Approval and Promulgation of Implementation Plans; North Carolina; Control Techniques Guidelines and Reasonably Available Control Technology, 27065-27071 [2013-10944]

Download as PDF Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations Subpart XX—West Virginia 2. In § 52.2522, paragraph (j) is added to read as follows. ■ § 52.2522 Approval status. * * * * * (j)(1) EPA is disapproving a narrow portion of West Virginia’s August 31, 2011 submittal because it does not satisfy the requirement that emissions of PM2.5 and PM10 shall include gaseous emissions which condense to form particulate matter at ambient temperatures. This disapproval extends only to the lack of condensable emissions within the definition of ‘‘regulated NSR pollutant,’’ found at 45CSR14 section 2.66, and does not alter EPA’s October 17, 2012 (77 FR 63736) approval of the remaining portions of West Virginia’s August 2011 SIP submittal. (2) EPA is disapproving specific portions of West Virginia’s infrastructure SIP submissions dated December 3, 2007, December 11, 2007, April 3, 2008, October 1, 2009, October 26, 2011, and February 17, 2012 which address certain obligations set forth at Submittal dates [FR Doc. 2013–10935 Filed 5–8–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2009–0140; FRL–9810–8] Approval and Promulgation of Implementation Plans; North Carolina; Control Techniques Guidelines and Reasonably Available Control Technology Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is approving 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 Carolina— South 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 approving in part, and conditionally approving in part, several SIP revisions to address the volatile organic compounds (VOC) RACT requirements tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:51 May 08, 2013 Jkt 229001 CAA sections 110(a)(2)(C), (D)(i)(II) and (J) relating to the West Virginia PSD permit program. Because West Virginia’s definition of ‘‘regulated NSR pollutant’’ in 45CSR14 does not address condensables for PM2.5 and PM10 emissions, EPA is determining that West Virginia’s infrastructure SIP submissions do not meet certain statutory and regulatory obligations relating to a PSD permit program set forth at CAA sections 110(a)(2)(C), (D)(i)(II) and (J) for the narrow issue of condensables as set forth in the following table. Infrastructure element(s) disapproved in this action NAAQS December 11, 2007; April 3, 2008 ....................................................................... December 3, 2007; December 11, 2007 .............................................................. October 1, 2009 .................................................................................................... October 26, 2011 .................................................................................................. February 17, 2012 ................................................................................................ 1997 1997 2006 2008 2008 PM2.5 ................ ozone ............... PM2.5 ................ lead .................. ozone ............... 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 revisions to North Carolina’s SIP, and has made the determination that they are consistent, with the exception of applicability for some CTG VOC sources, with statutory and regulatory requirements and EPA guidance. With respect to the applicability provisions for the CTG VOC sources noted above, EPA is finalizing a conditional approval of these provisions. DATES: Effective Date: This rule will be effective June 10, 2013. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2009–0140. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 27065 110(a)(2)(D)(i)(II). 110(a)(2)(D)(i)(II). 110(a)(2)(D)(i)(II). 110(a)(2)(D)(i)(II), (C), and (J). 110(a)(2)(D)(i)(II), (C), and (J). Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9029. Ms. Spann can also be reached via electronic mail at spann.jane@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. This Action III. Final Action IV. 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 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. E:\FR\FM\09MYR1.SGM 09MYR1 27066 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES 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 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 moderate nonattainment 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. Section 172(c)(1) of the CAA requires SIPs to provide for the implementation of all reasonably available control measures (RACM) as expeditiously as practicable. RACT, a subset of RACM, relates specifically to stationary point sources. 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. 3 4 If no major sources of 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 final rulemaking regarding RACT is not related to requirements for the 2008 8-hour ozone NAAQS. 