bi-State Charlotte Area
----------------------------------------------------------------------------------------------------------------
2003 Annual 2011 Annual
EGU NOX (tons) NOX (tons) NOX Control
----------------------------------------------------------------------------------------------------------------
Duke Energy Buck Steam Station............. 3,104 646 Three boilers with separated
overfire air (SOFA) and two
boilers with SOFA and selective
non-catalytic reduction (SNCR) NOX
control systems.
Shut down Scheduled by 2015. Useful
life would preclude installing any
additional controls.
Rowan County Power......................... 67 127 Gas unit limits are 0.045 lb/
million British thermal units
(MMBtu) and 0.01 lb/MMBtu. Oil
unit limits are 0.176 lb/MMBtu for
units 1-3 and 0.054 lb/MMBtu for
units 5 and 6. The facility
predominately uses gas but has
some oil start up. Meets Best
Available Control Technology
(BACT). (Title V Permit 08758T11).
Duke Energy Lincoln........................ 68 87 Water injection, Meets New Source
Performance Standards (NSPS)
Subpart GG, Meets BACT (Title V
Permit 07171T09).
Duke Energy Riverbend...................... 5,508 1,106 SOFA and SNCR
Shut down Scheduled by 2015. Useful
life would preclude installing any
additional controls
Duke Energy G.G. Allen Plant............... 10,992 4,401 SNCR on Units 2&4;
Lowered Fire Incremental Respacing
(LOFIR) low NOX burner System,
with Closed-coupled/Separated OFA
on units 1,3, & 5. Meets RACT.
Kannapolis Energy Partners................. 946 0 No longer in operation
��������������������������������������������
Total.................................. 20,685 6,367 ...................................
----------------------------------------------------------------------------------------------------------------

Three of the facilities, Duke Energy Buck Steam Station, and Duke
Energy Riverbend and Kannapolis Energy Partners have shut down or plan
to shut down by 2015. Kannapolis Energy Partners is no longer in
operation. Duke Buck and Riverbend are shutting down these units
pursuant to conditions in state issued prevention of significant
deterioration permits and in order to comply with the provisions of
North Carolina's CSA. Because of the time necessary to install
additional controls and the limited remaining useful life between now
and 2015 for the two operating facilities (Duke Energy Buck Steam
Station, and Duke Energy Riverbend), a cost effectiveness analysis
based on one or two years of operation would preclude any additional
controls from being considered RACT.
Two of the facilities, Rowan County Power and Duke Energy Lincoln,
have been through a BACT analysis and the controls adopted for BACT are
consistent with or more stringent than those that would be required for
RACT. Duke's G.G. Allen Plant has installed SNCR on two units and a
two-tiered LOFIR combustion controls on the remaining three units to
achieve NOx emissions reductions beyond those normally
achieved from Low NOX burners at Duke's G.G. Allen Plant.
In aggregate, after the planned shutdowns occur, the bi-state
Charlotte Area will have reduced NOX emissions by 77 percent
from 2003 NOX emission levels. Because each of the units has
installed NOX controls to meet BACT requirements, or to
comply with existing source NOX requirements such as CAIR,
the NOX SIP call rule or CSA requirements or is scheduled to
be shutdown, EPA has concluded that the reductions in place at these
facilities in the bi-state Charlotte Area have resulted, in aggregate,
in at least RACT-level reductions in the bi-state Charlotte Area. Thus,
EPA is now taking action to approve North Carolina's rule revisions as
meeting NOX RACT requirements for the bi-state Charlotte
Area.\29\
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\29\ These rule revisions are included as portions of the
following submittals: April 6, 2007, June 15, 2007, January 31,
2008, November 19, 2008 and February 3, 2010.
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C. EPA's Analyses of Individual Rule Amendments and Adoptions

This section will provide a rule by rule analysis of the rules
submitted in the SIP revisions. North Carolina's rule 15A NCAC 02D
.0900 addresses VOC; Rule 15A NCAC 02D .1400 addresses NOX;
and Rule 15A NCAC 02D .2600 addresses Source Testing. Below summarizes
the specifics of each rule and EPA's analyses for these rule changes.
a. CTG Rules
1. Rule 15A NCAC 02D .0915, ``Determination of Solvent Metal Cleaning
VOC Emissions''
On October 5, 2006 (71 FR 58745), as part of the Group II CTG, EPA
updated the portion of the 1977 Solvent Metal Cleaning CTG regarding
the control of VOC emissions from the use of industrial cleaning
solvents. North Carolina originally adopted this rule in 1979, amended
it November 1, 1984, and submitted it to EPA for approval on November
8, 1984. EPA approved it into the federally-approved SIP on December
19, 1986, (51 FR 45468). The state rule was amended numerous times
after that. Rule 15A NCAC 02D .0915 was referenced in the appendix of
the June 15, 2007, SIP revision but no rule change was made at that
time.
On June 1, 2008, North Carolina repealed this rule, and replaced it
with existing Rule 15A NCAC 02D .0930, ``Solvent Metal Cleaning;'' and
requirements found in Rule 15A NCAC 02D .2613. In a SIP revision on
November 19, 2008, North Carolina submitted this repeal to EPA for
approval. Today, EPA is taking action to propose approval of the June
15, 2007, SIP revision as it relates to RACT, and to approve the repeal
of Rule 15A NCAC 02D .0915, as submitted in North Carolina's November
19, 2008, SIP revision. EPA is also proposing to approve submittals
that include Rules 15A NCAC 02D .0930, and .2613. Below provides more
details regarding EPA's proposed approval of Rules 15A NCAC 02D .0930,
and .2613.
2. Rule 15A NCAC 02D .0916, ``Determination: VOC Emissions From Bulk
Gasoline Terminals''
In 1977, EPA established a CTG addressing the control of VOC
emissions from bulk gasoline plants. North Carolina originally adopted
this rule in 1979, amended it November 1, 1984, and submitted it to EPA
for approval on November 8, 1984. EPA approved it into the federally-
approved SIP on December 19, 1986, (51 FR 45468). The state rule was
amended numerous times after that. Rule 15A NCAC 02D .0916 was
referenced in the appendix of the June

[[Page 15903]]

