Air Plan Approval; North Carolina; Bulk Gasoline Plants, Terminals Vapor Recovery Systems, 53795-53798 [2023-16564]
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 10, 2023.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart C—Alaska
2. In § 52.70, paragraph (c), table 1 is
amended by:
■ a. Revising the entry ‘‘18 AAC
50.025’’;
■ b. Removing the entry ‘‘18 AAC
50.080’’; and
■ c. Revising the entries ‘‘18 AAC
50.502’’, ‘‘18 AAC 50.540’’, and ‘‘18
AAC 50.542’’.
The revisions read as follows:
■
Dated: August 1, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
§ 52.70
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED ALASKA REGULATIONS
State citation
State
effective
date
Title/subject
*
*
*
*
*
18 AAC 50—Article 1. Ambient Air Quality Management
*
*
*
*
18 AAC 50.025 ................... Visibility and Other Special Protection Areas ............
*
*
18 AAC 50.502 ...................
*
*
5/16/2022
*
*
8/9/2023, [INSERT Federal Register CITATION]..
*
*
18 AAC 50—Article 5. Minor Permits
*
Minor Permits for Air Quality Protection ....................
5/16/2022
8/9/2023, [INSERT Federal Register CITATION].
*
*
*
*
18 AAC 50.540 ................... Minor Permit: Application ...........................................
*
5/16/2022
18 AAC 50.542 ...................
5/16/2022
*
8/9/2023, [INSERT Federal Register CITATION].
8/9/2023, [INSERT Federal Register CITATION].
*
*
*
Minor Permit: Review and Issuance ..........................
*
*
*
*
*
[FR Doc. 2023–16796 Filed 8–8–23; 8:45 am]
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0406; FRL–10991–
02–R4]
Air Plan Approval; North Carolina;
Bulk Gasoline Plants, Terminals Vapor
Recovery Systems
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
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Explanations
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Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the North Carolina
Department of Environmental Quality
(NCDEQ), Division of Air Quality
(DAQ), via a letter dated April 13, 2021.
This SIP revision includes changes to
NCDEQ’s regulations regarding bulk
gasoline terminals and plants, gasoline
cargo tanks and vapor collection
SUMMARY:
BILLING CODE 6560–50–P
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EPA approval
date
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systems, and leak tightness and vapor
leak requirements. EPA is approving
these changes pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule is effective September
8, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0406. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, 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.
Mrs. Sheckler can be reached via
electronic mail at sheckler.kelly@
epa.gov or via telephone at (404) 562–
9222.
SUPPLEMENTARY INFORMATION:
I. This Action
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EPA is approving changes to North
Carolina’s SIP that were provided to
EPA through NCDEQ via a letter dated
April 13, 2021.1 Specifically, EPA is
approving changes to 15A North
Carolina Administrative Code (NCAC),
Subchapter 02D, Rules .0926, Bulk
Gasoline Plants; 2 .0927, Bulk Gasoline
Terminals; 3 .0932, Gasoline Cargo
1 EPA notes that the April 13, 2021, submittal was
received by EPA on April 14, 2021.
2 In Paragraph (n) of Rule .0926, North Carolina’s
Rule references Rule 02D .0960 which is not in the
SIP. DAQ has withdrawn that reference in
Paragraph (n) from the April 13, 2021, SIP revision.
3 Similar to the changes in Rule 02D .0926(n),
Rule 02D .0927(k) also references Rule 02D .0960
which is not in the SIP. DAQ has withdrawn that
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Tanks and Vapor Collection Systems;
and .2615, Determination of Leak
Tightness and Vapor Leaks.4 These
changes include adding, removing, and
revising definitions; removing obsolete
language; clarifying some requirements;
and making general grammar and
formatting updates. Through a notice of
proposed rulemaking (NPRM),
published on June 13, 2023, (88 FR
38436), EPA proposed to approve the
April 13, 2021, changes to North
Carolina Rules 15 NCAC 02D .0926,
.0927, .0932, and .2615. The details of
North Carolina’s submission, as well as
EPA’s rationale for approving the
changes, are described in more detail in
the June 13, 2023, NPRM. Comments on
the June 13, 2023, NPRM were due on
or before July 13, 2023. No comments
were received on the June 13, 2023,
NPRM, adverse or otherwise.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, and as discussed in Section
I of this preamble, EPA is finalizing the
incorporation by reference of 15A NCAC
Subchapter 02D, Rules .0926, Bulk
Gasoline Plants,5 and .0927, Bulk
Gasoline Terminals,6 both state-effective
on November 1, 2020; as well as Rules
.0932, Gasoline Cargo Tanks and Vapor
Collection Systems, and .2615,
Determination of Leak Tightness and
Vapor Leaks, both state-effective
October 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).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
reference in Paragraph (k) from the April 13, 2021,
SIP revision.