3 The emission 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- VerDate Mar<15>2010 15:51 May 08, 2013 Jkt 229001 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. For more information regarding the RACT requirements, including requirements and schedules for sources covered by CTGs, see EPA’s March 13, 2013, proposed rulemaking related to this final action at 78 FR 15895. II. This Action EPA is approving 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 bistate Charlotte Area. Additionally, EPA is approving in part, and conditionally approving 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. Today, EPA is approving 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.5 In addition to the SIP revisions, or portions of SIP revisions for which EPA is taking final approval, NC DENR submitted a letter on August 30, 2012, requesting that EPA conditionally approve portions of previouslysubmitted SIP revisions as they relate to VOC RACT and CTG requirements.6 Specifically, NC DENR committed to submit specific enforceable SIP state Charlotte Area is a moderate nonattainment area. 4 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. 5 SIP revisions submitted on April 6, 2007, June 15, 2007, January 31, 2008, November 19, 2008, and February 3, 2010. 6 SIP revisions submitted on October 14, 2004, April 6, 2007, January 31, 2008, September 18, 2009, and November 9, 2010. See Section III below for additional information regarding the conditional approvals. PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 revisions to provide, within one year of EPA’s final rulemaking, 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 and can be accessed at www.regulations.gov using docket ID: EPA–R04–OAR–2009–0140. Consistent with section 110(k)(4), EPA is conditionally approving 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.7 On March 13, 2013, EPA proposed to approve in part, and conditionally approve in part, the aforementioned SIP revisions provided by NC DENR to address NOX and VOC RACT requirements. See 78 FR 15895. No comments, adverse or otherwise, were received on EPA’s March 13, 2013, proposed rulemaking. EPA has evaluated the proposed revisions to North Carolina’s SIP, and has made the determination that they are consistent with statutory and regulatory requirements and EPA guidance except for the applicability of the CTG VOC requirements to some sources. For further information regarding the conditionally approved rules, see Section II. A. (a), (b), (d), (f), and (i) of the proposed rulemaking for this action. See 78 FR 15895 (March 13, 2013). 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. If the State fails to submit a SIP revision to correct the aforementioned deficiencies by May 9, 2014 today’s conditional approval will automatically become a disapproval on that date and EPA will issue a finding of disapproval. III. Final Action EPA is taking final action to approve, in part, and conditionally approve in part, North Carolina SIP revisions submitted 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 7 South Carolina previously met the RACT requirements for the South Carolina portion of the bi-state Charlotte Area. E:\FR\FM\09MYR1.SGM 09MYR1 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations revisions establish the RACT requirements for the major sources located in the North Carolina portion of the bi-state Charlotte Area. EPA is approving in part, and conditionally approving in part these SIP revisions because they are consistent with the CAA and requirements related to VOC and NOX RACT. tkelley on DSK3SPTVN1PROD with RULES IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 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 approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive 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 VerDate Mar<15>2010 15:51 May 08, 2013 Jkt 229001 • 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 rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 8, 2013. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 27067 Dated: April 29, 2013. A. Stanley Meiburg, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42.U.S.C. 7401 et seq. Subpart II—North Carolina 2. Section 52.1770(c) Table 1, is amended under Subchapter 2D: ■ a. At section .0900 by: ■ i. Adding the entries for ‘‘Sect .0929,’’ ‘‘Sect .0961,’’ ‘‘Sect .0962,’’ ‘‘Sect .0963,’’ ‘‘Sect .0964,’’ ‘‘Sect .0965,’’ ‘‘Sect .0966,’’ ‘‘Sect .0967’’ and ‘‘Sect .0968;’’ and ■ ii. Revising the entries for ‘‘Sect .0901,’’ ‘‘Sect .0902,’’ ‘‘Sect .0909,’’ ‘‘Sect .0912,’’ ‘‘Sect .0913,’’ ‘‘Sect .0914,’’ ‘‘Sect .0915,’’ ‘‘Sect .0916,’’ ‘‘Sect .0917,’’ ‘‘Sect .0920,’’ ‘‘Sect .0921,’’ ‘‘Sect .0922,’’ ‘‘Sect .0923,’’ ‘‘Sect .0927,’’ ‘‘Sect .0930,’’ ‘‘Sect .0932,’’ ‘‘Sect .0933,’’ ‘‘Sect .0934,’’ ‘‘Sect .0935,’’ ‘‘Sect .0936,’’ ‘‘Sect .0939,’’ ‘‘Sect .0940,’’ ‘‘Sect .0941,’’ ‘‘Sect .0942,’’ ‘‘Sect .0943,’’ ‘‘Sect .0945,’’ ‘‘Sect .0951;’’ ■ b. At section .1400 by: ■ i. Revising the title to read ‘‘Section .1400 Nitrogen Oxides;’’ ■ ii. Adding the entries for ‘‘Sect .1407,’’ ‘‘Sect .1408,’’ ‘‘Sect .1410,’’ ‘‘Sect .1411,’’ ‘‘Sect .1412,’’ and ‘‘Sect .1415;’’ and ■ 3. Revising the entries for ‘‘Sect .1402,’’ ‘‘Sect .1403,’’ ‘‘Sect .1404,’’ ‘‘Sect .1409,’’ ‘‘Sect .1416,’’ ‘‘Sect .1417,’’ ‘‘Sect .1418,’’ ‘‘Sect .1419,’’ ‘‘Sect .1420,’’ ‘‘Sect .1421,’’ and ‘‘Sect .1422;’’ and ■ c. By adding a new section entitled ‘‘Section .2600 Source Testing’’ and adding the new entries for ‘‘Sect .2601,’’ ‘‘Sect .2602,’’ ‘‘Sect .2603,’’ ‘‘Sect .2604,’’ ‘‘Sect .2605,’’ ‘‘Sect .2606,’’ ‘‘Sect .2607,’’ ‘‘Sect .2608,’’ ‘‘Sect .2612,’’ ‘‘Sect .2613,’’ ‘‘Sect .2614,’’ ‘‘Sect .2615,’’ and ‘‘Sect .2621’’ to read as follows: ■ § 52.1770 * Identification of plan. * * (c) * * * E:\FR\FM\09MYR1.SGM 09MYR1 * * 27068 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS State citation State effective date Title/subject EPA approval date Explanation Subchapter 2D Air Pollution Control Requirements * * * * Section .0900 * Definitions .................................... 