Air Plan Approval; North Carolina; Volatile Organic Compound Regulations, 38441-38448 [2023-12581]

Download as PDF Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. The EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ The EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ NCDEQ did not evaluate EJ considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. The EPA did not perform an EJ analysis and did not consider EJ in this proposed action. Due to the nature of the action being proposed here, this proposed action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this proposed action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving EJ for people of color, low-income populations, and Indigenous peoples. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. VerDate Sep<11>2014 17:07 Jun 12, 2023 Jkt 259001 Dated: June 6, 2023. Jeaneanne Gettle, Acting Regional Administrator, Region 4. [FR Doc. 2023–12601 Filed 6–12–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2021–0618; FRL–9242–01– R4] Air Plan Approval; North Carolina; Volatile Organic Compound Regulations Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision to the North Carolina SIP, submitted by the State of North Carolina through the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality (NCDAQ), via a letter dated April 13, 2021. This SIP revision updates several NCDEQ air regulations which apply to sources that emit volatile organic compounds (VOC). DATES: Comments must be received on or before July 13, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2021–0618 at www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit www2.epa.gov/dockets/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management SUMMARY: PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 38441 Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. Ms. Spann can be reached via electronic mail at spann.jane@epa.gov or via telephone at (404) 562–9029. SUPPLEMENTARY INFORMATION: I. What action is EPA proposing to take? EPA is proposing to approve changes to North Carolina’s SIP that were provided to EPA through NCDAQ via a letter dated April 13, 2021.1 Specifically, EPA is proposing to approve changes to 15A North Carolina Administrative Code (NCAC) Subchapter 02D, Section .0900, Volatile Organic Compounds (hereinafter referred to as Section .0900).2 The April 13, 2021, revision to the North Carolina SIP transmits a few substantive changes and a number of changes that do not alter the meaning of the regulations such as clarifying changes, updated cross-references, and several ministerial language changes. In addition, other changes include adding, deleting, and editing definitions and adding SIPstrengthening language. II. EPA’s Analysis of the State’s Submittal North Carolina’s Section .0900 rules regulate sources that emit greater than or equal to 15 pounds of VOC per day, unless otherwise specified in Section .0900. Most of the SIP changes to Section .0900 are ministerial and formatting changes, with clarifying changes throughout. EPA is proposing to approve the changes to Rules .0901, Definitions; .0902, Applicability; .0903, Recordkeeping: Reporting: Monitoring; .0906, Circumvention; .0909, Compliance Schedules for Sources in Ozone Nonattainment and Maintenance Areas; .0912, General Provisions on Test Methods and Procedures; .0918, Can Coating; .0919, Coil Coating; .0922, Metal Furniture Coatings; .0923, Surface Coating of Large Appliance Parts; .0924, Magnet Wire Coating; .0925, Petroleum Liquid Storage in Fixed Roof Tanks; .0928, Gasoline Service Stations Stage 1; .0930, Solvent Metal Cleaning; .0931, Cutback Asphalt; .0933, Petroleum 1 EPA notes that the submittal was received through the State Planning Electronic Collaboration System (SPeCS) on April 14, 2021. For clarity, this notice will refer to the submittal by the date on the cover letter, which is April 13, 2021. 2 EPA notes that the Agency received several submittals revising the North Carolina SIP that were transmitted with the same April 13, 2021, cover letter. EPA has considered will be considering action for these other SIP revisions in separate rulemakings. E:\FR\FM\13JNP1.SGM 13JNP1 38442 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 Liquid Storage in External Floating Roof Tanks; .0935, Factory Surface Coating of Flat Wood Paneling; .0937, Manufacture of Pneumatic Rubber Tires; .0943, Synthetic Organic Chemical and Polymer Manufacturing; .0944, Manufacture of Polyethylene: Polypropylene and Polystyrene; .0945 Petroleum Dry Cleaning; .0947, Manufacture of Synthesized Pharmaceutical Products; .0948, VOC Emissions from Transfer Operations; .0949, Storage of Miscellaneous Volatile Organic Compounds; .0951, RACT For Sources of Volatile Organic Compounds; .0955, Thread Bonding Manufacturing; .0956, Glass Christmas Ornament Manufacturing; .0957, Commercial Bakeries; .0961, Offset Lithographic Printing and Letterpress Printing; .0962, Industrial Cleaning Solvents; .0963, Fiberglass Boat Manufacturing Materials; .0964, Miscellaneous Industrial Adhesives; .0965, Flexible Package Printing; .0966, Paper, Film and Foil Coatings; .0967, Miscellaneous Metal and Plastic Parts Coatings; and .0968, Automobile and Light Duty Truck Assembly Coatings.3 EPA’s analysis of each aforementioned rule change included in the April 13, 2021, SIP revision is below: a. Rule .0901, Definitions Rule .0901 includes definitions that apply to Section .0900 rules. The April 13, 2021, revision does not include any substantive changes to Rule .0901 but includes only minor wording, formatting, administrative and technical changes, e.g., in the definition of ‘‘loading rack,’’ changing a reference to ‘‘tank truck or trailer’’ to ‘‘cargo tank,’’ which corresponds to the addition of the definition of ‘‘cargo tank’’ in Rule .0926.4 Changes to Rule .0901 also include updates to American Society for Testing and Materials (ASTM) and American Petroleum Institute (API) bulletin references that are appropriate because the references have become outdated, incorporation by reference of an API document, and an update to the formatting of rule references. The State of North Carolina originally adopted Rule .0901 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, SIP revision with respect to Rule .0901 because, as minor, non-substantive changes, they will not impact air quality 3 Hereinafter, the North Carolina Rules will be identified by ‘‘Rule’’ and the accompanying number, e.g., Rule .0901. 4 Changes to Rule .0926 submitted with the April 13, 2021, cover letter will be considered for action in a separate rulemaking. VerDate Sep<11>2014 17:07 Jun 12, 2023 Jkt 259001 and thus will not interfere with any applicable Clean Air Act (CAA or Act) requirements.5 impact air quality and thus they will not interfere with any applicable CAA requirements. b. Rule .0902, Applicability Rule .0902 outlines the applicability parameters for Section .0900 rules. The April 13, 2021, revision does not include any substantive changes to Rule .0902 but includes minor changes to update the formatting of rule references and makes minor wording changes including changing ‘‘truck tanks’’ to ‘‘cargo tanks,’’ which corresponds to the addition of the definition of ‘‘cargo tank’’ in Rule .0926.6 Rule .0902(c) is changed to refer to exclusions found in Rule .0902(d) instead of Rule .0902(d)(1). Rule .0902(d)(2) is not currently approved into the North Carolina SIP. Because the Rule .0902(d) reference effectively includes only Rule .0902(d)(1) for SIP purposes, EPA is proposing to approve the revised version of Rule .0902(c) except as it refers to Rule .0902(d)(2). Also, Rule .0902(f) adds the date January 2, 2014, for clarification related to identifying certain moderate nonattainment areas required to address Control Technique Guidelines (CTGs). The State of North Carolina originally adopted Rule .0902 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to approve the April 13, 2021, updates to Rule .0902 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. d. Rule .0906, Circumvention c. Rule .0903, Recordkeeping: Reporting: Monitoring Rule .0903 outlines the recordkeeping, reporting, and monitoring requirements for Section .0900 rules. The April 13, 2021, revision does not include substantive changes to Rule .0903 but only makes minor grammatical edits and updates the formatting of a rule reference. These changes clarify the meaning of the previously SIP-approved version of the rule. EPA most recently incorporated updates to Rule .0903 into the North Carolina SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to approve the updates to Rule .0903 because, as minor, non-substantive changes, they will not 5 Section 110(l) of the CAA prohibits EPA from approving a SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the Act. 6 See n.4. PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 Rule .0906 outlines the restriction of concealing VOC emissions related to the Section .0900 rules. The April 13, 2021, revision does not include substantive changes to Rule .0906 but includes minor grammatical edits. These edits clarify but do not change the meaning of the previously SIP-approved version. The State of North Carolina originally adopted Rule .0906 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on December 19, 1986. See 51 FR 45468. EPA is proposing to approve the April 13, 2021, updates to Rule .0906 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. e. Rule .0909, Compliance Schedules for Sources in Ozone Nonattainment and Maintenance Areas Rule .0909 outlines compliance schedules for sources in ozone nonattainment areas and those nonattainment areas that have been redesignated to attainment (i.e., maintenance areas), as they relate to the Section .0900 rules. The April 13, 2021, revision does not include substantive changes to Rule .0909 but includes minor grammatical and wording edits and updates the formatting of rule references. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0909 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to approve the April 13, 2021, updates to Rule .0909 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. f. Rule .0912, General Provisions on Test Methods and Procedures Rule .0912 outlines general provisions on test methods and procedures related to Section .0900 rules. The April 13, 2021, revision does not include substantive changes to Rule .0912 but includes minor grammatical edits and updates the formatting of a rule reference. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. E:\FR\FM\13JNP1.SGM 13JNP1 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Proposed Rules The State of North Carolina originally adopted Rule .0912 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0912 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. ddrumheller on DSK120RN23PROD with PROPOSALS1 g. Rule .0918, Can Coating Rule .0918 outlines VOC-related provisions for can coating operations in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0918 but includes minor administrative, grammatical, and wording edits and updates the formatting of a rule reference. Also, Rule .0918 is revised to limit the applicability of Rule .0918(d) to sources controlling VOC prior to July 1, 2000, to reflect that, while Rule .0918 already references Rule .0518, Rule .0518 was repealed on July 1, 2000. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0918 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to approve the April 13, 2021, updates to Rule .0918 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. h. Rule .0919, Coil Coating Rule .0919 outlines VOC-related provisions for coil coating operations in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0919 but includes minor administrative and clarifying word changes, e.g., a change to clarify that Rule .0919 applies to VOC that come from coating applicators. Also, Rule .0919 is revised to limit the applicability of Rule .0919(d) to sources controlling VOC prior to July 1, 2000, to reflect that, while Rule .0919 already references Rule .0518, Rule .0518 was repealed on July 1, 2000. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0919 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to approve the April 13, 2021, updates to Rule .0919 because, as minor, non-substantive changes, they VerDate Sep<11>2014 17:07 Jun 12, 2023 Jkt 259001 will not impact air quality and thus they will not interfere with any applicable CAA requirements. i. Rule .0922, Metal Furniture Coatings Rule .0922 outlines VOC-related provisions for metal furniture coating operations in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0922 but includes minor administrative and grammatical edits, updates the formatting of rule references, and updates references to federal regulations. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0922 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0922 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. j. Rule .0923, Surface Coating of Large Appliance Parts Rule .0923 outlines VOC-related provisions for surface coating operations for large appliance parts in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0923 but includes minor administrative and grammatical edits, updates the formatting of rule references, and updates references to federal regulations. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0923 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0923 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. k. Rule .0924, Magnet Wire Coating Rule .0924 outlines VOC-related provisions for magnet wire coating operations in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0924 but includes minor administrative and clarifying word changes, e.g., a change clarifies that Rule .0924 applies to VOC from the oven(s) of magnet wire coating operations. Also, Rule .0924 is revised to limit Rule .0924(d) to sources PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 38443 controlling VOC prior to July 1, 2000, to reflect that, while Rule .0924 already references Rule .0518, Rule .0518 was repealed July 1, 2000. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0924 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to approve the April 13, 2021, updates to Rule .0924 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. l. Rule .0925, Petroleum Liquid Storage in Fixed Roof Tanks Rule .0925 outlines VOC-related provisions for petroleum liquid storage in fixed roof tanks in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0925 but makes minor administrative, grammatical, and wording edits, technical corrections such as changing vapor pressure ‘‘psia’’ to ‘‘pounds per square inch,’’ and updates to the formatting of rule references. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0925 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on June 23, 1994. See 59 FR 32362. EPA is proposing to approve the April 13, 2021, updates to Rule .0925 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. m. Rule .0928, Gasoline Service Stations Stage 1 Rule .0928 outlines VOC-related provisions for gasoline service stations stage 1 controls in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0928 but makes minor administrative and grammatical edits, as well as technical corrections such as changing Reid vapor pressure ‘‘psia’’ to ‘‘pounds per square inch,’’ changing references to ‘‘tank trucks or trailers’’ to ‘‘cargo tanks’’ which corresponds to the addition of the definition of ‘‘cargo tank’’ in Rule .0926,7 and changing ‘‘Dual point system’’ to ‘‘Dual point vapor recovery system.’’ Changes to Rule .0928 also alphabetize definitions and update the formatting of rule references. These 7 See E:\FR\FM\13JNP1.SGM n.4. 13JNP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 38444 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Proposed Rules changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0928 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to approve the April 13, 2021, updates to Rule .0928 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. These changes clarify and strengthen the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0931 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on June 23, 1994. See 59 FR 32362. EPA is proposing to approve the April 13, 2021, updates to Rule .0931 because both the substantive and minor, non-substantive changes will not adversely impact air quality and thus will not interfere with any applicable CAA requirements. n. Rule .0930, Solvent Metal Cleaning Rule .0930 outlines VOC-related provisions for solvent metal cleaning in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0930 but includes minor administrative and grammatical edits and updates the formatting of rule references. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0930 in 1979. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0930 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. p. Rule .0933, Petroleum Liquid Storage in External Floating Roof Tanks Rule .0933 outlines VOC-related provisions for petroleum liquid storage in external floating roof tanks in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0933 but includes minor administrative and grammatical edits, updates the formatting of rule references, and clarifies that the routine visual inspections referenced in paragraph (d) are done to verify the conditions of the seal. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0933 in 1980. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0933 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. o. Rule .0931, Cutback Asphalt Rule .0931 outlines VOC-related provisions for cutback asphalt in North Carolina. The April 13, 2021, revision includes substantive and nonsubstantive changes to Rule .0931. The substantive changes include adding paving roads, sidewalks, airfields, runways, taxiways, and parking aprons to the list of applicable purposes of the manufacture and use of cutback asphalts. The substantive changes also include the removal of an exclusion for cutback asphalt used for a tack coat for the purpose of patch work not to exceed 1672 square meters (2000 square yards). These substantive changes are approvable because they are considered SIP-strengthening. The non-substantive changes are minor administrative and grammatical edits including the removal of the definition of ‘‘Emulsified asphalt’’ (a term which does not appear elsewhere in Rule .0931 and thus seemingly need not be defined) and a minor technical clarification specifying that the Federal Aviation Administration (FAA) Weather Station referenced in paragraph (c) is the FAA Surface Weather Observation Station. VerDate Sep<11>2014 17:07 Jun 12, 2023 Jkt 259001 q. Rule .0935, Factory Surface Coating of Flat Wood Paneling Rule .0935 outlines VOC-related provisions for factory surface coating of flat wood paneling operations in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0935 but includes minor administrative and grammatical edits and updates the formatting of rule references. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0935 in 1980. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0935 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 r. Rule .0937, Manufacture of Pneumatic Rubber Tires Rule .0937 outlines VOC-related provisions for manufacture of pneumatic rubber tires in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0937 but includes minor administrative and grammatical edits. These changes clarify but do not change the meaning of the previously SIPapproved version of the rule. The State of North Carolina originally adopted Rule .0937 in 1980. EPA most recently approved amendments to the state rule in North Carolina’s SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to approve the April 13, 2021, updates to Rule .0937 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. s. Rule .0943, Synthetic Organic Chemical and Polymer Manufacturing Rule .0943 outlines VOC-related provisions for synthetic organic chemical and polymer manufacturing in North Carolina. The April 13, 2021, revision includes mostly nonsubstantive changes to Rule .0943, such as minor administrative and grammatical edits and updates to the formatting of rule references, which clarify but do not change the meaning of the previously SIP-approved version of the rule. The SIP revision also includes a substantive, SIPstrengthening change: in Rule .0943(i), the change from stating that the Director ‘‘shall’’ allow less frequent emissions monitoring to stating that the Director ‘‘may’’ allow it. The State of North Carolina originally adopted Rule .0943 in 1985. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0943 because, as minor, non-substantive changes or strengthening changes, they will not negatively impact air quality and thus they will not interfere with any applicable CAA requirements. t. Rule .0944, Manufacture of Polyethylene: Polypropylene and Polystyrene Rule .0944 outlines VOC-related provisions for manufacture of polyethylene (polypropylene and polystyrene) in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0944 but includes minor administrative and grammatical edits and updates the E:\FR\FM\13JNP1.SGM 13JNP1 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Proposed Rules formatting of rule references. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0944 in 1985. EPA most recently approved amendments to the state rule in North Carolina’s SIP on November 19, 1986. See 51 FR 41786. EPA is proposing to approve the April 13, 2021, updates to Rule .0944 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. ddrumheller on DSK120RN23PROD with PROPOSALS1 u. Rule .0945, Petroleum Dry Cleaning Rule .0945 outlines VOC-related provisions for petroleum dry cleaning in North Carolina. The April 13, 2021, revision includes mostly nonsubstantive changes to Rule .0945, such as minor administrative and grammatical edits and updates to the formatting of rule references, which clarify but do not change the meaning of the previously SIP-approved version of the rule. The SIP revision also includes a substantive, SIPstrengthening change: in Rule .0945(g), adding a retention requirement for records of compliance tests. The State of North Carolina originally adopted Rule .0945 in 1985. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0945 because, as minor, non-substantive changes or strengthening changes, they will not negatively impact air quality and thus they will not interfere with any applicable CAA requirements. v. Rule .0947, Manufacture of Synthesized Pharmaceutical Products Rule .0947 outlines VOC-related provisions for manufacture of synthesized pharmaceutical products in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0947 but includes minor administrative and grammatical edits, updates the formatting of rule references and clarifies in paragraph (c) when controlling VOC emissions from synthesized pharmaceutical products manufacturing facility storage tanks that pressure/vacuum conservation tanks shall be set at plus or minus 0.8 inches of water instead of set at 0.8 inches of water. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0947 in 1994. EPA most recently approved amendments to the state rule in North Carolina’s SIP on VerDate Sep<11>2014 17:07 Jun 12, 2023 Jkt 259001 May 5, 1995. See 60 FR 22283. EPA is proposing to approve the April 13, 2021, updates to Rule .0947 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. w. Rule .0948, VOC Emissions from Transfer Operations Rule .0948 outlines provisions for VOC emissions from transfer operations in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0948 but makes minor administrative and grammatical edits such as changing ‘‘tank trucks, trailers’’ to ‘‘cargo tanks,’’ which corresponds to the addition of the definition of ‘‘cargo tank’’ in Rule .0926, and updates the formatting of rule references. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0948 in 1994. EPA most recently approved amendments to the state rule in North Carolina’s SIP on August 27, 2001. See 66 FR 34117. EPA is proposing to approve the April 13, 2021, updates to Rule .0948 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. x. Rule .0949, Storage of Miscellaneous Volatile Organic Compounds Rule .0949 outlines provisions for storage of miscellaneous VOC in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0949 but includes minor administrative and grammatical edits and updates the formatting of rule references. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0949 in 1994. EPA most recently approved amendments to the state rule in North Carolina’s SIP on August 27, 2001. See 66 FR 34117. EPA is proposing to approve the April 13, 2021, updates to Rule .0949 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. y. Rule .0951, RACT for Sources of Volatile Organic Compounds Rule .0951 outlines provisions for RACT for sources of VOC in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0951 but includes minor administrative and grammatical edits PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 38445 and updates the formatting of rule references. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0951 in 1994. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0951 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. z. Rule .0955, Thread Bonding Manufacturing Rule .0955 outlines VOC provisions for thread bonding manufacturing in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0955 but includes minor administrative and grammatical edits and updates the formatting of rule references. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0955 in 1995. EPA most recently approved amendments to the state rule in North Carolina’s SIP on February 1, 1996. See 61 FR 3588. EPA is proposing to approve the April 13, 2021, updates to Rule .0955 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. aa. Rule .0956, Glass Christmas Ornament Manufacturing Rule .0956 outlines VOC provisions glass Christmas ornament manufacturing in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0956 but includes minor administrative and grammatical edits. These changes clarify but do not change the meaning of the previously SIP-approved version of the rule. The State of North Carolina originally adopted Rule .0956 in 1995. EPA most recently approved amendments to the state rule in North Carolina’s SIP on February 1, 1996. See 61 FR 54362. EPA is proposing to approve the April 13, 2021, updates to Rule .0956 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. bb. Rule .0957, Commercial Bakeries Rule .0957 outlines VOC provisions at commercial bakeries in North Carolina. E:\FR\FM\13JNP1.SGM 13JNP1 38446 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Proposed Rules The April 13, 2021, revision does not include substantive changes to Rule .0957 but includes minor administrative and grammatical edits, updates the formatting of rule references, and clarifies that in paragraph (d) the reference to commercial baking ovens refers to ovens in commercial bakeries. These changes clarify but do not change the meaning of the previously SIPapproved version of the rule. The State of North Carolina originally adopted Rule .0957 in 1995. EPA most recently approved amendments to the state rule in North Carolina’s SIP on February 1, 1996. See 61 FR 3588. EPA is proposing to approve the April 13, 2021, updates to Rule .0957 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. ddrumheller on DSK120RN23PROD with PROPOSALS1 cc. Rule .0961, Offset Lithographic Printing and Letterpress Printing Rule .0961 outlines VOC-related provisions for offset lithographic printing and letterpress printing in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0961 but makes minor administrative and wording changes, such as changing paragraph (h) to specify that alternative methods used to determine the VOC content must be consistent with 15A NCAC 02D .2602(h) and to specify that alternative methods used to determine the control efficiency by measuring volatile organic compounds at the control device inlet and outlet must be consistent with 15A NCAC 02D .2602(h). Changes to Rule .0961 also update the formatting of rule references. The State of North Carolina originally adopted Rule .0961 in 2010. Rule .0961 was adopted to replace, in part, Rule .0936, Graphic Arts, which EPA removed from the SIP on May 9, 2013. See 78 FR 27065. EPA most recently approved amendments to the state rule (Rule .0961) in North Carolina’s SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to approve the April 13, 2021, updates to Rule .0961 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. dd. Rule .0962, Industrial Cleaning Solvents Rule .0962 outlines VOC-related provisions for industrial cleaning solvents in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0962 but makes minor administrative and wording changes, such as changing VerDate Sep<11>2014 17:07 Jun 12, 2023 Jkt 259001 paragraph (c) to delete repealed Rules .0921, .0934, and .0936 8 from the list of rules that are exempt from paragraph (e) as it relates to cleaning material used for cleaning operations, and changes to Rule .0962 also update the formatting of rule references. The State of North Carolina originally adopted Rule .0962 in 2010. EPA most recently approved amendments to the state rule in North Carolina’s SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to approve the April 13, 2021, updates to Rule .0962 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. ee. Rule .0963, Fiberglass Boat Manufacturing Materials Rule .0963 outlines VOC-related provisions for fiberglass boat manufacturing materials in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0963 but makes minor administrative and wording changes such clarifying in paragraph (k) that SCAQMD Method 312–91 was developed by the South Coast Air Quality Management District and describes where to find information on this method, and changes to Rule .0963 that update the formatting of rule references. The State of North Carolina originally adopted Rule .0963 in 2010. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0963 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. ff. Rule .0964, Miscellaneous Industrial Adhesives Rule .0964 outlines VOC-related provisions for miscellaneous industrial adhesives in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0964 but makes minor administrative and wording changes such as, in paragraph (b), the deletion of the exemption from control of VOC emissions for miscellaneous industrial adhesives product categories covered by repealed Rules .0921, .0934, and .0936,9 and changes to Rule .0964 that update the formatting of rule references. 