15, 2007, SIP revision but no rule change was made at that time.
On June 1, 2008, North Carolina repealed this rule and replaced it
with Rule 15A NCAC 02D .0927, ``Solvent Metal Cleaning;'' and
requirements found in Rule 15A NCAC 02D .2613. In a SIP revision on
November 19, 2008, North Carolina submitted this repeal to EPA for
approval. Today, EPA is taking action to propose approval of the June
15, 2007, SIP revision as it relates to RACT, and to approve the repeal
of Rule 15A NCAC 02D .0916, as submitted in North Carolina's November
19, 2008, SIP revision. EPA is also proposing to approve Rules 15A NCAC
02D .0927, and .2613. Below provides more details regarding EPA's
proposed approval of Rules 15A NCAC 02D .0927, and .2613.
3. Rule 15A NCAC 02D .0917, ``Automobile and Light Duty Truck
Manufacturing''
In May 1977, EPA issued a CTG document (1977 CTG) for controlling
VOC emissions from surface coating of automobiles and light-duty
trucks. On October 7, 2008 (73 FR 58481), EPA updated the 1977 CTG, as
part of Group IV CTG, addressing the control of VOC emissions from
automobile and light-duty truck manufacturing.
North Carolina originally adopted this rule in 1979, amended it a
number of times and submitted it to EPA for approval on April 17, 1990.
EPA approved it into the federally-approved SIP on July 21, 1994, (59
FR 37162). The rule was amended numerous times after that and submitted
to EPA for SIP approval on July 1, 1996. EPA approved these amendments
into the federally-approved SIP on August 1, 1997, (62 FR 41277). Rule
15A NCAC 02D .0917 was referenced in the appendix of the June 15, 2007,
SIP revision but no rule change was made at that time.
On September 1, 2010, North Carolina repealed this rule and
replaced it with Rule 15A NCAC 02D .0968, ``Automobile and Light Duty
Truck Assembly Coatings.'' In a SIP revision on November 9, 2010, North
Carolina submitted this repeal to EPA for approval. Today, EPA is
taking action to propose approval of the June 15, 2007, SIP revision as
it relates to RACT, and to approve the repeal of Rule 15A NCAC 02D
.0917, as submitted in North Carolina's November 9, 2010, SIP revision.
EPA is also proposing to approve Rule .0968. A detailed rationale is
provided below regarding EPA's proposed approval of Rule .0968.
4. Rule 15A NCAC 02D .0920, ``Paper Coatings''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from paper coating operations. On October 9, 2007 (73 FR
57215), EPA updated the 1977 CTG, as part of Group III CTG, addressing
the control of VOC emissions from paper, film and foil coating
operations. North Carolina originally adopted this rule in 1979,
amended it a number of times and submitted it to EPA for approval on
April 17, 1990. EPA approved it into the federally-approved SIP on July
21, 1994, (59 FR 37162). The rule was amended again and submitted to
EPA for SIP approval on August 16, 1996. EPA approved these amendments
into the federally-approved SIP on August 1, 1997, (62 FR 41277). Rule
.0920 was referenced in the appendix of the June 15, 2007, SIP revision
but no rule change was made at that time.
On September 1, 2010, North Carolina repealed this rule and
replaced it with Rule 15A NCAC 02D .0966, ``Paper Film and Foil
Coatings.'' In a SIP revision on November 9, 2010, North Carolina
submitted this repeal to EPA for approval. Today, EPA is taking action
to propose approval of the June 15, 2007, SIP revision as it relates to
RACT, and to approve the repeal of Rule .0920, as submitted in North
Carolina's November 9, 2010, SIP revision. EPA is also proposing to
approve Rule .0966. A detailed rationale is provided below regarding
EPA's proposed approval of Rule .0966.
5. Rule 15A NCAC 02D .0921, ``Fabric and Vinyl Coating''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from fabric and vinyl coating operations. North Carolina
originally adopted this rule in 1979, amended it a couple of times and
submitted it to EPA for approval on April 17, 1990. EPA approved it
into the federally-approved SIP on July 21, 1994, (59 FR 37162). The
rule was amended again and submitted to EPA for SIP approval on August
16, 1996. EPA approved these amendments into the federally-approved SIP
on August 1, 1997, (62 FR 41277). Rule .0921 was referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time.
On September 1, 2010, North Carolina repealed this rule and
replaced it with Rule 15A NCAC 02D .0965, ``Flexible Package
Printing.'' In a SIP revision on November 9, 2010, North Carolina
submitted this repeal to EPA for approval. Today, EPA is taking action
to propose approval of the June 15, 2007, SIP revision as it relates to
RACT, and to approve the repeal of Rule .0921, as submitted in North
Carolina's November 9, 2010, SIP revision. EPA is also proposing to
approve Rule .0965. A detailed rationale is provided below regarding
EPA's proposed approval of Rule .0965.
6. Rule 15A NCAC 02D .0922, ``Metal Furniture Coating''
In June 1978, EPA established a CTG addressing the control of VOC
emissions from Metal Furniture Coating. On October 9, 2007 (73 FR
57215), EPA updated the 1978 CTG, as part of Group III CTG, addressing
control of VOC emissions from metal furniture coating operations. North
Carolina originally adopted this rule in 1979, amended it a couple of
times and submitted it to EPA for approval on April 17, 1990. EPA
approved it into the federally-approved SIP on July 21, 1994, (59 FR
37162). The rule was amended again and submitted to EPA for SIP
approval on August 16, 1996. EPA approved these amendments into the
federally-approved SIP on August 1, 1997, (62 FR 41277). Rule .0922 was
referenced in the appendix of the June 15, 2007, SIP revision but no
rule change was made at that time.
Changes to this rule were state-effective September 1, 2010, and
submitted in a SIP revision on November 9, 2010, for EPA approval. The
rule was amended to control VOC emissions from metal furniture coatings
by establishing three alternatives. EPA has evaluated North Carolina's
changes and is proposing to approve into the SIP the June 15, 2007, SIP
revision as it relates to RACT, and North Carolina's November 9, 2010,
SIP revision as it relates to metal furniture coating.
7. Rule 15A NCAC 02D .0923, ``Surface Coating of Large Appliance
Parts''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from large appliance surface coating operations. On October
9, 2007 (73 FR 57215), EPA updated the 1977 CTG, as part of Group III
CTG, addressing the control of VOC emissions from large appliance
surface coating operations. North Carolina originally adopted this rule
in 1979, amended it a couple of times and submitted it to EPA for
approval on April 17, 1990. EPA approved it into the federally-approved
SIP on July 21, 1994, (59 FR 37162). The rule was amended again and
submitted to EPA for SIP approval on August 16, 1996. EPA approved
these amendments into the federally-approved SIP on August 1, 1997, (62
FR 41277). Rule .0923 was referenced in the appendix of

[[Page 15904]]

the June 15, 2007, SIP revision but no rule change was made at that
time.
Changes to this rule were state-effective September 1, 2010, and
submitted in a SIP revision on November 9, 2010, for EPA approval. The
rule was amended to control VOC emissions from large appliance coatings
by establishing three alternatives. EPA has evaluated North Carolina's
changes and is proposing to approve into the SIP the June 15, 2007, SIP
revision as it relates to RACT, and North Carolina's November 9, 2010,
SIP revision as it relates to large appliance coatings.
8. Rule 15A NCAC 02D .0929, ``Petroleum Refinery Sources''
In 1978, EPA established a CTG addressing the control of VOC
emissions from bulk gasoline plants. North Carolina originally adopted
this rule in 1979, amended it a couple of times and submitted it to EPA
for approval on April 29, 1991. EPA approved it into the federally-
approved SIP on June 23, 1994, (59 FR 32362).
Rule .0929 was referenced in the appendix of the June 15, 2007, SIP
revision but no rule change was made at that time. In an April 6, 2010,
SIP revision, North Carolina made a negative declaration for this CTG
source category stating that there are no applicable sources in the
North Carolina portion of the bi-state Charlotte Area. As part of its
analysis to support the negative declarations for aforementioned CTG
source categories, NC DENR reviewed its permits files and emissions
inventory information. After this review, NC DENR determined that there
are no stationary sources or emitting facilities located in its portion
of the bi-state Charlotte Area that are subject to aforementioned CTG
source categories. EPA is now proposing to approve the negative
declaration as provided in North Carolina's April 6, 2010, SIP
revision. Today, EPA is also proposing to approve the June 15, 2007,
SIP revision as it relates to the RACT requirements.
9. Rule 15A NCAC 02D .0930, ``Solvent Metal Cleaning''
On October 5, 2006 (71 FR 58745), as part of the Group II CTG, EPA
updated the portion of the 1977 Solvent Metal Cleaning CTG regarding
the control of VOC emissions from the use of industrial cleaning
solvents. North Carolina originally adopted Rule 15A NCAC 02D .0915,
``Determination of Solvent Metal Cleaning VOC Emissions'' and Rule
.0930, ``Solvent Metal Cleaning'' in 1979. Rule .0915 was amended and
submitted to EPA for approval on April 29, 1991. EPA approved the rule
change on June 23, 1994, (59 FR 32362). Rule 0930, was amended and
submitted to EPA for approval on April 17, 1990. EPA approved the rule
change on June 23, 1994, (59 FR 32362).
On June 1, 2008, North Carolina repealed Rule .0915,
``Determination of Solvent Metal Cleaning VOC Emissions'' and replaced
it with Rule .0930, ``Solvent Metal Cleaning'' and rules in section
Rule 15A NCAC 02D .2600. In a SIP revision on November 19, 2008, North
Carolina submitted this repeal to EPA for approval. Today, EPA is
taking action to propose approval of the June 15, 2007, SIP revision as
it relates to RACT (Rule .0930, Solvent Metal Cleaning was referenced
in the appendix of the June 15, 2007, SIP revision but no rule change
was made at that time), and to approve the repeal of Rule .0915.
10. Rule 15A NCAC 02D .0932, ``Gasoline Truck Tanks and Vapor
Collection System''
In 1978 EPA established a CTG addressing VOC emissions from Control
of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor
Collection Systems. North Carolina originally adopted this Rule .0932
in 1980. The following shows the state submittals and corresponding EPA
approvals:

------------------------------------------------------------------------
Date of EPA Federal Register
Date state submitted to EPA approval approval
------------------------------------------------------------------------
April 17, 1990............... July 21, 1994... 59 FR 37162.
April 29, 1991............... June 23, 1994... 59 FR 32362.
August 7, 2002............... December 27, 67 FR 78980.
2002.
April 4, 2003................ September 17, 68 FR 54362.
2003.
------------------------------------------------------------------------

Rule .0932 was referenced in the appendix of the June 15, 2007, SIP
revision but no rule change was made at that time. Rule .0932 was also
amended to correct a cross-reference error, and submitted to EPA for
approval on November 19, 2008. Today, EPA is taking action to propose
approval of the June 15, 2007, SIP revision as it relates to RACT. EPA
is also proposing to approve the changes to Rule .0932 as provided in
North Carolina's November 19, 2008, SIP revision.
11. Rule 15A NCAC 02D .0933, ``Petroleum Liquid Storage in External
Floating Roof Tanks''
In 1978 EPA established a CTG addressing VOC emissions from
petroleum liquid in external floating roof tanks. North Carolina
originally adopted this Rule .0933 in 1980. The following shows the
state submittals and corresponding EPA approvals:

------------------------------------------------------------------------
Date of EPA Federal Register
Date State submitted to EPA approval approval
------------------------------------------------------------------------
April 17, 1990............... July 21, 1994... 59 FR 37162.
April 29, 1991............... June 23, 1994... 59 FR 32362.
July 1, 1995................. February 1, 1996 62 FR 3589.
------------------------------------------------------------------------

Changes to this rule were state effective August 1, 2004, and
submitted to EPA on October 14, 2004, for SIP approval. The rule was
amended to clarify the seal requirements for external floating roof
tanks. Rule .0933 was referenced in the appendix of the June 15, 2007,
SIP revision but no rule change was made at that time. Today, EPA is
proposing to approve North Carolina's October 14, 2004, SIP revision as
related to Rule .0933.