1/1/2009 Sect .0902 ................................... Applicability .................................. 9/1/2010 * * Sect .0909 ................................... * * Sect .0912 ................................... Sect .0913 ................................... Sect .0914 ................................... Sect .0915 ................................... Sect .0916 ................................... Sect .0917 ................................... * * Compliance Schedules for Sources in Nonattainment Areas. * * * 3/13/2008 3/13/2008 3/13/2008 6/1/2008 6/1/2008 9/1/2010 * 9/1/2010 Sect .0921 ................................... Fabric and Vinyl Coating ............. 9/1/2010 Sect .0922 ................................... Metal Furniture Coating ............... 9/1/2010 Sect .0923 ................................... Surface Coating of Large Appliance Parts. 9/1/2010 * tkelley on DSK3SPTVN1PROD with RULES Sect .0927 ................................... * Bulk Gasoline Terminals ............. * * Sect .0929 ................................... VerDate Mar<15>2010 15:51 May 08, 2013 * * Jkt 229001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 * citation of Repealed. citation of Repealed. citation of Repealed. citation of Repealed. citation of Repealed. * * citation of Repealed. citation of Repealed. citation of citation of * * 5/9/2013 [Insert citation of publication]. * 4/6/2010 Conditional approval of rule .0909 as submitted on 4/6/2007, 1/31/2008, 9/18/2009, and 11/9/ 2010. citation of * 6/1/2008 Petroleum Refinery Sources ....... 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. * * * Paper Coatings ............................ * 5/9/2013 [Insert citation of publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. Conditional approval of rule .0902 as submitted on 10/14/2004 (with the exception of the start-up shutdown language as described in Section II. A. a. of EPA’s 3/13/ 2013 proposed rule (78 FR 15895)), 4/6/2007, 1/31/2008, 9/18/2009, and 11/9/2010. * * Sect .0920 ................................... * 5/9/2013 [Insert citation of publication]. 5/9/2013 [Insert citation of publication]. * 9/1/2010 General Provisions on Test Methods and Procedures. Determination of Volatile Content of Surface Coatings. Determination of VOC Emission Control System Efficiency. Determination of Solvent Metal Cleaning VOC Emissions. Determination: VOC Emissions From Bulk Gasoline Terminals. Automobile and Light Duty Truck Manufacturing. * * Volatile Organic Compounds Sect .0901 ................................... * * * 5/9/2013 [Insert citation of publication]. E:\FR\FM\09MYR1.SGM 09MYR1 * Repealed—North Carolina made a negative declaration for VOC emissions from bulk gasoline plants on 4/6/2010. 27069 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued State effective date State citation Title/subject Sect .0930 ................................... Solvent Metal Cleaning ............... * * * Sect .0932 ................................... Sect .0933 ................................... Sect .0934 ................................... Sect .0935 ................................... Sect .0936 ................................... * * Sect .0940 ................................... Sect .0941 ................................... Sect .0942 ................................... Sect .0943 ................................... * * * 9/1/2010 9/1/2010 3/13/2008 3/13/2008 3/13/2008 11/7/2007 * citation of citation of citation of citation of Repealed. citation of Repealed. citation of Repealed. citation of Repealed. citation of * * 5/9/2013 [Insert citation of publication]. * * * Offset Lithographic Printing and Letterpress Printing. 9/1/2010 5/9/2013 [Insert citation of publication]. Sect .0962 ................................... Industrial Cleaning Solvents ........ 9/1/2010 5/9/2013 [Insert citation of publication]. Sect .0963 ................................... Fiberglass Boat Manufacturing .... 9/1/2010 Sect .0964 ................................... 9/1/2010 Sect .0965 ................................... Miscellaneous Industrial Adhesives. Flexible Package Printing ............ 9/1/2010 Sect .0966 ................................... Paper Film and Foil Coatings ...... 9/1/2010 Sect .0967 ................................... Miscellaneous Metal and Plastic Parts Coatings. Automobile and Light Duty Truck Assembly Coatings. 9/1/2010 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. tkelley on DSK3SPTVN1PROD with RULES * * * * Section .1400 VerDate Mar<15>2010 15:51 May 08, 2013 Jkt 229001 PO 00000 Frm 00069 E:\FR\FM\09MYR1.SGM * Conditional approval of rule .0951 as submitted on 11/9/2010. * Conditional approval of rule .0961 as submitted on 11/9/2010. Conditional approval of rule .0962 as submitted on 11/9/2010. citation of citation of citation of citation of citation of * Sfmt 4700 * citation of * Nitrogen Oxides Fmt 4700 * citation of * 9/1/2010 Repealed. * Sect .0961 ................................... Sect .0968 ................................... Repealed. 