8 Rules .0921, .0934, and .0936 were removed from the North Carolina SIP on May 9, 2013. See 78 FR 27065. 9 Id. PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 The State of North Carolina originally adopted Rule .0964 in 2010. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0964 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. gg. Rule .0965, Flexible Package Printing Rule .0965 outlines VOC-related provisions for flexible package printing operations in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0965 but includes minor administrative and wording changes and updates the formatting of rule references. The State of North Carolina originally adopted Rule .0965 in 2010. Rule .0965 was adopted to replace, in part, Rule .0936, Graphic Arts, which EPA removed from the SIP on May 9, 2013, which is also when EPA most recently approved amendments to the state rule (Rule .0965) in North Carolina’s SIP. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0965 because, as minor, nonsubstantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. hh. Rule .0966, Paper, Film and Foil Coatings Rule .0966 outlines VOC-related provisions for paper, film, and foil coating operations in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0966 but includes minor administrative and wording changes and updates the formatting of rule references. The State of North Carolina originally adopted Rule .0966 in 2010. Rule .0966 was adopted to replace, in part, Rule .0920, Paper Coatings, which EPA removed from the SIP on May 9, 2013, which is also when EPA most recently approved amendments to the state rule (Rule .0966) in North Carolina’s SIP. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0966 because, as minor, nonsubstantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. ii. Rule .0967, Miscellaneous Metal and Plastic Parts Coatings Rule .0967 outlines VOC-related provisions for miscellaneous metal and plastic parts coating operations in North Carolina. The April 13, 2021, revision E:\FR\FM\13JNP1.SGM 13JNP1 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Proposed Rules does not include substantive changes to Rule .0967 but makes minor administrative and wording changes such as, in paragraph (c), the deletion of the exemption from this rule for sources covered by repealed Rules .0921 and .0936,10 and changes to Rule .0967 that update the formatting of rule references. The State of North Carolina originally adopted Rule .0967 in 2010. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0967 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. jj. Rule .0968, Automobile and Light Duty Truck Assembly Coatings Rule .0968 outlines VOC-related provisions for automobile and light duty assembly coating operations in North Carolina. The April 13, 2021, revision does not include substantive changes to Rule .0968 but updates rule references and/or the formatting thereof. For example, paragraph (a) updates the reference for Automobile Topcoat Protocol from EPA–450/3–88–018 to EPA–453/R–08–002 or 40 CFR part 60, subpart MM. Also, changes to paragraph (d) clarify that the VOC emission limit is in grams of VOC per liter of coating excluding water and exempt compounds, as applied. The State of North Carolina originally adopted Rule .0968 in 2010. EPA most recently approved amendments to the state rule in North Carolina’s SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to approve the April 13, 2021, updates to Rule .0968 because, as minor, non-substantive changes, they will not impact air quality and thus they will not interfere with any applicable CAA requirements. ddrumheller on DSK120RN23PROD with PROPOSALS1 III. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the North Carolina rules discussed in Section II. These regulations were state effective on November 1, 2020. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 office (please contact the person identified in the FOR FURTHER 10 Rules .0921 and .0936 were repealed from the North Carolina SIP on May 9, 2013 (See 78 FR 27065). VerDate Sep<11>2014 17:07 Jun 12, 2023 Jkt 259001 section of this preamble for more information). INFORMATION CONTACT IV. Proposed Action EPA is proposing to approve the April 13, 2021, SIP revision to incorporate various changes to North Carolina’s VOC air provisions into the SIP. Specifically, EPA is proposing to approve various ministerial and minor changes to language and other clarifying changes throughout North Carolina’s rules in 02D Section .0900, Volatile Organic Compounds. EPA is proposing to approve these changes for the reasons discussed above. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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); and • 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 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 38447 application of those requirements would be inconsistent with the Clean Air Act; In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The NCDAQ did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. EPA did not perform an EJ analysis and did not consider EJ in this action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. E:\FR\FM\13JNP1.SGM 13JNP1 38448 Federal Register / Vol. 88, No. 113 / Tuesday, June 13, 2023 / Proposed Rules Authority: 42 U.S.C. 7401 et seq. Dated: June 6, 2023. Jeaneanne Gettle, Acting Regional Administrator, Region 4. [FR Doc. 2023–12581 Filed 6–12–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2019–0212; FRL–10997– 01–R6] Air Plan Disapproval; Louisiana; Excess Emissions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Federal Clean Air Act (CAA, the Act), the Environmental Protection Agency (EPA) is proposing to disapprove a revision to the Louisiana State Implementation Plan (SIP) submitted by the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), on November 22, 2016, and supplemented on June 9, 2017. The submittals are in response to the EPA’s national SIP call of June 12, 2015, concerning excess emissions during periods of Startup, Shutdown and Malfunction (SSM). EPA is proposing to determine that the revision to the SIP in the submittals does not correct the deficiency with the Louisiana SIP identified in the June 12, 2015 SIP call. We are taking this action in accordance with section 110 of the Act. DATES: Comments must be received on or before July 13, 2023. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2019–0212 at https:// www.regulations.gov or via email to Shar.alan@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:07 Jun 12, 2023 Jkt 259001 submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact Mr. Alan Shar, (214) 665–6691, Shar.alan@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas 75270. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Regional Haze and SO2 Section, EPA Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas 75270, (214) 665-6691, Shar.Alan@epa.gov. We encourage the public to submit comments via https:// www.regulations.gov, as there will be a delay in processing mail and no courier or hand deliveries will be accepted. Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. Table of Contents I. Background A. EPA’s 2015 SSM SIP Action B. Louisiana’s Provision Related to Excess Emissions II. Analysis of SIP Submission A. EPA Recommendations for Development of Alternative Emission Limitations Applicable During Startup and Shutdown B. Evaluation III. Proposed Action IV. Environmental Justice Considerations V. Statutory and Executive Order Reviews I. Background A. EPA’s 2015 SSM SIP Action On February 22, 2013, the EPA issued a Federal Register proposed rulemaking action outlining EPA’s policy at the time with respect to SIP provisions related to periods of SSM. The EPA analyzed specific SSM SIP provisions and explained how each one either did or did not comply with the CAA with regard to excess emission events.1 For 1 State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 each SIP provision that EPA determined to be inconsistent with the CAA, EPA proposed to find that the existing SIP provision was substantially inadequate to meet CAA requirements and thus proposed to issue a SIP call under CAA section 110(k)(5). On September 17, 2014, EPA issued a document supplementing and revising what the Agency had previously proposed on February 22, 2013, in light of a D.C. Circuit decision that determined the CAA precludes authority of the EPA to create affirmative defense provisions applicable to private civil suits. EPA outlined its updated policy that affirmative defense SIP provisions are not consistent with CAA requirements. The EPA proposed in the supplemental proposal document to apply its revised interpretation of the CAA to specific affirmative defense SIP provisions and proposed SIP calls for those provisions where appropriate (79 FR 55920, September 17, 2014). On June 12, 2015, pursuant to CAA section 110(k)(5), EPA finalized ‘‘State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA’s SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction,’’ (80 FR 33839) June 12, 2015, hereafter referred to as the ‘‘2015 SSM SIP Action.’’ The 2015 SSM SIP Action clarified, restated, and updated EPA’s interpretation that SSM exemption and affirmative defense SIP provisions are inconsistent with CAA requirements. The 2015 SSM SIP Action found that certain SIP provisions in 36 states, including Louisiana, were substantially inadequate to meet CAA requirements and issued a SIP call to those states to submit SIP revisions to address the inadequacies. EPA established an 18month deadline by which the affected states had to submit such SIP revisions. States were required to submit corrective revisions to their SIPs in response to the SIP calls by November 22, 2016. EPA issued a Memorandum in October 2020 (2020 Memorandum), which stated that certain provisions governing SSM periods in SIPs could be viewed as consistent with CAA requirements.2 Importantly, the 2020 Inadequacy; and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction (78 FR 12460) Feb. 22, 2013. 2 October 9, 2020, Memorandum ‘‘Inclusion of Provisions Governing Periods of Startup, Shutdown, and Malfunctions in State E:\FR\FM\13JNP1.SGM 13JNP1

