Approval and Promulgation of Implementation Plans; North Carolina; Control Techniques Guidelines and Reasonably Available Control Technology, 44890-44893 [2013-17833]

Download as PDF 44890 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations TABLE 1–EPA APPROVED TENNESSEE REGULATIONS State citation State effective date Title/subject * * * * CHAPTER 1200–3–9 Section 1200–3–9-.01 ....... Definitions ... * * * * * * [FR Doc. 2013–17842 Filed 7–24–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2009–0140; FRL- 9835–7] Approval and Promulgation of Implementation Plans; North Carolina; Control Techniques Guidelines and Reasonably Available Control Technology Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: On May 1, 2013, the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NC DENR), submitted to EPA a state implementation plan (SIP) revision to satisfy North Carolina’s commitment associated with the conditional approval of its reasonably available control technology (RACT) requirements for volatile organic compound (VOC) sources located in 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 NC DENR May 1, 2013, SIP revision also includes additional changes to North Carolina’s RACT rules. EPA is taking final action to approve a number of these SIP changes to the State’s RACT ehiers on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 13:48 Jul 24, 2013 Jkt 229001 Explanation * 7/25/2013 [Insert citation of publication]. * * 7/25/2013 [Insert citation of publication]—EPA is approving Tennessee’s May 10, 2013, SIP revision to Chapter 1200–3–9-.01 with the exception of the PM2.5 SILs (at 1200–3–9–.01(5)(b)1(xix)) and SMC (at 1200–3–9–.01(4)(d)6(i)(III)) as promulgated in the October 20, 2010, PM2.5 Increments-SILs-SMC Rule. February 7, 2012 (77 FR 6016)—EPA is approving Tennessee’s May 28, 2009, SIP revisions to Chapter 1200–3–9–.01 with the exception of the ‘‘baseline actual emissions’’ calculation revision found at 1200–3–9–.01(4)(b)45(i)(III), (4)(b)45(ii)(IV), (5)(b)1(xlvii)(I)(III) and (5)(b)1(xlvii)(II)(IV) of the submittal. * rules and to convert the existing conditional approval of VOC RACT provisions in the North Carolina SIP to a full approval under the Clean Air Act (CAA or Act). EPA has evaluated the changes to North Carolina’s SIP, and has made the determination that those being approved through this action are consistent with statutory and regulatory requirements and EPA guidance. DATES: Effective Date: This rule will be effective August 26, 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. PO 00000 * CONSTRUCTION AND OPERATING PERMITS 4/24/2013 * * EPA approval date Frm 00020 Fmt 4700 Sfmt 4700 * * 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. FOR FURTHER INFORMATION CONTACT: 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 23858. The bi-state Charlotte Area for the 1997 8-hour ozone NAAQS 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 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\25JYR1.SGM 25JYR1 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations ehiers on DSK2VPTVN1PROD with RULES Townships.2 The South Carolina portion of the bi-state Charlotte Area consists of the portion of York County 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 CAA. Today’s action specifically addresses the North Carolina portion of the bistate Charlotte Area for the 1997 8-hour ozone NAAQS. 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 control techniques guideline (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. 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 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 tons per year (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 for the 1997 8-hour ozone NAAQS 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. VerDate Mar<15>2010 16:30 Jul 24, 2013 Jkt 229001 nonattainment area, a state may submit a negative declaration for that category. On March 13, 2013, EPA proposed to approve in part, and conditionally approve in part, numerous SIP revisions provided by NC DENR to address NOX and VOC RACT requirements. See 78 FR 15895. No comments were received on EPA’s March 13, 2013, proposed rulemaking and on May 9, 2013, EPA took 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. NC DENR submitted a SIP revision on May 1, 2013, to address deficiencies with the State’s VOC RACT rules as identified in the EPA May 9, 2013, conditional approval of North Carolina VOC RACT