5/9/2013 [Insert citation of publication]. * 9/1/2010 * citation of * 11/7/2007 RACT for Sources of Volatile Organic 3 Compounds. * 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. * * * * 3/13/2008 Petroleum Dry Cleaning .............. * Sect .0951 ................................... 9/1/2010 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. * * Sect .0945 ................................... 8/1/2004 Determination of Volatile Organic Compound Emissions. Determination of Leak Tightness and Vapor Leaks. Alternative Method for Leak Tightness. Determination of Solvent in Filter Waste. Synthetic Organic Chemical and Polymer Manufacturing. * * 11/7/2007 Explanation 5/9/2013 [Insert citation of publication]. * Gasoline Truck Tanks and Vapor Collection Systems. Petroleum Liquid Storage in External Floating Roof Tanks. Coating of Miscellaneous Metal Parts and Products. Factory Surface Coating of Flat Wood Paneling. Graphic Arts ................................. * Sect .0939 ................................... 6/1/2008 EPA approval date 09MYR1 * 27070 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued State citation * State effective date EPA approval date * * Title/subject * * Sect .1402 ................................... Applicability .................................. 1/1/2010 Sect .1403 ................................... Compliance Schedules ................ 7/1/2007 Sect .1404 ................................... Recordkeeping: Reporting: Monitoring. Boilers and Indirect Process Heaters. Stationary Combustion Turbines 5/1/2004 Sect .1407 ................................... Sect .1408 ................................... Sect .1409 ................................... 7/15/2002 7/15/2002 Sect .1410 ................................... Stationary Internal Combustion Turbines. Emissions Averaging ................... 3/13/2008 Sect .1411 ................................... Seasonal Fuel Switching ............. 3/13/2008 Sect .1412 ................................... Petition for Alternative Limitations 3/13/2008 Sect .1415 ................................... Test Methods and Procedures .... 3/13/2008 Sect .1416 ................................... Emission Allocations for Utility Companies. Emission Allocations for Large Combustion Sources. New Electric Generating Units, Large Boilers, and Large Internal Combustion Engines. Nitrogen Oxide Budget Trading Program. Periodic Review and Reallocations. Allocations for New Growth of Major Point Sources. Compliance Supplement Pool Credits. 3/13/2008 Sect .1417 ................................... Sect .1418 ................................... Sect .1419 ................................... Sect .1420 ................................... Sect .1421 ................................... Sect .1422 ................................... * * * 3/13/2008 3/13/2008 3/13/2008 3/13/2008 3/13/2008 3/13/2008 3/13/2008 * Section .2600 3/13/2008 Sect .2602 ................................... 3/13/2008 Sect .2603 ................................... General Provisions on Test Methods. Testing Protocol ........................... 3/13/2008 Sect .2604 ................................... Number of Test Points ................ 3/13/2008 Sect .2605 ................................... Velocity and Volume Flow Rate .. 3/13/2008 Sect .2606 ................................... Molecular Weight ......................... 3/13/2008 Sect .2607 ................................... Determination of Moisture Content. Number of Runs and Compliance Determination. Nitrogen Oxide Testing Methods 3/13/2008 tkelley on DSK3SPTVN1PROD with RULES Sect .2613 ................................... Sect .2614 ................................... Sect .2615 ................................... Sect .2621 ................................... VerDate Mar<15>2010 15:51 May 08, 2013 Volatile Organic Compound Testing Methods. Determination of VOC Emission Control System. Determination of Leak Tightness and Vapor Leaks. Determination of Fuel Heat Content Using F-Factor. Jkt 229001 PO 00000 Frm 00070 Fmt 4700 3/13/2008 3/13/2008 3/13/2008 3/13/2008 3/13/2008 3/13/2008 Sfmt 4700 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. E:\FR\FM\09MYR1.SGM * citation of citation of citation of citation of citation of citation of citation of citation of citation of citation of citation of Repealed. citation of Repealed. citation of citation of Repealed. citation of Repealed. citation of Repealed. citation of Repealed. * Source Testing Purpose and Scope ..................... Sect .2612 ................................... 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. * * Sect .2601 ................................... Sect .2608 ................................... 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. 