Agencies

[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Proposed Rules]
[Pages 38441-38448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12581]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0618; FRL-9242-01-R4]


Air Plan Approval; North Carolina; Volatile Organic Compound 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision to the North 
Carolina SIP, submitted by the State of North Carolina through the 
North Carolina Department of Environmental Quality (NCDEQ), Division of 
Air Quality (NCDAQ), via a letter dated April 13, 2021. This SIP 
revision updates several NCDEQ air regulations which apply to sources 
that emit volatile organic compounds (VOC).

DATES: Comments must be received on or before July 13, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0618 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air and Radiation 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW, Atlanta, Georgia 30303-8960. Ms. Spann can be reached via 
electronic mail at [email protected] or via telephone at (404) 562-
9029.

SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing to take?

    EPA is proposing to approve changes to North Carolina's SIP that 
were provided to EPA through NCDAQ via a letter dated April 13, 
2021.\1\ Specifically, EPA is proposing to approve changes to 15A North 
Carolina Administrative Code (NCAC) Subchapter 02D, Section .0900, 
Volatile Organic Compounds (hereinafter referred to as Section 
.0900).\2\ The April 13, 2021, revision to the North Carolina SIP 
transmits a few substantive changes and a number of changes that do not 
alter the meaning of the regulations such as clarifying changes, 
updated cross-references, and several ministerial language changes. In 
addition, other changes include adding, deleting, and editing 
definitions and adding SIP-strengthening language.
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    \1\ EPA notes that the submittal was received through the State 
Planning Electronic Collaboration System (SPeCS) on April 14, 2021. 
For clarity, this notice will refer to the submittal by the date on 
the cover letter, which is April 13, 2021.
    \2\ EPA notes that the Agency received several submittals 
revising the North Carolina SIP that were transmitted with the same 
April 13, 2021, cover letter. EPA has considered will be considering 
action for these other SIP revisions in separate rulemakings.
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II. EPA's Analysis of the State's Submittal

    North Carolina's Section .0900 rules regulate sources that emit 
greater than or equal to 15 pounds of VOC per day, unless otherwise 
specified in Section .0900. Most of the SIP changes to Section .0900 
are ministerial and formatting changes, with clarifying changes 
throughout. EPA is proposing to approve the changes to Rules .0901, 
Definitions; .0902, Applicability; .0903, Recordkeeping: Reporting: 
Monitoring; .0906, Circumvention; .0909, Compliance Schedules for 
Sources in Ozone Nonattainment and Maintenance Areas; .0912, General 
Provisions on Test Methods and Procedures; .0918, Can Coating; .0919, 
Coil Coating; .0922, Metal Furniture Coatings; .0923, Surface Coating 
of Large Appliance Parts; .0924, Magnet Wire Coating; .0925, Petroleum 
Liquid Storage in Fixed Roof Tanks; .0928, Gasoline Service Stations 
Stage 1; .0930, Solvent Metal Cleaning; .0931, Cutback Asphalt; .0933, 
Petroleum

[[Page 38442]]

Liquid Storage in External Floating Roof Tanks; .0935, Factory Surface 
Coating of Flat Wood Paneling; .0937, Manufacture of Pneumatic Rubber 
Tires; .0943, Synthetic Organic Chemical and Polymer Manufacturing; 
.0944, Manufacture of Polyethylene: Polypropylene and Polystyrene; 
.0945 Petroleum Dry Cleaning; .0947, Manufacture of Synthesized 
Pharmaceutical Products; .0948, VOC Emissions from Transfer Operations; 
.0949, Storage of Miscellaneous Volatile Organic Compounds; .0951, RACT 
For Sources of Volatile Organic Compounds; .0955, Thread Bonding 
Manufacturing; .0956, Glass Christmas Ornament Manufacturing; .0957, 
Commercial Bakeries; .0961, Offset Lithographic Printing and 
Letterpress Printing; .0962, Industrial Cleaning Solvents; .0963, 
Fiberglass Boat Manufacturing Materials; .0964, Miscellaneous 
Industrial Adhesives; .0965, Flexible Package Printing; .0966, Paper, 
Film and Foil Coatings; .0967, Miscellaneous Metal and Plastic Parts 
Coatings; and .0968, Automobile and Light Duty Truck Assembly 
Coatings.\3\ EPA's analysis of each aforementioned rule change included 
in the April 13, 2021, SIP revision is below:
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    \3\ Hereinafter, the North Carolina Rules will be identified by 
``Rule'' and the accompanying number, e.g., Rule .0901.
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a. Rule .0901, Definitions

    Rule .0901 includes definitions that apply to Section .0900 rules. 
The April 13, 2021, revision does not include any substantive changes 
to Rule .0901 but includes only minor wording, formatting, 
administrative and technical changes, e.g., in the definition of 
``loading rack,'' changing a reference to ``tank truck or trailer'' to 
``cargo tank,'' which corresponds to the addition of the definition of 
``cargo tank'' in Rule .0926.\4\ Changes to Rule .0901 also include 
updates to American Society for Testing and Materials (ASTM) and 
American Petroleum Institute (API) bulletin references that are 
appropriate because the references have become outdated, incorporation 
by reference of an API document, and an update to the formatting of 
rule references.
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    \4\ Changes to Rule .0926 submitted with the April 13, 2021, 
cover letter will be considered for action in a separate rulemaking.
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    The State of North Carolina originally adopted Rule .0901 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, SIP revision with respect to Rule .0901 
because, as minor, non-substantive changes, they will not impact air 
quality and thus will not interfere with any applicable Clean Air Act 
(CAA or Act) requirements.\5\
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    \5\ Section 110(l) of the CAA prohibits EPA from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of the Act.
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b. Rule .0902, Applicability

    Rule .0902 outlines the applicability parameters for Section .0900 
rules. The April 13, 2021, revision does not include any substantive 
changes to Rule .0902 but includes minor changes to update the 
formatting of rule references and makes minor wording changes including 
changing ``truck tanks'' to ``cargo tanks,'' which corresponds to the 
addition of the definition of ``cargo tank'' in Rule .0926.\6\ Rule 
.0902(c) is changed to refer to exclusions found in Rule .0902(d) 
instead of Rule .0902(d)(1). Rule .0902(d)(2) is not currently approved 
into the North Carolina SIP. Because the Rule .0902(d) reference 
effectively includes only Rule .0902(d)(1) for SIP purposes, EPA is 
proposing to approve the revised version of Rule .0902(c) except as it 
refers to Rule .0902(d)(2). Also, Rule .0902(f) adds the date January 
2, 2014, for clarification related to identifying certain moderate 
nonattainment areas required to address Control Technique Guidelines 
(CTGs).
---------------------------------------------------------------------------