rules 15A NCAC 02D.0902 (hereafter ‘‘.0902’’), 15A NCAC 02D.0909 (hereafter ‘‘.0909’’), 15A NCAC 02D.0951 (hereafter ‘‘.0951’’), 15A NCAC 02D.0961 (hereafter ‘‘.0961’’) and 15A NCAC 02D.0962 (hereafter ‘‘.0962’’).5 North Carolina’s May 1, 2013, SIP revision also included changes to rule 15A NCAC 02D.0903 (hereafter ‘‘.0903’’).6 On June 7, 2013, EPA proposed to approve portions of North Carolina’s May 1, 2013, SIP revision which included changes to the State’s RACT rules to correct deficiencies and add new changes. See 78 FR 34306. EPA did not receive any comments, adverse or otherwise, on the June 7, 2013, proposed rulemaking related to North Carolina’s May 1, 2013, SIP revision. For more information regarding the RACT requirements, including requirements and schedules for sources covered by CTGs, see EPA’s March 13, 2013, proposed rulemaking (78 FR 15895), the May 9, 2013, final rulemaking (78 FR 27065) and the June 7, 2013, proposed rulemaking related to this final action at 78 FR 34306. II. This Action EPA is approving portions of the May 1, 2013, SIP revision submitted to EPA by the State of North Carolina, through NC DENR, to address the NOX RACT requirements for the North Carolina 5 Although published on May 9, 2013, EPA’s conditional approval final action was signed on April 29, 2013, prior to the Agency’s receipt of the May 1, 2013, North Carolina submission to address the State’s conditional approval commitments. 6 A change to rule 15A NCAC 02Q.0102 (hereafter ‘‘.0102’’) is also included in the May 1, 2013, SIP revision. In today’s rulemaking, EPA is not taking action on North Carolina’s changes to rule .0102. EPA will contemplate action on these changes in a separate action. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 44891 portion of the bi-state Charlotte Area. Specifically, EPA is approving the entirety of the May 1, 2013, SIP revision with the exception of the revisions related to section .0102. Because EPA is approving these revisions to the State’s RACT rules, the Agency is also, through this action, converting the existing conditional approval of VOC RACT provisions in the North Carolina SIP to a full approval under the CAA. These SIP revisions, along with revisions approved on May 9, 2013, (78 FR 27065) 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. III. Final Action EPA is taking final action to approve portions of the May 1, 2013, SIP revision to the State’s RACT rules and converting the existing conditional approval of VOC RACT provisions in the North Carolina SIP to a full approval under the CAA. Together, this SIP revision, and those referenced in the May 9, 2013, (78 FR 27065) action establish the RACT requirements for the major sources located in the North Carolina portion of the bi-state Charlotte Area. EPA is taking final action on the May 1, 2013, SIP revision because it is 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 E:\FR\FM\25JYR1.SGM 25JYR1 44892 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 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 September 23, 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: July 12, 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 at section .0900 by revising the entries for ‘‘Sect .0902,’’ ‘‘Sect .0903,’’ ‘‘Sect .0951,’’ ‘‘Sect .0961,’’ ‘‘Sect .0962,’’ to read as follows: ■ § 52.1770 * Identification of plan. * * (c) * * * * * TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS State citation State effective date Title/subject Subchapter 2D * * * * * * Explanation Air Pollution Control Requirements Section .0900 * EPA approval date * * Volatile Organic Compounds * * * Sect .0902 ......... Applicability ................................... 5/1/2013 7/25/13, [Insert citation of publication]. Sect .0903 ......... Recordkeeping: Reporting, Monitoring. 5/1/2013 * 7/25/13, [Insert citation of publication]. * * Sect .0909 ......... ehiers on DSK2VPTVN1PROD with RULES * * in * Schedules for Nonattainment * Sect .0951 ......... VerDate Mar<15>2010 Compliance Sources Areas. * * Jkt 229001 PO 00000 Frm 00022 5/1/2013 Fmt 4700 * * 7/25/13, [Insert citation of publication]. * RACT for Sources of Volatile Organic Compounds. 