5/9/2013 [Insert publication]. Explanation citation of citation of citation of citation of citation of citation of citation of citation of citation of citation of citation of citation of citation of 09MYR1 * 27071 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued State citation * * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [Docket EPA–R10–OAR–2009–0340; FRL– 9794–2] Approval and Promulgation of Air Quality Implementation Plans; Alaska: Mendenhall Valley Nonattainment Area PM10 Limited Maintenance Plan and Redesignation Request Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The EPA is taking direct final action to approve the Limited Maintenance Plan (LMP) for particulate matter with an aerodynamic diameter less than or equal to 10 micrometers (PM10) submitted by the State of Alaska on May 8, 2009, for the Mendenhall Valley nonattainment area (Mendenhall Valley NAA), and to concurrently redesignate the area to attainment for the National Ambient Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). DATES: This direct final rule will be effective July 8, 2013, without further notice, unless the EPA receives adverse comments by June 10, 2013. If adverse comments are received, the EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. The EPA will then address all public comments in a subsequent final rule. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2009–0340, by any of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: R10Public_Comments@epa.gov. • Mail: Keith Rose, EPA Region 10, Office of Air, Waste and Toxics (AWT– 107), 1200 Sixth Avenue, Suite 900, Seattle WA, 98101. SUMMARY: tkelley on DSK3SPTVN1PROD with RULES EPA approval date * * [FR Doc. 2013–10944 Filed 5–8–13; 8:45 am] VerDate Mar<15>2010 State effective date * Title/subject 17:35 May 08, 2013 Jkt 229001 • Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, Suite 900, Seattle WA, 98101. Attention: Keith Rose, Office of Air, Waste and Toxics, AWT–107. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R10–OAR–2009– 0340. The 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 the disclosure of which is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the 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 the 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, the 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 the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the 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. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information the disclosure of which 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. Publicly available docket materials are available either electronically in PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 Explanation * * www.regulations.gov or in hard copy during normal business hours at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle WA, 98101. FOR FURTHER INFORMATION CONTACT: Keith Rose at: (206) 553–1949, rose.keith@epa.gov, or the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is intended to refer to the EPA. Table of Contents I. Background A. PM10 National Ambient Air Quality Standards B. Mendenhall Valley Nonattainment Area and Planning Background C. PM10 Emissions Inventory of the Mendenhall Valley Nonattainment Area II. Requirements for Redesignation A. Clean Air Act (CAA) Requirements for Redesignation of Nonattainment Areas B. The LMP Option for PM10 Nonattainment Areas C. Conformity Under the LMP Option III. Review of the Alaska Submittal Addressing the Requirements for Redesignation and LMP A. Has the Mendenhall Valley NAA attained the applicable NAAQS? B. Does the Mendenhall Valley NAA have a fully approved SIP under Section 110(k) of the CAA? C. Has the State met all applicable requirements under Section 110 and Part D of the CAA? D. Has the State demonstrated that the air quality improvement is due to permanent and enforceable reductions? E. Does the area have a fully approved maintenance plan pursuant to Section 175A of the CAA? F. Has the State demonstrated that the Mendenhall Valley NAA qualifies for the LMP option? G. Does the State have an approved attainment emissions inventory which can be used to demonstrate attainment of the NAAQS? H. Does the LMP include an assurance of continued operation of an appropriate EPA-approved air quality monitoring network, in accordance with 40 CFR Part 58? I. Does the plan meet the CAA requirements for contingency provisions? J. Has the State met conformity requirements? IV. Final Action V. Statutory and Executive Order Reviews E:\FR\FM\09MYR1.SGM 09MYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Rules and Regulations]
[Pages 27065-27071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10944]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0140; FRL-9810-8]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving 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
approving in part, and conditionally approving 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 revisions
to North Carolina's SIP, and has made the determination that they are
consistent, with the exception of applicability for some CTG VOC
sources, with statutory and regulatory requirements and EPA guidance.
With respect to the applicability provisions for the CTG VOC sources
noted above, EPA is finalizing a conditional approval of these
provisions.