    \6\ See n.4.
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    The State of North Carolina originally adopted Rule .0902 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0902 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

c. Rule .0903, Recordkeeping: Reporting: Monitoring

    Rule .0903 outlines the recordkeeping, reporting, and monitoring 
requirements for Section .0900 rules. The April 13, 2021, revision does 
not include substantive changes to Rule .0903 but only makes minor 
grammatical edits and updates the formatting of a rule reference. These 
changes clarify the meaning of the previously SIP-approved version of 
the rule.
    EPA most recently incorporated updates to Rule .0903 into the North 
Carolina SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to 
approve the updates to Rule .0903 because, as minor, non-substantive 
changes, they will not impact air quality and thus they will not 
interfere with any applicable CAA requirements.

d. Rule .0906, Circumvention

    Rule .0906 outlines the restriction of concealing VOC emissions 
related to the Section .0900 rules. The April 13, 2021, revision does 
not include substantive changes to Rule .0906 but includes minor 
grammatical edits. These edits clarify but do not change the meaning of 
the previously SIP-approved version.
    The State of North Carolina originally adopted Rule .0906 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on December 19, 1986. See 51 FR 45468. EPA is proposing 
to approve the April 13, 2021, updates to Rule .0906 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

e. Rule .0909, Compliance Schedules for Sources in Ozone Nonattainment 
and Maintenance Areas

    Rule .0909 outlines compliance schedules for sources in ozone 
nonattainment areas and those nonattainment areas that have been 
redesignated to attainment (i.e., maintenance areas), as they relate to 
the Section .0900 rules. The April 13, 2021, revision does not include 
substantive changes to Rule .0909 but includes minor grammatical and 
wording edits and updates the formatting of rule references. These 
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0909 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0909 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

f. Rule .0912, General Provisions on Test Methods and Procedures

    Rule .0912 outlines general provisions on test methods and 
procedures related to Section .0900 rules. The April 13, 2021, revision 
does not include substantive changes to Rule .0912 but includes minor 
grammatical edits and updates the formatting of a rule reference. These 
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.

[[Page 38443]]

    The State of North Carolina originally adopted Rule .0912 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0912 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

g. Rule .0918, Can Coating

    Rule .0918 outlines VOC-related provisions for can coating 
operations in North Carolina. The April 13, 2021, revision does not 
include substantive changes to Rule .0918 but includes minor 
administrative, grammatical, and wording edits and updates the 
formatting of a rule reference. Also, Rule .0918 is revised to limit 
the applicability of Rule .0918(d) to sources controlling VOC prior to 
July 1, 2000, to reflect that, while Rule .0918 already references Rule 
.0518, Rule .0518 was repealed on July 1, 2000. These changes clarify 
but do not change the meaning of the previously SIP-approved version of 
the rule.
    The State of North Carolina originally adopted Rule .0918 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0918 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

h. Rule .0919, Coil Coating

    Rule .0919 outlines VOC-related provisions for coil coating 
operations in North Carolina. The April 13, 2021, revision does not 
include substantive changes to Rule .0919 but includes minor 
administrative and clarifying word changes, e.g., a change to clarify 
that Rule .0919 applies to VOC that come from coating applicators. 
Also, Rule .0919 is revised to limit the applicability of Rule .0919(d) 
to sources controlling VOC prior to July 1, 2000, to reflect that, 
while Rule .0919 already references Rule .0518, Rule .0518 was repealed 
on July 1, 2000. These changes clarify but do not change the meaning of 
the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0919 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0919 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

i. Rule .0922, Metal Furniture Coatings

    Rule .0922 outlines VOC-related provisions for metal furniture 
coating operations in North Carolina. The April 13, 2021, revision does 
not include substantive changes to Rule .0922 but includes minor 
administrative and grammatical edits, updates the formatting of rule 
references, and updates references to federal regulations. These 
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0922 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0922 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

j. Rule .0923, Surface Coating of Large Appliance Parts

    Rule .0923 outlines VOC-related provisions for surface coating 
operations for large appliance parts in North Carolina. The April 13, 
2021, revision does not include substantive changes to Rule .0923 but 
includes minor administrative and grammatical edits, updates the 
formatting of rule references, and updates references to federal 
regulations. These changes clarify but do not change the meaning of the 
previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0923 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0923 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

k. Rule .0924, Magnet Wire Coating

    Rule .0924 outlines VOC-related provisions for magnet wire coating 
operations in North Carolina. The April 13, 2021, revision does not 
include substantive changes to Rule .0924 but includes minor 
administrative and clarifying word changes, e.g., a change clarifies 
that Rule .0924 applies to VOC from the oven(s) of magnet wire coating 
operations. Also, Rule .0924 is revised to limit Rule .0924(d) to 
sources controlling VOC prior to July 1, 2000, to reflect that, while 
Rule .0924 already references Rule .0518, Rule .0518 was repealed July 
1, 2000. These changes clarify but do not change the meaning of the 
previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0924 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0924 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

l. Rule .0925, Petroleum Liquid Storage in Fixed Roof Tanks

    Rule .0925 outlines VOC-related provisions for petroleum liquid 
storage in fixed roof tanks in North Carolina. The April 13, 2021, 
revision does not include substantive changes to Rule .0925 but makes 
minor administrative, grammatical, and wording edits, technical 
corrections such as changing vapor pressure ``psia'' to ``pounds per 
square inch,'' and updates to the formatting of rule references. These 
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0925 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on June 23, 1994. See 59 FR 32362. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0925 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

m. Rule .0928, Gasoline Service Stations Stage 1

    Rule .0928 outlines VOC-related provisions for gasoline service 
stations stage 1 controls in North Carolina. The April 13, 2021, 
revision does not include substantive changes to Rule .0928 but makes 
minor administrative and grammatical edits, as well as technical 
corrections such as changing Reid vapor pressure ``psia'' to ``pounds 
per square inch,'' changing references to ``tank trucks or trailers'' 
to ``cargo tanks'' which corresponds to the addition of the definition 
of ``cargo tank'' in Rule .0926,\7\ and changing ``Dual point system'' 
to ``Dual point vapor recovery system.'' Changes to Rule .0928 also 
alphabetize definitions and update the formatting of rule references. 
These

[[Page 38444]]

changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
---------------------------------------------------------------------------

    \7\ See n.4.
---------------------------------------------------------------------------

    The State of North Carolina originally adopted Rule .0928 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0928 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

n. Rule .0930, Solvent Metal Cleaning

    Rule .0930 outlines VOC-related provisions for solvent metal 
cleaning in North Carolina. The April 13, 2021, revision does not 
include substantive changes to Rule .0930 but includes minor 
administrative and grammatical edits and updates the formatting of rule 
references. These changes clarify but do not change the meaning of the 
previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0930 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0930 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

o. Rule .0931, Cutback Asphalt

    Rule .0931 outlines VOC-related provisions for cutback asphalt in 
North Carolina. The April 13, 2021, revision includes substantive and 
non-substantive changes to Rule .0931. The substantive changes include 
adding paving roads, sidewalks, airfields, runways, taxiways, and 
parking aprons to the list of applicable purposes of the manufacture 
and use of cutback asphalts. The substantive changes also include the 
removal of an exclusion for cutback asphalt used for a tack coat for 
the purpose of patch work not to exceed 1672 square meters (2000 square 
yards). These substantive changes are approvable because they are 
considered SIP-strengthening. The non-substantive changes are minor 
administrative and grammatical edits including the removal of the 
definition of ``Emulsified asphalt'' (a term which does not appear 
elsewhere in Rule .0931 and thus seemingly need not be defined) and a 
minor technical clarification specifying that the Federal Aviation 
Administration (FAA) Weather Station referenced in paragraph (c) is the 
FAA Surface Weather Observation Station. These changes clarify and 
strengthen the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0931 in 1979. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on June 23, 1994. See 59 FR 32362. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0931 because both the 
substantive and minor, non-substantive changes will not adversely 
impact air quality and thus will not interfere with any applicable CAA 
requirements.