[[Page 15905]]

12. Rule 15A NCAC 02D .0934, ``Coating of Miscellaneous Metal Parts and
Products''
In June 1978, EPA issued a CTG document to address the control of
VOC emissions from surface coating of Miscellaneous Metal Parts and
Products. On October 7, 2008 (73 FR 58481), EPA updated the 1978 CTG,
as part of Group IV CTG, addressing the control of VOC emissions from
surface coating of miscellaneous metal parts and products.
North Carolina originally adopted this rule in 1980, amended it a
couple of times and submitted it to EPA for approval on April 17, 1990.
EPA approved it into the federally-approved SIP on July 21, 1994, (59
FR 37162). The rule was amended again and submitted to EPA for SIP
approval on April 29, 1991. EPA approved these amendments into the
federally-approved SIP on June 23, 1994, (59 FR 32362). The rule was
amended again and submitted to EPA for SIP approval on August 16, 1996.
EPA approved these amendments into the federally-approved SIP on August
1, 1997, (62 FR 41277). Rule .0934 was referenced in the appendix of
the June 15, 2007, SIP revision but no rule change was made at that
time.
On September 1, 2010, North Carolina repealed this rule and
replaced it with Rule 15A NCAC 02D .0967, ``Miscellaneous Metal and
Plastic Parts Coatings,'' and on November 9, 2010, submitted this
repeal to EPA for approval. EPA is taking action to propose approval of
the June 15, 2007, SIP revision as it relates to RACT, and to approve
North Carolina's November 9, 2010, SIP revision repealing Rule .0934.
EPA will also be taking action to propose approval of Rule .0967.
13. Rule 15A NCAC 02D .0935, ``Factory Surface Coating of Flat Wood
Paneling''
In June 1978, EPA issued a CTG document to address the control of
VOC emissions from surface coating of flat wood paneling. On October 5,
2006 (71 FR 58745), EPA updated the 1978 CTG, as part of Group II CTG,
addressing the control of VOC emissions from surface coating of flat
wood paneling operations.
North Carolina originally adopted this rule in 1980, amended it a
couple of times and submitted it to EPA for approval on April 17, 1990.
EPA approved it into the federally-approved SIP on July 21, 1994, (59
FR 37162). The rule was amended again and submitted to EPA for SIP
approval on August 16, 1996. EPA approved these amendments into the
federally-approved SIP on August 1, 1997, (62 FR 41277). Rule .0935 was
referenced in the appendix of the June 15, 2007, SIP revision but no
rule change was made at that time.
Changes to this rule were state effective September 1, 2010, and
submitted to EPA on November 9, 2010, for SIP approval. The rule was
amended to establish new emission limits for inks, coatings and
adhesives used by the flat wood paneling coating facilities. The
amendments offer two alternatives. EPA is proposing to approve into the
SIP the June 15, 2007, SIP revision as it relates to RACT, and North
Carolina's November 9, 2010, SIP revision as it relates to Rule .0935.
14. Rule 15A NCAC 02D .0936, ``Graphic Arts (Repealed)''
In December 1978, EPA published a CTG for graphic arts (rotogravure
printing and flexographic printing) that included flexible packaging
printing. On October 5, 2006 (71 FR 58745), EPA updated the1978 CTG, as
part of Group II CTG, addressing the control of VOC emissions from
graphic arts systems consisting of packaging rotogravure, publication
rotogravure or flexographic printing operations. North Carolina
originally adopted this rule in 1980, amended it a couple of times and
submitted it to EPA for approval on April 17, 1990. EPA approved it
into the federally-approved SIP on June 23, 1994, (59 FR 32362). Rule
.0936 was referenced in the appendix of the June 15, 2007, SIP revision
but no rule change was made at that time.
On September 1, 2010, North Carolina repealed this rule and
replaced it with Rule 15A NCAC 02D .0961, ``Offset Lithographic
Printing and Letterpress Printing'' and Rule 15A NCAC 02D .0965,
``Flexible Package Printing,'' and on November 9, 2010, submitted this
repeal to EPA for approval. EPA is taking action to propose approval of
the June 15, 2007, SIP revision as it relates to RACT, and the November
9, 2010, SIP revision repealing Rule .0936. Below EPA is also taking
action to propose approval of Rule .0961 and Rule .0965.
15. Rule 15A NCAC 02D .0943, ``Synthetic Organic Chemical and Polymer
Manufacturing''
In 1984 EPA established a CTG addressing VOC emissions from
Synthetic Organic Chemical Polymers and Resins. North Carolina
originally adopted this Rule .0943 in 1985 amended it and submitted it
to EPA for approval on April 17, 1990. EPA approved it into the
federally-approved SIP on June 23, 1994 (59 FR 32362). Rule .0943 was
referenced in the appendix of the June 15, 2007, SIP revision but no
rule change was made at that time. Rule .0943 was also amended to cross
reference new rules in Section 15A NCAC 02D .2600 and submitted to EPA
for approval on November 19, 2008. EPA is taking action to propose
approval of the June 15, 2007, SIP revision as it relates to RACT, and
of North Carolina's November 19, 2008, SIP revision as it relates to
Rule .0943.
16. Rule 15A NCAC 02D .0945, ``Petroleum Dry Cleaning''
In 1982 EPA established a CTG addressing VOC emissions from
Petroleum Dry Cleaners. North Carolina originally adopted this Rule
.0945 in 1985, amended it, and submitted it to EPA for approval on
March 14, 1986. EPA approved it into the federally-approved SIP on
November 19, 1986 (51 FR 41786). Rule .0945 was referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time.
Rule .0945 was also amended to cross-reference new rules in Section
15A NCAC 02D .2600 and submitted to EPA for approval on November 19,
2008. EPA is taking action to propose approval of the June 15, 2007,
SIP revision as it relates to RACT, and of North Carolina's November
19, 2008, SIP revision as it relates to Rule .0945.
17. Rule 15A NCAC 02D .0961, ``Offset Lithographic Printing and
Letterpress Printing''
In December 1978, EPA published a CTG for graphic arts (rotogravure
printing and flexographic printing) that included flexible packaging
printing. On October 5, 2006 (71 FR 58745), EPA updated the 1978 CTG,
as part of Group II CTG, addressing the control of VOC emissions from
graphic arts systems consisting of packaging rotogravure, publication
rotogravure or flexographic printing operations. North Carolina
originally adopted Rule 15A NCAC 02D .0936, ``Graphic Arts'' in 1980,
amended it and submitted it to EPA for approval into the federally-
approved SIP. In a November 9, 2010, SIP revision North Carolina
repealed Rule .0936, ``Graphic Arts'' and replaced it in part with Rule
15A NCAC 02D .0961, ``Offset Lithographic Printing and Letterpress
Printing.''
North Carolina originally adopted Rule .0961 on September 1, 2010,
and submitted it for EPA approval on November 9, 2010. The rule was
adopted to replace in part Rule .0936, ``Graphic Arts.'' EPA is
proposing to conditionally approve North Carolina's November 9, 2010,
SIP revision as related to Rule .0936.