DATES: Effective Date: This rule will be effective June 10, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2009-0140. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the 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 a.m. to 4:30 p.m. excluding
federal holidays.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Final Action
IV. 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

[[Page 27066]]

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 moderate nonattainment
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.
---------------------------------------------------------------------------

\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 final
rulemaking regarding RACT is not related to requirements for the
2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------

Section 172(c)(1) of the CAA requires SIPs to provide for the
implementation of all reasonably available control measures (RACM) as
expeditiously as practicable. RACT, a subset of RACM, relates
specifically to stationary point sources. 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. ^{3 4} 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. For more information regarding the RACT
requirements, including requirements and schedules for sources covered
by CTGs, see EPA's March 13, 2013, proposed rulemaking related to this
final action at 78 FR 15895.
---------------------------------------------------------------------------

\3\ The emission 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.

\4\ 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.
---------------------------------------------------------------------------

II. This Action

EPA is approving 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 approving in part, and
conditionally approving 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.
Today, EPA is approving 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.\5\ In addition to the
SIP revisions, or portions of SIP revisions for which EPA is taking
final 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.\6\ Specifically, NC DENR committed to submit specific
enforceable SIP revisions to provide, within one year of EPA's final
rulemaking, 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 and can be accessed at
www.regulations.gov using docket ID: EPA-R04-OAR-2009-0140. Consistent
with section 110(k)(4), EPA is conditionally approving 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.\7\
---------------------------------------------------------------------------

\5\ SIP revisions submitted on April 6, 2007, June 15, 2007,
January 31, 2008, November 19, 2008, and February 3, 2010.
\6\ SIP revisions submitted on October 14, 2004, April 6, 2007,
January 31, 2008, September 18, 2009, and November 9, 2010. See
Section III below for additional information regarding the
conditional approvals.
\7\ South Carolina previously met the RACT requirements for the
South Carolina portion of the bi-state Charlotte Area.
---------------------------------------------------------------------------

On March 13, 2013, EPA proposed to approve in part, and
conditionally approve in part, the aforementioned SIP revisions
provided by NC DENR to address NOX and VOC RACT
requirements. See 78 FR 15895. No comments, adverse or otherwise, were
received on EPA's March 13, 2013, proposed rulemaking. EPA has
evaluated the proposed revisions to North Carolina's SIP, and has made
the determination that they are consistent with statutory and
regulatory requirements and EPA guidance except for the applicability
of the CTG VOC requirements to some sources. For further information
regarding the conditionally approved rules, see Section II. A. (a),
(b), (d), (f), and (i) of the proposed rulemaking for this action. See
78 FR 15895 (March 13, 2013). 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. If the State
fails to submit a SIP revision to correct the aforementioned
deficiencies by May 9, 2014 today's conditional approval will
automatically become a disapproval on that date and EPA will issue a
finding of disapproval.

III. Final Action

EPA is taking final action to approve, in part, and conditionally
approve in part, North Carolina SIP revisions submitted 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

[[Page 27067]]

revisions establish the RACT requirements for the major sources located
in the North Carolina portion of the bi-state Charlotte Area. EPA is
approving in part, and conditionally approving in part these SIP
revisions because they are consistent with the CAA and requirements
related to VOC and NOX RACT.