p. Rule .0933, Petroleum Liquid Storage in External Floating Roof Tanks

    Rule .0933 outlines VOC-related provisions for petroleum liquid 
storage in external floating roof tanks in North Carolina. The April 
13, 2021, revision does not include substantive changes to Rule .0933 
but includes minor administrative and grammatical edits, updates the 
formatting of rule references, and clarifies that the routine visual 
inspections referenced in paragraph (d) are done to verify the 
conditions of the seal. These changes clarify but do not change the 
meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0933 in 1980. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0933 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

q. Rule .0935, Factory Surface Coating of Flat Wood Paneling

    Rule .0935 outlines VOC-related provisions for factory surface 
coating of flat wood paneling operations in North Carolina. The April 
13, 2021, revision does not include substantive changes to Rule .0935 
but includes minor administrative and grammatical edits and updates the 
formatting of rule references. These changes clarify but do not change 
the meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0935 in 1980. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0935 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

r. Rule .0937, Manufacture of Pneumatic Rubber Tires

    Rule .0937 outlines VOC-related provisions for manufacture of 
pneumatic rubber tires in North Carolina. The April 13, 2021, revision 
does not include substantive changes to Rule .0937 but includes minor 
administrative and grammatical edits. These changes clarify but do not 
change the meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0937 in 1980. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0937 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

s. Rule .0943, Synthetic Organic Chemical and Polymer Manufacturing

    Rule .0943 outlines VOC-related provisions for synthetic organic 
chemical and polymer manufacturing in North Carolina. The April 13, 
2021, revision includes mostly non-substantive changes to Rule .0943, 
such as minor administrative and grammatical edits and updates to the 
formatting of rule references, which clarify but do not change the 
meaning of the previously SIP-approved version of the rule. The SIP 
revision also includes a substantive, SIP-strengthening change: in Rule 
.0943(i), the change from stating that the Director ``shall'' allow 
less frequent emissions monitoring to stating that the Director ``may'' 
allow it.
    The State of North Carolina originally adopted Rule .0943 in 1985. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0943 because, as minor, 
non-substantive changes or strengthening changes, they will not 
negatively impact air quality and thus they will not interfere with any 
applicable CAA requirements.

t. Rule .0944, Manufacture of Polyethylene: Polypropylene and 
Polystyrene

    Rule .0944 outlines VOC-related provisions for manufacture of 
polyethylene (polypropylene and polystyrene) in North Carolina. The 
April 13, 2021, revision does not include substantive changes to Rule 
.0944 but includes minor administrative and grammatical edits and 
updates the

[[Page 38445]]

formatting of rule references. These changes clarify but do not change 
the meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0944 in 1985. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on November 19, 1986. See 51 FR 41786. EPA is proposing 
to approve the April 13, 2021, updates to Rule .0944 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

u. Rule .0945, Petroleum Dry Cleaning

    Rule .0945 outlines VOC-related provisions for petroleum dry 
cleaning in North Carolina. The April 13, 2021, revision includes 
mostly non-substantive changes to Rule .0945, such as minor 
administrative and grammatical edits and updates to the formatting of 
rule references, which clarify but do not change the meaning of the 
previously SIP-approved version of the rule. The SIP revision also 
includes a substantive, SIP-strengthening change: in Rule .0945(g), 
adding a retention requirement for records of compliance tests.
    The State of North Carolina originally adopted Rule .0945 in 1985. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0945 because, as minor, 
non-substantive changes or strengthening changes, they will not 
negatively impact air quality and thus they will not interfere with any 
applicable CAA requirements.

v. Rule .0947, Manufacture of Synthesized Pharmaceutical Products

    Rule .0947 outlines VOC-related provisions for manufacture of 
synthesized pharmaceutical products in North Carolina. The April 13, 
2021, revision does not include substantive changes to Rule .0947 but 
includes minor administrative and grammatical edits, updates the 
formatting of rule references and clarifies in paragraph (c) when 
controlling VOC emissions from synthesized pharmaceutical products 
manufacturing facility storage tanks that pressure/vacuum conservation 
tanks shall be set at plus or minus 0.8 inches of water instead of set 
at 0.8 inches of water. These changes clarify but do not change the 
meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0947 in 1994. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 5, 1995. See 60 FR 22283. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0947 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

w. Rule .0948, VOC Emissions from Transfer Operations

    Rule .0948 outlines provisions for VOC emissions from transfer 
operations in North Carolina. The April 13, 2021, revision does not 
include substantive changes to Rule .0948 but makes minor 
administrative and grammatical edits such as changing ``tank trucks, 
trailers'' to ``cargo tanks,'' which corresponds to the addition of the 
definition of ``cargo tank'' in Rule .0926, and updates the formatting 
of rule references. These changes clarify but do not change the meaning 
of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0948 in 1994. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on August 27, 2001. See 66 FR 34117. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0948 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

x. Rule .0949, Storage of Miscellaneous Volatile Organic Compounds

    Rule .0949 outlines provisions for storage of miscellaneous VOC in 
North Carolina. The April 13, 2021, revision does not include 
substantive changes to Rule .0949 but includes minor administrative and 
grammatical edits and updates the formatting of rule references. These 
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0949 in 1994. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on August 27, 2001. See 66 FR 34117. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0949 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

y. Rule .0951, RACT for Sources of Volatile Organic Compounds

    Rule .0951 outlines provisions for RACT for sources of VOC in North 
Carolina. The April 13, 2021, revision does not include substantive 
changes to Rule .0951 but includes minor administrative and grammatical 
edits and updates the formatting of rule references. These changes 
clarify but do not change the meaning of the previously SIP-approved 
version of the rule.
    The State of North Carolina originally adopted Rule .0951 in 1994. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0951 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

z. Rule .0955, Thread Bonding Manufacturing

    Rule .0955 outlines VOC provisions for thread bonding manufacturing 
in North Carolina. The April 13, 2021, revision does not include 
substantive changes to Rule .0955 but includes minor administrative and 
grammatical edits and updates the formatting of rule references. These 
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0955 in 1995. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on February 1, 1996. See 61 FR 3588. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0955 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

aa. Rule .0956, Glass Christmas Ornament Manufacturing

    Rule .0956 outlines VOC provisions glass Christmas ornament 
manufacturing in North Carolina. The April 13, 2021, revision does not 
include substantive changes to Rule .0956 but includes minor 
administrative and grammatical edits. These changes clarify but do not 
change the meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0956 in 1995. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on February 1, 1996. See 61 FR 54362. EPA is proposing 
to approve the April 13, 2021, updates to Rule .0956 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

bb. Rule .0957, Commercial Bakeries

    Rule .0957 outlines VOC provisions at commercial bakeries in North 
Carolina.