[[Page 15906]]

18. Rule 15A NCAC 02D .0962, ``Industrial Cleaning Solvents''
On October 5, 2006 (71 FR 58745), as part of the Group II CTG, EPA
updated the portion of the 1977 Solvent Metal Cleaning CTG regarding
the control of VOC emissions from the use of industrial cleaning
solvents. North Carolina originally adopted Rule .0962, on September 1,
2010, and submitted it to EPA for approval into the federally-approved
SIP on November 9, 2010. EPA is proposing to conditionally approve into
the SIP the November 9, 2010, SIP revision as related to .0962.
19. Rule 15A NCAC 02D .0963, ``Fiberglass Boat Manufacturing''
On October 7, 2008 (73 FR 58481), EPA established a CTG, as part of
the Group IV CTG, addressing the control of VOC emissions from the
fiberglass boat manufacturing industry. North Carolina originally
adopted Rule .0963, on September 1, 2010, and submitted it to EPA for
approval into the federally-approved SIP on November 9, 2010. EPA is
proposing to approve into the SIP the November 9, 2010, SIP revision as
related to Rule .0963.
20. Rule 15A NCAC 02D .0964, ``Miscellaneous Industrial Adhesives''
On October 7, 2008 (73 FR 58481), EPA established a CTG, as part of
Group IV CTG, addressing the control of VOC emissions from the use of
miscellaneous industrial adhesives. North Carolina originally adopted
Rule .0964, on September 1, 2010, and submitted it to EPA for approval
into the federally-approved SIP on November 9, 2010. EPA is proposing
to approve into the SIP the November 9, 2010, SIP revision as related
to Rule .0964.
21. Rule 15A NCAC 02D .0965, ``Flexible Package Printing''
In December 1978, EPA published a CTG for graphic arts (rotogravure
printing and flexographic printing) that included flexible packaging
printing. On October 5, 2006 (71 FR 58745), EPA updated the 1978 CTG,
as part of Group II CTG, addressing the control of VOC emissions from
graphic arts systems consisting of packaging rotogravure, publication
rotogravure or flexographic printing operations. North Carolina
originally adopted Rule 15A NCAC 02D .0936, ``Graphic Arts'' in 1980,
amended it and submitted it to EPA for approval into the federally-
approved SIP. In a November 9, 2010, SIP revision North Carolina
repealed Rule .0936, ``Graphic Arts'' and replaced it in part with Rule
.0965, ``Flexible Package Printing.''
North Carolina originally adopted Rule .0965 on September 1, 2010,
and submitted it for EPA approval on November 9, 2010. The rule was
adopted to replace in part Rule .0936 Graphic Arts. EPA is proposing to
approve into the SIP the November 9, 2010, SIP revision as related to
Rule .0965.
22. Rule 15A NCAC 02D .0966, ``Paper, Film and Foil Coatings''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from paper coating operations. On October 9, 2007 (73 FR
57215), EPA updated the 1977 CTG, as part of Group III CTG, addressing
the control of VOC emissions from paper, film and foil coating
operations. North Carolina originally adopted Rule 15A NCAC 02D .0920,
``Paper Coatings'' in 1979, amended it and submitted it to EPA for
approval into the federally-approved SIP. On September 1, 2010, North
Carolina repealed Rule .0920, ``Paper Coatings,'' and replaced it with
Rule .0966, ``Paper Film and Foil Coatings,'' and on November 9, 2010,
submitted this repeal to EPA for approval.
North Carolina originally adopted Rule .0966 on September 1, 2010
and submitted it for EPA approval on November 9, 2010. The rule was
adopted to replace Rule .0920 ``Paper Coatings.'' EPA is proposing to
approve into the SIP the November 9, 2010, SIP revision as related to
Rule .0966.
23. Rule 15A NCAC 02D .0967, ``Miscellaneous Metal and Plastic Parts
Coatings''
In June 1978, EPA issued a CTG document to address the control of
VOC emissions from surface coating of Miscellaneous Metal Parts and
Products. On October 7, 2008 (73 FR 58481), EPA updated the 1978 CTG,
as part of Group IV CTG, addressing the control of VOC emissions from
surface coating of miscellaneous metal parts and products.
North Carolina originally adopted Rule 15A NCAC 02D .0934,
``Coating of Miscellaneous Metal Parts and Products'' in 1980, amended
it and submitted it to EPA for approval into the federally-approved
SIP. In a November 9, 2010, SIP revision North Carolina repealed Rule
.0934, ``Coating of Miscellaneous Metal Parts and Products'' and
replaced it with Rule .0967, ``Miscellaneous Metal and Plastic Parts
Coatings''. North Carolina originally adopted Rule .0967 on September
1, 2010, and submitted it for EPA approval on November 9, 2010. The
rule was adopted to replace Rule .0934 ``Coating of Miscellaneous Metal
Parts and Products.'' EPA is proposing to approve into the SIP the
November 9, 2010, SIP revision as it relates to Rule .0967.
24. Rule 15A NCAC 02D .0968, ``Automobile and Light Duty Truck Assembly
Coatings''
In May 1977, EPA issued a CTG document (1977 CTG) for controlling
VOC emissions from surface coating of automobiles and light-duty
trucks. On October 7, 2008 (73 FR 58481), EPA updated the 1977 CTG, as
part of Group IV CTG, addressing the control of VOC emissions from
automobile and light-duty truck manufacturing.
North Carolina originally adopted Rule 15A NCAC 02D .0917,
``Automobile and Light Duty Truck Manufacturing'' in 1979, amended it
and submitted it to EPA for approval into the federally-approved SIP.
In a November 9, 2010, SIP revision North Carolina repealed Rule .0917,
``Automobile and Light Duty Truck Manufacturing'' and replaced it with
Rule .0968, ``Automobile and Light Duty Truck Assembly Coatings.''
North Carolina originally adopted Rule .0968 on September 1, 2010,
and submitted it for EPA approval on November 9, 2010. The rule was
adopted to replace Rule .0917 ``Automobile and Light Duty Truck
Manufacturing.'' EPA is proposing to approve into the SIP the November
9, 2010, SIP revision as it relates to Rule .0968.
b. General RACT Rules
Moderate and above ozone nonattainment areas are required to have
regulations in place that require major VOC sources and NOx sources to
meet RACT requirements. North Carolina was required to meet VOC major
source RACT and NOx major source RACT for the Charlotte 1-hour ozone
nonattainment area, which consisted of Mecklenburg and Gaston Counties.
The bi-state Charlotte Area was designated as a moderate nonattainment
area for the 1997 8-hour ozone standard on June 15, 2004. North
Carolina was then required to meet major source VOC RACT and major
source NOx RACT for the entire seven county 1997 8-hour nonattainment
area. The following are RACT rules for the North Carolina portion of
the bi-state Charlotte Area.
25. Rule 15A NCAC 02D .0901, ``Definitions''
North Carolina originally adopted this rule in 1979, amended it a
number of times and submitted it to EPA for approval on April 17, 1990.
EPA approved it into the federally-approved SIP on July 21, 1994 (59 FR
37162). The

[[Page 15907]]

rule was amended numerous times after that and submitted to EPA for SIP
approval on August 16, 1996. EPA approved these amendments into the
federally-approved SIP on August 1, 1997, (62 FR 41277).
This rule was referenced in the appendix of the June 15, 2007, SIP
revision but no rule changes were made at that time. Changes to this
rule were state effective March 13, 2008, and submitted to EPA on
November 19, 2008, for SIP approval. The rule was amended to cross
reference the new Rule Section 15A NCAC 02D .2600. Additional changes
to this rule were state effective January 1, 2009, and submitted to EPA
on September 18, 2009, for SIP approval. The rule was amended to
include the definition of Stage I vapor control. EPA is proposing to
approve into the SIP the November 19, 2008 and September 18, 2009, SIP
revision changes to this rule.
26. Rule 15A NCAC 02D .0902, ``Applicability''
North Carolina originally adopted this rule in 1979, amended it a
number of times and submitted it to EPA for approval. The following
table shows the dates it was submitted to EPA and approved into the
federally-approved SIP.