IV. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 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 approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 8, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

Dated: April 29, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart II--North Carolina

0
2. Section 52.1770(c) Table 1, is amended under Subchapter 2D:
0
a. At section .0900 by:
0
i. Adding the entries for ``Sect .0929,'' ``Sect .0961,'' ``Sect
.0962,'' ``Sect .0963,'' ``Sect .0964,'' ``Sect .0965,'' ``Sect
.0966,'' ``Sect .0967'' and ``Sect .0968;'' and
0
ii. Revising the entries for ``Sect .0901,'' ``Sect .0902,'' ``Sect
.0909,'' ``Sect .0912,'' ``Sect .0913,'' ``Sect .0914,'' ``Sect
.0915,'' ``Sect .0916,'' ``Sect .0917,'' ``Sect .0920,'' ``Sect
.0921,'' ``Sect .0922,'' ``Sect .0923,'' ``Sect .0927,'' ``Sect
.0930,'' ``Sect .0932,'' ``Sect .0933,'' ``Sect .0934,'' ``Sect
.0935,'' ``Sect .0936,'' ``Sect .0939,'' ``Sect .0940,'' ``Sect
.0941,'' ``Sect .0942,'' ``Sect .0943,'' ``Sect .0945,'' ``Sect
.0951;''
0
b. At section .1400 by:
0
i. Revising the title to read ``Section .1400 Nitrogen Oxides;''
0
ii. Adding the entries for ``Sect .1407,'' ``Sect .1408,'' ``Sect
.1410,'' ``Sect .1411,'' ``Sect .1412,'' and ``Sect .1415;'' and
0
3. Revising the entries for ``Sect .1402,'' ``Sect .1403,'' ``Sect
.1404,'' ``Sect .1409,'' ``Sect .1416,'' ``Sect .1417,'' ``Sect
.1418,'' ``Sect .1419,'' ``Sect .1420,'' ``Sect .1421,'' and ``Sect
.1422;'' and
0
c. By adding a new section entitled ``Section .2600 Source Testing''
and adding the new entries for ``Sect .2601,'' ``Sect .2602,'' ``Sect
.2603,'' ``Sect .2604,'' ``Sect .2605,'' ``Sect .2606,'' ``Sect
.2607,'' ``Sect .2608,'' ``Sect .2612,'' ``Sect .2613,'' ``Sect
.2614,'' ``Sect .2615,'' and ``Sect .2621'' to read as follows:

Sec. 52.1770 Identification of plan.

* * * * *
(c) * * *

[[Page 27068]]

Table 1--EPA Approved North Carolina Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section .0900 Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sect .0901........................ Definitions.......... 1/1/2009 5/9/2013 [Insert citation of
publication].
Sect .0902........................ Applicability........ 9/1/2010 5/9/2013 [Insert citation of Conditional approval of rule .0902 as
publication]. submitted on 10/14/2004 (with the
exception of the start-up shutdown
language as described in Section II.
A. a. of EPA's 3/13/2013 proposed
rule (78 FR 15895)), 4/6/2007, 1/31/
2008, 9/18/2009, and 11/9/2010.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sect .0929........................ Petroleum Refinery 4/6/2010 5/9/2013 [Insert citation of Repealed--North Carolina made a
Sources. publication]. negative declaration for VOC
emissions from bulk gasoline plants
on 4/6/2010.

[[Page 27069]]

Sect .0930........................ Solvent Metal 6/1/2008 5/9/2013 [Insert citation of
Cleaning. publication].
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sect .0939........................ Determination of 3/13/2008 5/9/2013 [Insert citation of Repealed.
Volatile Organic publication].
Compound Emissions.
Sect .0940........................ Determination of Leak 3/13/2008 5/9/2013 [Insert citation of Repealed.
Tightness and Vapor publication].
Leaks.
Sect .0941........................ Alternative Method 3/13/2008 5/9/2013 [Insert citation of Repealed.
for Leak Tightness. publication].
Sect .0942........................ Determination of 3/13/2008 5/9/2013 [Insert citation of Repealed.
Solvent in Filter publication].
Waste.
Sect .0943........................ Synthetic Organic 11/7/2007 5/9/2013 [Insert citation of
Chemical and Polymer publication].
Manufacturing.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sect .0945........................ Petroleum Dry 11/7/2007 5/9/2013 [Insert citation of
Cleaning. publication].
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sect .0951........................ RACT for Sources of 9/1/2010 5/9/2013 [Insert citation of Conditional approval of rule .0951 as
Volatile Organic 3 publication]. submitted on 11/9/2010.
Compounds.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section .1400 Nitrogen Oxides
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 27070]]