[[Page 38446]]

The April 13, 2021, revision does not include substantive changes to 
Rule .0957 but includes minor administrative and grammatical edits, 
updates the formatting of rule references, and clarifies that in 
paragraph (d) the reference to commercial baking ovens refers to ovens 
in commercial bakeries. These changes clarify but do not change the 
meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0957 in 1995. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on February 1, 1996. See 61 FR 3588. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0957 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

cc. Rule .0961, Offset Lithographic Printing and Letterpress Printing

    Rule .0961 outlines VOC-related provisions for offset lithographic 
printing and letterpress printing in North Carolina. The April 13, 
2021, revision does not include substantive changes to Rule .0961 but 
makes minor administrative and wording changes, such as changing 
paragraph (h) to specify that alternative methods used to determine the 
VOC content must be consistent with 15A NCAC 02D .2602(h) and to 
specify that alternative methods used to determine the control 
efficiency by measuring volatile organic compounds at the control 
device inlet and outlet must be consistent with 15A NCAC 02D .2602(h). 
Changes to Rule .0961 also update the formatting of rule references.
    The State of North Carolina originally adopted Rule .0961 in 2010. 
Rule .0961 was adopted to replace, in part, Rule .0936, Graphic Arts, 
which EPA removed from the SIP on May 9, 2013. See 78 FR 27065. EPA 
most recently approved amendments to the state rule (Rule .0961) in 
North Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is 
proposing to approve the April 13, 2021, updates to Rule .0961 because, 
as minor, non-substantive changes, they will not impact air quality and 
thus they will not interfere with any applicable CAA requirements.

dd. Rule .0962, Industrial Cleaning Solvents

    Rule .0962 outlines VOC-related provisions for industrial cleaning 
solvents in North Carolina. The April 13, 2021, revision does not 
include substantive changes to Rule .0962 but makes minor 
administrative and wording changes, such as changing paragraph (c) to 
delete repealed Rules .0921, .0934, and .0936 \8\ from the list of 
rules that are exempt from paragraph (e) as it relates to cleaning 
material used for cleaning operations, and changes to Rule .0962 also 
update the formatting of rule references.
---------------------------------------------------------------------------

    \8\ Rules .0921, .0934, and .0936 were removed from the North 
Carolina SIP on May 9, 2013. See 78 FR 27065.
---------------------------------------------------------------------------

    The State of North Carolina originally adopted Rule .0962 in 2010. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0962 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

ee. Rule .0963, Fiberglass Boat Manufacturing Materials

    Rule .0963 outlines VOC-related provisions for fiberglass boat 
manufacturing materials in North Carolina. The April 13, 2021, revision 
does not include substantive changes to Rule .0963 but makes minor 
administrative and wording changes such clarifying in paragraph (k) 
that SCAQMD Method 312-91 was developed by the South Coast Air Quality 
Management District and describes where to find information on this 
method, and changes to Rule .0963 that update the formatting of rule 
references.
    The State of North Carolina originally adopted Rule .0963 in 2010. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0963 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

ff. Rule .0964, Miscellaneous Industrial Adhesives

    Rule .0964 outlines VOC-related provisions for miscellaneous 
industrial adhesives in North Carolina. The April 13, 2021, revision 
does not include substantive changes to Rule .0964 but makes minor 
administrative and wording changes such as, in paragraph (b), the 
deletion of the exemption from control of VOC emissions for 
miscellaneous industrial adhesives product categories covered by 
repealed Rules .0921, .0934, and .0936,\9\ and changes to Rule .0964 
that update the formatting of rule references.
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

    The State of North Carolina originally adopted Rule .0964 in 2010. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0964 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

gg. Rule .0965, Flexible Package Printing

    Rule .0965 outlines VOC-related provisions for flexible package 
printing operations in North Carolina. The April 13, 2021, revision 
does not include substantive changes to Rule .0965 but includes minor 
administrative and wording changes and updates the formatting of rule 
references.
    The State of North Carolina originally adopted Rule .0965 in 2010. 
Rule .0965 was adopted to replace, in part, Rule .0936, Graphic Arts, 
which EPA removed from the SIP on May 9, 2013, which is also when EPA 
most recently approved amendments to the state rule (Rule .0965) in 
North Carolina's SIP. See 78 FR 27065. EPA is proposing to approve the 
April 13, 2021, updates to Rule .0965 because, as minor, non-
substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

hh. Rule .0966, Paper, Film and Foil Coatings

    Rule .0966 outlines VOC-related provisions for paper, film, and 
foil coating operations in North Carolina. The April 13, 2021, revision 
does not include substantive changes to Rule .0966 but includes minor 
administrative and wording changes and updates the formatting of rule 
references.
    The State of North Carolina originally adopted Rule .0966 in 2010. 
Rule .0966 was adopted to replace, in part, Rule .0920, Paper Coatings, 
which EPA removed from the SIP on May 9, 2013, which is also when EPA 
most recently approved amendments to the state rule (Rule .0966) in 
North Carolina's SIP. See 78 FR 27065. EPA is proposing to approve the 
April 13, 2021, updates to Rule .0966 because, as minor, non-
substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

ii. Rule .0967, Miscellaneous Metal and Plastic Parts Coatings

    Rule .0967 outlines VOC-related provisions for miscellaneous metal 
and plastic parts coating operations in North Carolina. The April 13, 
2021, revision

[[Page 38447]]

does not include substantive changes to Rule .0967 but makes minor 
administrative and wording changes such as, in paragraph (c), the 
deletion of the exemption from this rule for sources covered by 
repealed Rules .0921 and .0936,\10\ and changes to Rule .0967 that 
update the formatting of rule references.
---------------------------------------------------------------------------

    \10\ Rules .0921 and .0936 were repealed from the North Carolina 
SIP on May 9, 2013 (See 78 FR 27065).
---------------------------------------------------------------------------

    The State of North Carolina originally adopted Rule .0967 in 2010. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0967 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

jj. Rule .0968, Automobile and Light Duty Truck Assembly Coatings

    Rule .0968 outlines VOC-related provisions for automobile and light 
duty assembly coating operations in North Carolina. The April 13, 2021, 
revision does not include substantive changes to Rule .0968 but updates 
rule references and/or the formatting thereof. For example, paragraph 
(a) updates the reference for Automobile Topcoat Protocol from EPA-450/
3-88-018 to EPA-453/R-08-002 or 40 CFR part 60, subpart MM. Also, 
changes to paragraph (d) clarify that the VOC emission limit is in 
grams of VOC per liter of coating excluding water and exempt compounds, 
as applied.
    The State of North Carolina originally adopted Rule .0968 in 2010. 
EPA most recently approved amendments to the state rule in North 
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to 
approve the April 13, 2021, updates to Rule .0968 because, as minor, 
non-substantive changes, they will not impact air quality and thus they 
will not interfere with any applicable CAA requirements.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the North Carolina rules discussed in Section II. These 
regulations were state effective on November 1, 2020. EPA has made, and 
will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the April 13, 2021, SIP revision to 
incorporate various changes to North Carolina's VOC air provisions into 
the SIP. Specifically, EPA is proposing to approve various ministerial 
and minor changes to language and other clarifying changes throughout 
North Carolina's rules in 02D Section .0900, Volatile Organic 
Compounds. EPA is proposing to approve these changes for the reasons 
discussed above.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act;
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The NCDAQ did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform an EJ analysis and did not consider EJ in this action. Due 
to the nature of the action being taken here, this action is expected 
to have a neutral to positive impact on the air quality of the affected 
area. Consideration of EJ is not required as part of this action, and 
there is no information in the record inconsistent with the stated goal 
of E.O. 12898 of achieving environmental justice for people of color, 
low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

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


[[Page 38448]]


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

    Dated: June 6, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-12581 Filed 6-12-23; 8:45 am]
BILLING CODE 6560-50-P
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