13:48 Jul 24, 2013 5/1/2013 * This approval does not include the start-up shutdown language as described in Section II.A.a. of EPA’s 3/13/2013 proposed rule (78 FR 15895). * * 7/25/13, [Insert citation of publication]. Sfmt 4700 E:\FR\FM\25JYR1.SGM 25JYR1 * Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 44893 TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued State citation * * Sect .0961 ......... Sect .0962 ......... * * * * * * * BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 10–90; DA 13–1113, FCC 13–73] Connect America Fund Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of six months, an information collection associated with the Commission’s Universal Service— Connect America Fund, Report and Order, 78 FR 32991, June 3, 2013 and Report and Order, 78 FR 38227, June 26, 2013 (Orders). The Commission submitted new information collection requirements for review and approval by OMB, as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–3520), 78 FR 34097, June 6, 2013, which were approved by the OMB on July 9, 2013. This notice is consistent with the Orders, which stated that the Commission would publish a document in the Federal Register announcing the effective date of new information collection requirements. DATES: The rules associated with the Connect America Phase II challenge process published at 78 FR 32991, June 3, 2013 and 47 CFR 54.312(c)(4) through (6), 54.312(c)(8), and 54.313(b) published at 78 FR 38227, June 26, 2013, is effective July 25, 2013. FOR FURTHER INFORMATION CONTACT: Ryan Yates, Wireline Competition Bureau at (202) 418–7400 or TTY (202) 418–0484. ehiers on DSK2VPTVN1PROD with RULES SUMMARY: 13:48 Jul 24, 2013 5/1/2013 5/1/2013 * Jkt 229001 * Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on July 9, 2013, for the rules associated with the Connect America Phase II challenge process and the information collection requirements contained in the Commission’s rules at 47 CFR 54.312(c)(4) through (c)(6), 54.312(c)(8) and 54.313(b). Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. Frm 00023 Fmt 4700 * * This document announces that, on July 9, 2013, OMB approved, for a period of six months, the information collection requirements contained in the Commission’s Orders, DA 13–1113, published at 78 FR 32991, June 3, 2013 and FCC 13–73, published at 78 FR 38227, June 26, 2013. The OMB Control Number is 3060–1188. The Commission publishes this notice as an announcement of the effective date of the rules associated with the Connect America Phase II challenge process and 47 CFR 54.312(c)(4) through (c)(6), 54.312(c)(8) and 54.313(b). If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Judith B. Herman, Federal Communications Commission, Room 1– C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060–1188, in your correspondence. The Commission will also accept your comments via email please send them to PRA@fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). PO 00000 Explanation * 7/25/13, [Insert citation of publication]. 7/25/13, [Insert citation of publication]. SUPPLEMENTARY INFORMATION: [FR Doc. 2013–17833 Filed 7–24–13; 8:45 am] VerDate Mar<15>2010 EPA approval date * Offset Lithographic Printing and Letterpress Printing. Industrial Cleaning Solvents ......... * * State effective date Title/subject Sfmt 4700 * * No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060–1188. The foregoing notice is required by the Paperwork Reduction Act of 1995, Pub. L. 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–1188. OMB Approval Date: July 9, 2013. OMB Expiration Date: January 31, 2014. Title: Connect America Challenge Process and Certifications, WC Docket No. 10–90. Form No.: FCC Form 505. Respondents: Business or other forprofit, not-for-profit institutions, and state, local or tribal government. Number of Respondents and Responses: 113 respondents; 113 responses. Estimated Time per Response: 10 hours to 20 hours. Frequency of Response: On occasion reporting requirement and third party disclosure requirements. Obligation To Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. sections. Total Annual Burden: 1,260 hours. Total Annual Cost: N/A. Nature and Extent of Confidentiality: The Commission is not requesting that respondents submit confidential information to the Commission. However, respondents may request materials or information submitted to the Commission or to the Administrator be withheld from public inspection under 47 CFR 0.459 of the Commission’s rules. We note that USAC must preserve the confidentiality of all data obtained from respondents; must not use the data except for purposes of administering the universal service programs; and must not disclose data in E:\FR\FM\25JYR1.SGM 25JYR1