------------------------------------------------------------------------
Date of EPA Federal Register
Date State submitted to EPA approval approval
------------------------------------------------------------------------
November 8, 1984............. December 19, 51 FR 45468.
1986.
January 7, 1994 and August August 1, 1997.. 62 FR 41277.
16, 1996.
March 19, 1997............... October 15, 1999 64 FR 55879.
July 28, 2000................ August 27, 2001. 66 FR 34117.
------------------------------------------------------------------------

Rule .0902 has been revised and submitted to EPA in numerous SIP
submissions that have not yet been approved. Changes to this rule were
state effective August 1, 2004, and submitted to EPA on October 14,
2004. The rule was amended to specify applicability for the 15A NCAC
02D .0900 Section Rules. Changes to this rule were state effective
March 1, 2007, and submitted to EPA on April 6, 2007. The rule was
amended to make the .0900 Section rules applicable to major sources in
the Area. Rule .0902 was referenced in the appendix of the June 15,
2007, SIP revision but no rule change was made at that time. Changes to
this rule were state effective July 1, 2007, and submitted to EPA on
January 31, 2008. The rule was amended to cover facilities with the
potential to emit between 50 and 100 tons VOC per year in the bi-State
Charlotte Area and to describe additional VOC sources covered and
actions to be taken if EPA reclassified the bi-State Charlotte Area to
serious.\30\ Changes to this rule were state effective January 1, 2009,
and submitted to EPA on September 18, 2009. The rule was amended to
remove a reference to Rule 15A NCAC 02D .0953 that has been repealed.
Changes to this rule were state effective September 1, 2010, and
submitted to EPA on November 9, 2010. The rule was amended to extend
the work practice standards in 15A NCAC 02D .0958 to all sources of VOC
in the state and to clarify that all areas that become subject to the
VOC RACT rules shall continue to comply with those rules after the area
is redesignated to attainment.
---------------------------------------------------------------------------

\30\ As provided for in the CAA, North Carolina was granted a 1
year extension of the attainment date (See 76 FR 31245, May 31,
2011), attained the standard prior to the extended attainment date,
and was not reclassified to serious and continued to be a moderate
area.
---------------------------------------------------------------------------

EPA is proposing conditional approval of the changes to this rule
that were submitted to EPA on October 14, 2004, with the exception of
the start-up, shutdown language as described in Section II. A. a. of
this document and the revisions submitted, April 6, 2007, January 31,
2008, September 18, 2009 and November 9, 2010, on the condition that
North Carolina will finalize their draft November 28, 2012, submittal,
submit it to EPA and meet federal law.
27. Rule 15A NCAC 02D .0909, ``Compliance Schedules for Sources in
Nonattainment Areas''
North Carolina originally adopted this rule in 1979, amended it and
submitted it to EPA for approval on November 8, 1984. EPA approved it
into the federally-approved SIP on December 19, 1986, (51 FR 45468).
The rule was amended again and submitted to EPA for SIP approval on
March 19, 1997. EPA approved these amendments into the federally-
approved SIP on October 15, 1999, (64 FR 55879). The rule was amended
again and submitted to EPA for SIP approval on July 28, 2000. EPA
approved these amendments into the federally-approved SIP on August 27,
2001, (66 FR 34117).
Rule .0909 has been revised and submitted to EPA in numerous SIP
submissions that have not yet been approved. Changes to this rule were
state effective March 1, 2007, and submitted to EPA on April 6, 2007.
The rule was amended to add a compliance schedule for nonattainment
areas, distinguishing the compliance schedules for maintenance areas
and new nonattainment areas. Rule .0909 was referenced in the appendix
of the June 15, 2007, SIP revision but no rule change was made at that
time. Changes to this rule were state effective July 1, 2007, and
submitted to EPA on January 31, 2008. The rule was amended to add VOC
RACT compliance schedules if EPA had reclassified the bi-state
Charlotte Area to serious.\31\ Changes to this rule were state
effective January 1, 2009, and submitted to EPA on September 18, 2009.
The rule was amended to remove a reference to Rules .0953 and .0954
that have been repealed. Changes to this rule were state effective
September 1, 2010, and submitted to EPA on November 9, 2010. The rule
was amended to change cross references.
---------------------------------------------------------------------------

\31\ As provided for in the CAA, on May 31, 2011, North Carolina
was granted a 1 year extension of the attainment date (See 76 FR
31245), attained the standard prior to the extended attainment date,
and was not reclassified to serious and continued to be a moderate
area.
---------------------------------------------------------------------------

EPA is proposing conditional approval of the changes to this rule
that were submitted to EPA on April 6, 2007, January 31, 2008,
September 18, 2009 and November 9, 2010, on the condition that North
Carolina will finalize their draft November 28, 2012, SIP revision,
submit it to EPA and meet federal law.
28. Rule 15A NCAC 02D .0912, ``General Provisions on Test Methods and
Procedures''
North Carolina originally adopted this rule in 1979, amended it and
submitted it to EPA for approval on November 8, 1984. EPA approved it
into the federally-approved SIP on December 19, 1986, (51 FR 45468).
The rule was amended again and submitted to EPA for SIP approval on
April 4, 2003. EPA approved these amendments into the federally-
approved SIP on September 17, 2003, (68 FR 54362). Rule .0912 was
referenced in the appendix of the June

[[Page 15908]]

15, 2007, SIP revision but no rule change was made at that time.
Rule .0912 has been revised and submitted to EPA in a SIP
submission that has not yet been approved. Changes to this rule were
state effective March 13, 2008, and submitted to EPA on November 19,
2008. The rule was amended to add the cross-reference and remove verbal
explanations of testing expectations and schedules that are transferred
to the new rule Section 15A NCAC 02D .2600 as submitted on November 19,
2008. EPA is taking action to propose approval of the June 15, 2007,
SIP revision as it relates to RACT, and EPA is proposing to approve the
changes made to this rule in the November 19, 2008, SIP revision.
29. Rule 15A NCAC 02D .0913, ``Determination of Volatile Content of
Surface Coatings'' Repealed
North Carolina originally adopted this rule in 1979, amended it and
submitted it to EPA for approval on July 1, 1988. EPA approved it into
the federally-approved SIP on January 16, 1990, (55 FR 1420). Rule
.0913 was referenced in the appendix of the June 15, 2007, SIP revision
but no rule change was made at that time.
Rule .0913 has been repealed and submitted to EPA in a SIP
submission that has not yet been approved. This rule was repealed,
state effective March 13, 2008, and submitted to EPA on November 19,
2008. The repealed rule was replaced with requirements in the new rule
Section .2600 as submitted on November 19, 2008. EPA is taking action
to propose approval of the June 15, 2007, SIP revision as it relates to
RACT and EPA is proposing to approve the repeal of this rule in the
November 19, 2008, SIP revision.
30. Rule 15A NCAC 02D .0914, ``Determination of VOC Emission Control
System Efficiency'' Repealed
North Carolina originally adopted this rule in 1979, amended it and
submitted it to EPA for approval on November 8, 1984. EPA approved it
into the federally-approved SIP on December 19, 1986. See 51 FR 45468.
It was amended again and submitted to EPA for approval on July 29,
1998. EPA approved it into the federally-approved SIP on November 10,
1999. See 64 FR 61213. Rule .0914 was referenced in the appendix of the
June 15, 2007, SIP revision but no rule change was made at that time.
Rule .0914 was repealed and submitted to EPA in a SIP submission
that has not yet been approved. This repealed rule became state
effective March 13, 2008, and was submitted to EPA on November 19,
2008. The repealed rule was replaced with requirements in the new rule
Section 15A NCAC 02D .2600 as submitted on November 19, 2008. EPA is
taking action to propose approval of the June 15, 2007, SIP revision as
it relates to RACT and EPA is proposing to approve the repeal of this
rule in the November 19, 2008, SIP revision.
31. Rule 15A NCAC 02D .0939, ``Determination of Volatile Organic
Compound Emissions (Repealed)''
North Carolina originally adopted this rule in 1980, amended it a
number of times and submitted it to EPA for approval on July 1, 1988.
EPA approved it into the federally-approved SIP on January 16, 1990,
(55 FR 1420). Rule .0939 was referenced in the appendix of the June 15,
2007, SIP revision but no rule change was made at that time.
On March 13, 2008, North Carolina repealed this rule and submitted
the repeal to EPA for approval on November 19, 2008. In that same
submittal, North Carolina replaced Rule .0939 with Rule 15A NCAC 02D
.2613, ``Volatile Organic Compound Testing Methods.'' EPA is taking
action to propose approval of the June 15, 2007, SIP revision as it
relates to RACT and the November 19, 2008, SIP revision repealing Rule
.0939. EPA will also be taking action to propose approval of Rule
.2613.
32. Rule 15A NCAC 02D .0940, ``Determination of Leak Tightness and
Vapor Leaks (Repealed)''
North Carolina originally adopted this rule in 1980, amended it a
number of times and submitted it to EPA for approval. The following
Table shows the state submittals and corresponding EPA approvals:

------------------------------------------------------------------------
Date of EPA Federal Register
Date State submitted to EPA Approval approval
------------------------------------------------------------------------
June 23, 1980................ August 27, 1981. 46 FR 43137.
December 17, 1984............ December 19, 51 FR 45468.
1986.
July 1, 1988................. January 16, 1990 55 FR 1420.
------------------------------------------------------------------------