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sect .1402........................ Applicability........ 1/1/2010 5/9/2013 [Insert citation of
publication].
Sect .1403........................ Compliance Schedules. 7/1/2007 5/9/2013 [Insert citation of
publication].
Sect .1404........................ Recordkeeping: 5/1/2004 5/9/2013 [Insert citation of
Reporting: publication].
Monitoring.
Sect .1407........................ Boilers and Indirect 7/15/2002 5/9/2013 [Insert citation of
Process Heaters. publication].
Sect .1408........................ Stationary Combustion 7/15/2002 5/9/2013 [Insert citation of
Turbines. publication].
Sect .1409........................ Stationary Internal 3/13/2008 5/9/2013 [Insert citation of
Combustion Turbines. publication].
Sect .1410........................ Emissions Averaging.. 3/13/2008 5/9/2013 [Insert citation of
publication].
Sect .1411........................ Seasonal Fuel 3/13/2008 5/9/2013 [Insert citation of
Switching. publication].
Sect .1412........................ Petition for 3/13/2008 5/9/2013 [Insert citation of
Alternative publication].
Limitations.
Sect .1415........................ Test Methods and 3/13/2008 5/9/2013 [Insert citation of
Procedures. publication].
Sect .1416........................ Emission Allocations 3/13/2008 5/9/2013 [Insert citation of Repealed.
for Utility publication].
Companies.
Sect .1417........................ Emission Allocations 3/13/2008 5/9/2013 [Insert citation of Repealed.
for Large Combustion publication].
Sources.
Sect .1418........................ New Electric 3/13/2008 5/9/2013 [Insert citation of
Generating Units, publication].
Large Boilers, and
Large Internal
Combustion Engines.
Sect .1419........................ Nitrogen Oxide Budget 3/13/2008 5/9/2013 [Insert citation of Repealed.
Trading Program. publication].
Sect .1420........................ Periodic Review and 3/13/2008 5/9/2013 [Insert citation of Repealed.
Reallocations. publication].
Sect .1421........................ Allocations for New 3/13/2008 5/9/2013 [Insert citation of Repealed.
Growth of Major publication].
Point Sources.
Sect .1422........................ Compliance Supplement 3/13/2008 5/9/2013 [Insert citation of Repealed.
Pool Credits. publication].
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* * * * * * *
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Section .2600 Source Testing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sect .2601........................ Purpose and Scope.... 3/13/2008 5/9/2013 [Insert citation of
publication].
Sect .2602........................ General Provisions on 3/13/2008 5/9/2013 [Insert citation of
Test Methods. publication].
Sect .2603........................ Testing Protocol..... 3/13/2008 5/9/2013 [Insert citation of
publication].
Sect .2604........................ Number of Test Points 3/13/2008 5/9/2013 [Insert citation of
publication].
Sect .2605........................ Velocity and Volume 3/13/2008 5/9/2013 [Insert citation of
Flow Rate. publication].
Sect .2606........................ Molecular Weight..... 3/13/2008 5/9/2013 [Insert citation of
publication].
Sect .2607........................ Determination of 3/13/2008 5/9/2013 [Insert citation of
Moisture Content. publication].
Sect .2608........................ Number of Runs and 3/13/2008 5/9/2013 [Insert citation of
Compliance publication].
Determination.
Sect .2612........................ Nitrogen Oxide 3/13/2008 5/9/2013 [Insert citation of
Testing Methods. publication].
Sect .2613........................ Volatile Organic 3/13/2008 5/9/2013 [Insert citation of
Compound Testing publication].
Methods.
Sect .2614........................ Determination of VOC 3/13/2008 5/9/2013 [Insert citation of
Emission Control publication].
System.
Sect .2615........................ Determination of Leak 3/13/2008 5/9/2013 [Insert citation of
Tightness and Vapor publication].
Leaks.
Sect .2621........................ Determination of Fuel 3/13/2008 5/9/2013 [Insert citation of
Heat Content Using F- publication].
Factor.
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[[Page 27071]]

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[FR Doc. 2013-10944 Filed 5-8-13; 8:45 am]
BILLING CODE 6560-50-P

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