Agencies

[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Rules and Regulations]
[Pages 44890-44893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17833]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0140; FRL- 9835-7]


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: On May 1, 2013, the State of North Carolina, through the North 
Carolina Department of Environment and Natural Resources (NC DENR), 
submitted to EPA a state implementation plan (SIP) revision to satisfy 
North Carolina's commitment associated with the conditional approval of 
its reasonably available control technology (RACT) requirements for 
volatile organic compound (VOC) sources located in 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 NC DENR May 1, 2013, SIP revision 
also includes additional changes to North Carolina's RACT rules. EPA is 
taking final action to approve a number of these SIP changes to the 
State's RACT rules and to convert the existing conditional approval of 
VOC RACT provisions in the North Carolina SIP to a full approval under 
the Clean Air Act (CAA or Act). EPA has evaluated the changes to North 
Carolina's SIP, and has made the determination that those being 
approved through this action are consistent with statutory and 
regulatory requirements and EPA guidance.

DATES: Effective Date: This rule will be effective August 26, 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 23858. The bi-state Charlotte Area for the 1997 8-
hour ozone NAAQS 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

[[Page 44891]]

Townships.\2\ The South Carolina portion of the bi-state Charlotte Area 
consists of the portion of York County 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 CAA. Today's action specifically 
addresses the North Carolina portion of the bi-state Charlotte Area for 
the 1997 8-hour ozone NAAQS. 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 final 
rulemaking regarding RACT is not related to requirements for the 
2008 8-hour ozone NAAQS.
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    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 control techniques guideline (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.
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    \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 tons per year (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 for the 1997 8-hour ozone 
NAAQS 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.
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    On March 13, 2013, EPA proposed to approve in part, and 
conditionally approve in part, numerous SIP revisions provided by NC 
DENR to address NOX and VOC RACT requirements. See 78 FR 
15895. No comments were received on EPA's March 13, 2013, proposed 
rulemaking and on May 9, 2013, EPA took 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.
    NC DENR submitted a SIP revision on May 1, 2013, to address 
deficiencies with the State's VOC RACT rules as identified in the EPA 
May 9, 2013, conditional approval of North Carolina VOC RACT rules 15A 
NCAC 02D.0902 (hereafter ``.0902''), 15A NCAC 02D.0909 (hereafter 
``.0909''), 15A NCAC 02D.0951 (hereafter ``.0951''), 15A NCAC 02D.0961 
(hereafter ``.0961'') and 15A NCAC 02D.0962 (hereafter ``.0962'').\5\ 
North Carolina's May 1, 2013, SIP revision also included changes to 
rule 15A NCAC 02D.0903 (hereafter ``.0903'').\6\ On June 7, 2013, EPA 
proposed to approve portions of North Carolina's May 1, 2013, SIP 
revision which included changes to the State's RACT rules to correct 
deficiencies and add new changes. See 78 FR 34306. EPA did not receive 
any comments, adverse or otherwise, on the June 7, 2013, proposed 
rulemaking related to North Carolina's May 1, 2013, SIP revision.
---------------------------------------------------------------------------

    \5\ Although published on May 9, 2013, EPA's conditional 
approval final action was signed on April 29, 2013, prior to the 
Agency's receipt of the May 1, 2013, North Carolina submission to 
address the State's conditional approval commitments.
    \6\ A change to rule 15A NCAC 02Q.0102 (hereafter ``.0102'') is 
also included in the May 1, 2013, SIP revision. In today's 
rulemaking, EPA is not taking action on North Carolina's changes to 
rule .0102. EPA will contemplate action on these changes in a 
separate action.
---------------------------------------------------------------------------

    For more information regarding the RACT requirements, including 
requirements and schedules for sources covered by CTGs, see EPA's March 
13, 2013, proposed rulemaking (78 FR 15895), the May 9, 2013, final 
rulemaking (78 FR 27065) and the June 7, 2013, proposed rulemaking 
related to this final action at 78 FR 34306.

II. This Action

    EPA is approving portions of the May 1, 2013, SIP revision 
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. Specifically, EPA is approving 
the entirety of the May 1, 2013, SIP revision with the exception of the 
revisions related to section .0102. Because EPA is approving these 
revisions to the State's RACT rules, the Agency is also, through this 
action, converting the existing conditional approval of VOC RACT 
provisions in the North Carolina SIP to a full approval under the CAA. 
These SIP revisions, along with revisions approved on May 9, 2013, (78 
FR 27065) 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.

III. Final Action

    EPA is taking final action to approve portions of the May 1, 2013, 
SIP revision to the State's RACT rules and converting the existing 
conditional approval of VOC RACT provisions in the North Carolina SIP 
to a full approval under the CAA. Together, this SIP revision, and 
those referenced in the May 9, 2013, (78 FR 27065) action establish the 
RACT requirements for the major sources located in the North Carolina 
portion of the bi-state Charlotte Area. EPA is taking final action on 
the May 1, 2013, SIP revision because it is 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

[[Page 44892]]

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 September 23, 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: July 12, 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 at 
section .0900 by revising the entries for ``Sect .0902,'' ``Sect 
.0903,'' ``Sect .0951,'' ``Sect .0961,'' ``Sect .0962,'' to read as 
follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                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 .0902.................  Applicability........        5/1/2013  7/25/13, [Insert       This approval does
                                                                     citation of            not include the
                                                                     publication].          start-up shutdown
                                                                                            language as
                                                                                            described in Section
                                                                                            II.A.a. of EPA's 3/
                                                                                            13/2013 proposed
                                                                                            rule (78 FR 15895).
Sect .0903.................  Recordkeeping:               5/1/2013  7/25/13, [Insert
                              Reporting,                             citation of
                              Monitoring.                            publication].
 
                                                  * * * * * * *
Sect .0909.................  Compliance Schedules         5/1/2013  7/25/13, [Insert       .....................
                              for Sources in                         citation of
                              Nonattainment Areas.                   publication].
 
                                                  * * * * * * *
Sect .0951.................  RACT for Sources of          5/1/2013  7/25/13, [Insert       .....................
                              Volatile Organic                       citation of
                              Compounds.                             publication].
 

[[Page 44893]]

 
                                                  * * * * * * *
Sect .0961.................  Offset Lithographic          5/1/2013  7/25/13, [Insert       .....................
                              Printing and                           citation of
                              Letterpress Printing.                  publication].
Sect .0962.................  Industrial Cleaning          5/1/2013  7/25/13, [Insert       .....................
                              Solvents.                              citation of
                                                                     publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-17833 Filed 7-24-13; 8:45 am]
BILLING CODE 6560-50-P
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