Rule .0940 was referenced in the appendix of the June 15, 2007, SIP
revision but no rule change was made at that time. On March 13, 2008,
North Carolina repealed this rule and submitted the repeal to EPA for
approval on November 19, 2008. In that same submittal, North Carolina
replaced Rule .0940 with Rule 15A NCAC 02D .2615, ``Determination of
Leak Tightness and Vapor Leaks.'' EPA is taking action to propose
approval of the June 15, 2007, SIP revision as it relates to RACT and
the November 19, 2008, SIP revision repealing Rule .0940. EPA will also
be taking action to propose approval of Rule .2615.
33. Rule 15A NCAC 02D .0941, ``Alternative Method for Leak Tightness
(Repealed)''
North Carolina originally adopted this rule in 1980, amended it a
number of times and submitted it to EPA for approval on April 17, 1990.
EPA approved it into the federally-approved SIP on June 23, 1994 (59 FR
32362). Rule .0941 was referenced in the appendix of the June 15, 2007,
SIP revision but no rule change was made at that time.
On March 13, 2008, North Carolina repealed this rule and submitted
the repeal to EPA for approval on November 19, 2008. In that same
submittal, North Carolina replaced Rule .0941 with Rule 15A NCAC 02D
.2615. EPA is taking action to propose approval of the June 15, 2007,
SIP revision as it relates to RACT and the November 19, 2008, SIP
revision repealing Rule .0941. EPA will also be taking action to
propose approval of Rule .2615.
34. Rule 15A NCAC 02D .0942, ``Determination of Solvent in Filter Waste
(Repealed)''
North Carolina originally adopted this rule in 1980, amended it a
number of times and submitted it to EPA for approval on July 23, 1990.
EPA approved it into the federally-approved SIP on August 27, 1981. See
46 FR 43137. Rule .0942 was referenced in the appendix of the June 15,
2007, SIP revision but no rule change was made at that time.
On March 13, 2008, North Carolina repealed this rule and submitted
the repeal to EPA for approval on November

[[Page 15909]]

19, 2008. In that same submittal, North Carolina replaced Rule .0942
with Rule 15A NCAC 02D .2613, ``Volatile Organic Compound Testing
Methods.'' EPA is taking action to propose approval of the June 15,
2007, SIP revision as it relates to RACT and the November 19, 2008, SIP
revision repealing Rule .0942. EPA will also be taking action to
propose approval of Rule .2613.
35. Rule 15A NCAC 02D .0951, ``Miscellaneous Volatile Organic Compound
Emissions''
North Carolina originally adopted Rule .0951 in 1994 and submitted
it for EPA approval on January 7, 1994, and again on August 16, 1995.
EPA approved these revisions on August 1, 1996. See 62 FR 41277. North
Carolina submitted amendments to EPA for approval into the federally-
approved SIP on July 28, 2000. EPA approved these amendments on June
27, 2001, (66 FR 34117). Rule .0951 was referenced in the appendix of
the June 15, 2007, SIP revision but no rule change was made at that
time.
Changes to this rule were state effective September 1, 2010, and
submitted to EPA on November 9, 2010, for SIP approval. The rule was
amended to change cross references to other Section 15A NCAC 02D .0900
rules. The Rule was amended again, including a name change to ``RACT
for Sources of Volatile Organic 3 Compounds.'' This revision was
submitted for EPA approval on November 28, 2012, for parallel
processing. EPA is proposing to approve into the SIP the June 15, 2007,
SIP revision as it relates to RACT, and proposing to conditionally
approve the November 9, 2010, SIP revision into the SIP.
36. Rule 15A NCAC 02D .1402, ``Applicability''
North Carolina originally adopted Rule .1402 in 1995, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002 (67 FR 42519). North Carolina submitted amendments to EPA
for approval into the federally-approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002 (67 FR 78987).
Rule .1402 has been revised and submitted to EPA in numerous SIP
submissions that have not yet been approved. Changes to this rule were
state effective March 1, 2007, and submitted to EPA on April 6, 2007.
The rule was amended to major sources in the Area. Rule .1402 was also
referenced in the appendix of the June 15, 2007, SIP revision but no
rule change was made at that time. Changes to this rule were state
effective July 1, 2007, and submitted to EPA on January 31, 2008. The
rule was amended to address facilities with the potential to emit
between 50 and 100 tons of NOX per year and describe actions
to be taken if EPA notifies the State that the bi-state Charlotte Area
has failed to attain compliance with the ozone standard. Changes to
this rule were state effective July 1, 2007, and submitted to EPA on
November 19, 2008. The rule was amended to remove reference to repealed
rules. Changes to this rule were state effective January 1, 2010, and
submitted to EPA on February 3, 2010. The rule was amended to specify
which parts of this section apply to sources covered under CAIR, to
clarify RACT requirements in nonattainment areas and to correct cross-
reference errors. EPA is proposing to approve into the SIP the version
of Rule .1402, ``Applicability'' submitted on February 3, 2010, which
incorporated all of the changes listed above.
37. Rule 15A NCAC 02D .1403, ``Compliance Schedules''
North Carolina originally adopted Rule .1403 in 1995, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to
EPA for approval into the federally- approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002 (67 FR 78987).
Changes to Rule .1403 became state effective on March 1, 2007, and
were submitted to EPA for SIP approval on April 6, 2007. Specifically,
this rule was amended to add a compliance schedule for nonattainment
areas distinguishing the compliance schedules for maintenance areas and
new nonattainment areas. Rule .1403 was also referenced in the appendix
of the June 15, 2007, SIP revision but no rule change was made at that
time. Rule .1403 was amended again with changes state effective on July
1, 2007, and submitted to EPA for SIP approval on January 31, 2008. It
was amended to add NOX RACT compliance schedules for the bi-
state Charlotte Area if the ozone nonattainment plan fails to attain
compliance. EPA is proposing to approve into the SIP the version of
Rule 15A NCAC 02D .1403, ``Compliance Schedules'' submitted on January
31, 2008, which incorporated all of the changes listed above.
38. Rule 15A NCAC 02D .1404, ``Recordkeeping: Reporting: Monitoring''
North Carolina originally adopted Rule .1404 in 1995, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to
EPA for approval into the federally- approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002 (67 FR 78987).
Changes to Rule .1404 became state effective on May 1, 2004, and
were submitted to EPA for SIP approval on October 14, 2004. This rule
was amended to clarify monitoring requirements. Rule .1404 was also
referenced in the appendix of the June 15, 2007, SIP revision but no
rule change was made at that time. EPA is proposing to approve into the
SIP the version of Rule 15A NCAC 02D .1404, ``Recordkeeping: Reporting:
Monitoring'' submitted on October 14, 2004.
39. Rule 15A NCAC 02D .1407, ``Boilers and Indirect Process Heaters''
North Carolina originally adopted Rule 15A NCAC 02D .1407 in 1995,
and then made some temporary amendments. Rule 15A NCAC 02D .1407 was
also referenced in the appendix of the June 15, 2007, SIP revision but
no rule change was made at that time. North Carolina amended the rule,
state effective July 15, 2002, and submitted it for EPA approval on
November 19, 2008. It was amended to account for changes in Rule .1402
Applicability. EPA has made the preliminary determination that this
change is consistent with federal requirements, and thus EPA is
proposing to approve the changes to this rule as was submitted November
19, 2008.
40. Rule 15A NCAC 02D .1408, ``Stationary Combustion Turbines''
North Carolina originally adopted Rule .1408 in 1995, and then made
some temporary amendments. Rule .1408 was also referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time. North Carolina amended Rule .1408, these changes became
state effective July 15, 2002, and submitted it for EPA approval on
November 19, 2008. It was amended to account for changes in Rule .1402
Applicability. EPA has made the preliminary determination that this
change is consistent with federal requirements, and thus EPA is
proposing to approve the changes to this

[[Page 15910]]

rule as it was submitted November 19, 2008.
41. Rule 15A NCAC 02D .1409, ``Stationary Internal Combustion
Turbines''
North Carolina originally adopted Rule .1409 in 1995 and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to
EPA for approval into the federally-approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002. See 67 FR 78987.
Changes to Rule.1409 became state effective on May 1, 2004, and was
submitted to EPA for approval on October 14, 2004. It was amended to
clarify stationary internal combustion engine requirements. Rule .1409
was referenced in the appendix of the June 15, 2007, SIP revision but
no rule change was made at that time. Changes to Rule .1409 became
state effective on March 13, 2008, and were submitted to EPA for SIP
approval on November 19, 2008. Specifically, it was amended to remove
reference to repealed rules. EPA has made the preliminary determination
that this change is consistent with federal requirements, and thus EPA
is proposing to approve the changes to this rule as it was submitted
November 19, 2008.
42. Rule 15A NCAC 02D .1410, ``Emissions Averaging''
North Carolina originally adopted Rule .1410 in 1995 and then made
some temporary amendments. Rule .1410 was also referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time. North Carolina amended Rule .1410, the changes became
state effective on July 15, 2002, and March 13, 2008, and were
submitted for EPA approval on November 19, 2008. Specifically, it was
amended to remove references to repealed rules. EPA has made the
preliminary determination that this change is consistent with federal
requirements, and thus EPA is proposing to approve the changes to this
rule as it was submitted November 19, 2008.
43. Rule 15A NCAC 02D .1411, ``Seasonal Fuel Switching''
North Carolina originally adopted Rule .1411 in 1995, and then made
some temporary amendments. Rule .1411 was also referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time. North Carolina amended Rule .1411, it became state
effective on July 15, 2002, and March 13, 2008, and was submitted for
EPA approval on November 19, 2008. Specifically, it was amended to
remove references to repealed rules. EPA has made the preliminary
determination that this change is consistent with federal requirements,
and thus EPA is proposing to approve the changes to this rule as it was
submitted November 19, 2008.
44. Rule 15A NCAC 02D .1412, ``Petition for Alternative Limitations''
North Carolina originally adopted Rule .1412 in 1995 and then made
some temporary amendments. Rule .1412 was also referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time. North Carolina amended Rule .1412, it became state
effective July 15, 2002, and March 13, 2008, and was submitted for EPA
approval on November 19, 2008. Specifically, it was amended to remove
references to repealed rules. EPA has made the preliminary
determination that this change is consistent with federal requirements,
and thus EPA is proposing to approve the changes to this rule as it was
submitted November 19, 2008.
45. Rule 15A NCAC 02D .1415, ``Test Methods and Procedures''
North Carolina originally adopted Rule .1415 in 1995 and then made
some temporary amendments. Rule .1415 was also referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time. North Carolina amended Rule .1415, it became state
effective on July 15, 2002, and March 13, 2008, and was submitted for
EPA approval on November 19, 2008. Specifically, it was amended to
cross-reference the new rules in Section 15A NCAC 02D .2600. EPA has
made the preliminary determination that this change is consistent with
federal requirements, and thus EPA is proposing to approve the changes
to this rule as it was submitted November 19, 2008.
46. Rule 15A NCAC 02D .1416, ``Emission Allocations for Utility
Companies''
North Carolina originally adopted Rule .1416 in 2001, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002 (67 FR 42519). North Carolina submitted amendments to EPA
for approval into the federally-approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002. See 67 FR 78987.
North Carolina amended Rule .1416 and submitted these revisions to
EPA for approval on October 14, 2004. Rule .1416 was referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time. North Carolina amended Rule .1416, it became state
effective on July 15, 2002, and June 1, 2004, and on March 13, 2008,
North Carolina repealed the rule. North Carolina submitted this repeal
for EPA approval on November 19, 2008. It was repealed because it was
replaced by North Carolina's CAIR SIP revision which was approved by
EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary
determination that this change to North Carolina's SIP is consistent
with federal requirements, and thus EPA is proposing to approve the
changes to this rule as it was submitted November 19, 2008.
47. Rule 15A NCAC 02D .1417, ``Emission Allocations for Large
Combustion Sources''
North Carolina originally adopted Rule .1417 in 2001, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002 (67 FR 42519). North Carolina submitted amendments to EPA
for approval into the federally-approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002. See 67 FR 78987.
North Carolina amended Rule .1417 and submitted these revisions to
EPA for approval on October 14, 2004. Rule .1417 was referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time. North Carolina amended Rule .1417, it became state
effective on July 15, 2002, and June 1, 2004, and on March 13, 2008,
North Carolina repealed the rule. North Carolina submitted this repeal
for EPA approval on November 19, 2008. It was repealed because it was
replaced by North Carolina's CAIR SIP revision which was approved by
EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary
determination that this change to North Carolina's SIP is consistent
with federal requirements, and thus EPA is proposing to approve the
changes to this rule as it was submitted November 19, 2008.
48. Rule 15A NCAC 02D .1418, ``New Electric Generating Units, Large
Boilers, and Large Internal Combustion Engines''
North Carolina originally adopted Rule .1418 in 2001, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to
EPA for approval into the federally-approved SIP on July 15, 2002. EPA
approved

[[Page 15911]]

these amendments on December 27, 2002. See 67 FR 78987.
Rule .1418 was amended to clarify offsets for new electric
generating units, large boilers and large internal combustion engines
and submitted these revisions to EPA for approval on October 14, 2004.
Rule .1418 was referenced in the appendix of the June 15, 2007, SIP
revision but no rule change was made at that time. North Carolina
amended Rule .1418, it became state effective on July 15, 2002, June 1,
2004, and March 13, 2008. North Carolina submitted it for EPA approval
on November 19, 2008. It was amended to remove offset language that was
replaced by North Carolina's CAIR SIP revision which was approved by
EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary
determination that this change to North Carolina's SIP is consistent
with federal requirements, and thus EPA is proposing to approve the
changes to this rule as it was submitted November 19, 2008.
49. Rule 15A NCAC 02D .1419, ``Nitrogen Oxide Budget Trading Program''
North Carolina originally adopted Rule .1419 in 2001, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to
EPA for approval into the federally-approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002. See 67 FR 78987.
North Carolina amended Rule .1419 and submitted these revisions to
EPA for approval on October 14, 2004. Rule .1419 was referenced in the
appendix of the June 15, 2007, SIP revision but no rule change was made
at that time. North Carolina amended Rule .1419, it became state
effective on July 15, 2002 and June 1, 2004, and on March 13, 2008,
North Carolina repealed the rule. North Carolina submitted this repeal
for EPA approval on November 19, 2008. It was repealed because it was
replaced by North Carolina's CAIR SIP revision which was approved by
EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary
determination that this change to North Carolina's SIP is consistent
with federal requirements, and thus EPA is proposing to approve the
changes to this rule as it was submitted November 19, 2008.
50. Rule 15A NCAC 02D .1420, ``Periodic Review and Reallocations''
North Carolina originally adopted Rule .1420 in 2001, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to
EPA for approval into the federally-approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002. See 67 FR 78987.
Rule .1420 was referenced in the appendix of the June 15, 2007, SIP
revision but no rule change was made at that time. North Carolina
amended Rule .1420, it became state effective July 15, 2002, and on
March 13, 2008, North Carolina repealed the rule. North Carolina
submitted this repeal for EPA approval on November 19, 2008. It was
repealed because it was replaced by North Carolina's CAIR SIP revision
which was approved by EPA. See 74 FR 62496 (November 30, 2009). EPA has
made the preliminary determination that this change to North Carolina's
SIP is consistent with federal requirements, and thus EPA is proposing
to approve the changes to this rule as it was submitted November 19,
2008.
51. Rule 15A NCAC 02D .1421, ``Allocations for New Growth of Major
Point Sources''
North Carolina originally adopted Rule .1421 in 2001, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to
EPA for approval into the federally-approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002. See 67 FR 78987.
Rule .1421 was referenced in the appendix of the June 15, 2007, SIP
revision but no rule change was made at that time. North Carolina
amended Rule .1421, it became state effective July 15, 2002, and on
March 13, 2008, North Carolina repealed the rule. North Carolina
submitted this repeal for EPA approval on November 19, 2008. It was
repealed because it was replaced by North Carolina's CAIR SIP revision
which was approved by EPA. See 74 FR 62496 (November 30, 2009). EPA has
made the preliminary determination that this change to North Carolina's
SIP is consistent with federal requirements, and thus EPA is proposing
to approve the changes to this rule as it was submitted November 19,
2008.
52. Rule 15A NCAC 02D .1422, ``Compliance Supplement Pool Credits''
North Carolina originally adopted Rule .1422 in 2001, and submitted
it for EPA approval on November 18, 2001. EPA approved these changes on
June 24, 2002. See 67 FR 42519. North Carolina submitted amendments to
EPA for approval into the federally-approved SIP on July 15, 2002. EPA
approved these amendments on December 27, 2002. See 67 FR 78987.
North Carolina amended Rule .1422 and submitted these revisions to
EPA for approval on October 14, 2004. Rule 15A NCAC 02D .1422 was
referenced in the appendix of the June 15, 2007, SIP revision but no
rule change was made at that time. North Carolina amended Rule .1422,
it became state effective July 15, 2002, and on March 13, 2008, North
Carolina repealed the rule. North Carolina submitted this repeal for
EPA approval on November 19, 2008. It was repealed because it was
replaced by North Carolina's CAIR SIP revision which was approved by
EPA. See 74 FR 62496 (November 30, 2009). EPA has made the preliminary
determination that this change to North Carolina's SIP is consistent
with federal requirements, and thus EPA is proposing to approve the
changes to this rule as it was submitted November 19, 2008.
53. Rule 15A NCAC 02D .2601, ``Purpose and Scope''
North Carolina originally adopted Rule .2601 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
define the purpose of the application of Section 15A NCAC 02D .2600.
EPA has evaluated this rule and has made the preliminary determination
that this rule is consistent with federal requirements. Therefore, EPA
is proposing to approve this rule.
54. Rule 15A NCAC 02D .2602, ``General Provisions on Test Methods''
North Carolina originally adopted Rule .2602 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
describe the general provisions to be used during source testing using
the methods and procedures in Section 15A NCAC 02D .2600. EPA has
evaluated this rule and has made the preliminary determination that
this rule is consistent with federal requirements. Therefore, EPA is
proposing to approve this rule.
55. Rule 15A NCAC 02D .2603, ``Testing Protocol''
North Carolina originally adopted Rule .2603 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
describe the construction of a source test protocol. EPA has evaluated
this rule and has made the preliminary determination that this rule is
consistent with federal requirements. Therefore, EPA is proposing to
approve this rule.

[[Page 15912]]

56. Rule 15A NCAC 02D .2604, ``Number of Test Points''
North Carolina originally adopted Rule .2604 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
describe the source testing requiring the use of Method 1 of Appendix A
of 40 CFR Part 60 during any source test in which velocity and volume
flow rate measurements are required. EPA has evaluated this rule and
has made the preliminary determination that this rule is consistent
with federal requirements. Therefore, EPA is proposing to approve this
rule.
57. Rule 15A NCAC 02D .2605, ``Velocity and Volume Flow Rate''
North Carolina originally adopted Rule .2605 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
explicitly require the use of Method 2 of Appendix A of 40 CFR Part 60
during any source test in which velocity and volume flow rate
measurements are required. EPA has evaluated this rule and has made the
preliminary determination that this rule is consistent with federal
requirements. Therefore, EPA is proposing to approve this rule.
58. Rule 15A NCAC 02D .2606, ``Molecular Weight''
North Carolina originally adopted Rule .2606 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
explicitly require the use of Method 3 of Appendix A of 40 CFR Part 60
during any source test method requiring determination of the molecular
weight of the gas being sampled by determining the fraction of carbon
dioxide, oxygen, carbon monoxide, and nitrogen are required, with one
exception to Method 3 provided. EPA has evaluated this rule and has
made the preliminary determination that this rule is consistent with
federal requirements. Therefore, EPA is proposing to approve this rule.
59. Rule 15A NCAC 02D .2607, ``Determination of Moisture Content''
North Carolina originally adopted Rule .2607 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
require the use of Method 4 of Appendix A of 40 CFR Part 60 during any
test method requiring determination of gas moisture content. EPA has
evaluated this rule and has made the preliminary determination that
this rule is consistent with federal requirements. Therefore, EPA is
proposing to approve this rule.
60. Rule 15A NCAC 02D .2608, ``Number of Runs and Compliance
Determination''
North Carolina originally adopted Rule .2608 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
state the required number of testing runs required and possible
reductions of required test runs under unavoidable and unforeseeable
circumstances. EPA has evaluated this rule and has made the preliminary
determination that this rule is consistent with federal requirements.
Therefore, EPA is proposing to approve this rule.
61. Rule 15A NCAC 02D .2612, ``Nitrogen Oxide Testing Methods''
North Carolina originally adopted Rule .2612 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
use Method 7 or Method 7E of Appendix A of 40 CFR part 60 for
combustion sources not required to use continuous emissions monitoring
and Method 20 of Appendix A of 40 CFR part 60 for stationary gas
turbines. EPA has evaluated this rule and has made the preliminary
determination that this rule is consistent with federal requirements.
Therefore, EPA is proposing to approve this rule.
62. Rule 15A NCAC 02D .2613, ``Volatile Organic Compound Testing
Methods''
North Carolina originally adopted Rule .2613 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
require the use of Method 24 of Appendix A of 40 CFR Part 60 for
printing inks and related coatings, a specified procedure to determine
solvent emissions from solvent metal cleaning equipment, and the
procedures set forth in 40 CFR 60.503 at bulk gasoline terminals. EPA
has evaluated this rule and has made the preliminary determination that
this rule is consistent with federal requirements. Therefore, EPA is
proposing to approve this rule.
63. Rule 15A NCAC 02D .2614, ``Determination of VOC Emission Control
System''
North Carolina originally adopted Rule .2614 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
require specific protocols and test methods to determine the collection
or control efficiency of any device or system operated for the purpose
of reducing volatile organic compound emissions. EPA has evaluated this
rule and has made the preliminary determination that this rule is
consistent with federal requirements. Therefore, EPA is proposing to
approve this rule.
64. Rule 15A NCAC 02D .2615, ``Determination of Leak Tightness and
Vapor Leaks''
North Carolina originally adopted Rule .2615 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
test for leaks from gasoline tank trucks and vapor collection systems
and to use procedures described in Method 27 of Appendix A of 40 CFR
part 60 to annually certify truck tanks. EPA has evaluated this rule
and has made the preliminary determination that this rule is consistent
with federal requirements. Therefore, EPA is proposing to approve this
rule.
65. Rule 15A NCAC 02D .2621, ``Determination of Fuel Heat Content Using
F-Factor''
North Carolina originally adopted Rule .2621 on March 13, 2008, and
submitted it for EPA approval on November 19, 2008. It was adopted to
determine rates for wood or fuel burning sources using the ``Oxygen
Based F Factor Procedure'' described in Section 5 of Method 19 of
Appendix A of 40 CFR Part 60 or other procedures described in Method
19. EPA has evaluated this rule and has made the preliminary
determination that this rule is consistent with federal requirements.
Therefore, EPA is proposing to approve this rule.

III. Effect of This Proposed Action

The effect of this proposed action is to approve or conditionally
approve the aforementioned requirements for RACT and CTG source
categories into in the North Carolina SIP for the State's portion of
the bi-state Charlotte Area. Today, EPA is proposing to approve SIP
revisions submitted on June 15, 2007, November 19, 2008, February 3,
2010, and April 6, 2010. Additionally, EPA is proposing to approve in
part, and conditionally approve in part, North Carolina's SIP revisions
submitted on October 14, 2004, April 6, 2007, January 31, 2008,
September 18, 2009, and November 9, 2010. EPA is proposing to
conditionally approve North Carolina's SIP as it relates to VOC RACT
because these SIP revisions do not provide the appropriate
applicability thresholds for certain CTG sources.
In a August 30, 2012, letter, North Carolina committed to provide a
SIP revision to correct the applicability thresholds for these CTG
sources. If North Carolina fails to submit the SIP revision by March
13, 2014, today's

[[Page 15913]]

conditional approval will automatically become a disapproval on that
date and EPA will issue a finding of disapproval. EPA is not required
to propose the finding of disapproval. If the conditional approval is
converted to a disapproval, the final disapproval triggers the Federal
Implementation Plan requirement under section 110(c). However, if the
State meets its commitment within the applicable timeframe, the
conditionally approved submission will remain a part of the SIP until
EPA takes final action approving or disapproving the new submittal.

IV. Proposed Action

EPA is proposing to approve several SIP revisions submitted to EPA
by the State of North Carolina, through NC DENR, to address the
NOX RACT requirements for the North Carolina portion of the
bi-state Charlotte Area. Additionally, EPA is proposing to approve in
part, and conditionally approve in part several SIP revisions to
address the VOC RACT requirements and related CTG requirements.
Specifically, North Carolina submitted SIP revisions on October 14,
2004, April 6, 2007, June 15, 2007, January 31, 2008, November 19,
2008, September 18, 2009, February 3, 2010, April 6, 2010, and November
9, 2010, to address NOX RACT, VOC RACT and CTG requirements.
Together, these SIP revisions establish the RACT requirements for the
major sources located in the North Carolina portion of the bi-state
Charlotte Area. In a separate rulemaking, EPA has already taken action
on RACT and CTG requirements for the South Carolina portion of the bi-
state Charlotte Area.
EPA has evaluated the proposed revisions to North Carolina's SIP,
and has made the preliminary determination that they are consistent
with statutory and regulatory requirements and EPA guidance except for
the applicability for some CTG VOC sources. Consistent with section
110(k)(4) of the Act, EPA is relying upon a commitment by North
Carolina to include appropriate applicability thresholds for VOC RACT
for the all sources addressed by CTG in the Area as a basis for
conditionally approving North Carolina's SIP revisions as they relate
to VOC RACT.

V. 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. 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. Accordingly, this
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 proposal action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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
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).

In addition, this proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the determination does not have substantial direct effects on
an Indian Tribe. There are no Indian Tribes located within the North
Carolina portion of the bi-state Charlotte nonattainment area.

List of Subjects in 40 CFR Part 52

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

Authority: 42 U.S.C. 7401 et seq.

Dated: March 5, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-05838 Filed 3-12-13; 8:45 am]
BILLING CODE 6560-50-P

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