4 EPA notes that the Agency received several
revisions to the North Carolina SIP transmitted with
the same April 13, 2021, cover letter. EPA is not
acting on revisions to the North Carolina SIP in this
document that are not explicitly identified herein,
and EPA may act on these other SIP revisions in
separate rulemakings.
5 Except for references to Rule 02D .0960 found
in paragraph .0926(n).
6 Except for references to Rule 02D .0960 found
in paragraph .0927(k).
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be incorporated by reference in the next
update to the SIP compilation.7
III. Final Action
EPA is approving the aforementioned
changes to the SIP. Specifically, EPA is
finalizing the approval of the April 13,
2021, SIP revision that incorporate
changes to North Carolina’s rules in 02D
Section .0926, Bulk Gasoline Plants;
.0927, Bulk Gasoline Terminals; .0932,
Gasoline Cargo Tanks and Vapor
Recovery Collection Systems; and .2615,
Determination of Leak Tightness and
Vapor Leaks into the federally approved
SIP.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• 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
7 See
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
application of those requirements would
be inconsistent with the CAA.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
DAQ did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 10, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR Part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. In § 52.1770, amend the table in
paragraph (c)(1) by removing the entries
‘‘Section .0926,’’ ‘‘Section .0927,’’
‘‘Section .0932,’’ and ‘‘Section .2615’’
and adding in their place entries ‘‘Rule
.0926,’’ ‘‘Rule .0927,’’ ‘‘Rule .0932,’’ and
‘‘Rule .2615,’’ respectively, to read as
follows:
■
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(1) EPA-APPROVED NORTH CAROLINA REGULATIONS
State citation
*
State effective
date
Title/subject
*
*
*
Section .0900
*
Rule .0926 ...........
*
*
Bulk Gasoline Plants ....................
Rule .0927 ...........
Bulk Gasoline Terminals ..............
*
Rule .0932 ...........
*
*
Gasoline Cargo Tanks and Vapor
Collection Systems.
*
*
EPA approval date
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*
*
*
11/1/2020 8/9/2023, [Insert citation
of publication].
11/1/2020 8/9/2023, [Insert citation
of publication].
*
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*
*
Determination of Leak Tightness
and Vapor Leaks.
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*
*
*
*
*
*
*
*
Source Testing
*
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*
*
*
Except for references to Rule 02D .0960
found in paragraph .0926(n).
Except for references to Rule 02D .0960
found in paragraph .0927(k).
*
*
10/1/2020 8/9/2023, [Insert citation
of publication].
*
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*
*
*
10/1/2020 8/9/2023, [Insert citation
of publication].
*
*
*
Volatile Organic Compounds
Section .2600
*
Rule .2615 ...........
Explanation
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
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[FR Doc. 2023–16564 Filed 8–8–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0428; FRL–9991–02–
R4]
Air Plan Approval; North Carolina; Air
Quality Control, Revisions to
Particulates From Fugitive Dust
Emissions Sources Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing the approval
of changes to the North Carolina State
Implementation Plan (SIP), submitted
by the State of North Carolina through
the North Carolina Division of Air
Quality (NCDAQ) through a letter dated
September 10, 2021. The SIP revision
includes changes to the State’s air
pollution control requirements in the
SIP that modify several definitions,
clarify its applicability requirements,
adjust the requirement for fugitive dust
control plan submissions, and make
minor language and formatting changes.
EPA is approving these changes
pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective September
8, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0428. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
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SUMMARY:
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Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Pearlene Williams-Miles, Multi-Air
Pollutant Coordination Section, Air
Planning and Implementation Branch,
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
North Carolina 30303–8960. The
telephone number is (404) 562–9144.
Ms. Williams-Miles can also be reached
via electronic mail at
WilliamsMiles.Pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 10, 2021, NCDAQ
submitted a revision to North Carolina’s
Rule 15A North Carolina Administrative
Code (NCAC) 02D .0540, Particulates
from Fugitive Non-Process Dust
Emission Sources.1 2 The submittal
makes changes to the State’s air
pollution control requirements by
revising several definitions, clarifying
applicability requirements, updating
language, and making other minor
changes to the corresponding particulate
matter fugitive emission control
regulation in the North Carolina SIP.3
EPA believes that the changes to Rule
02D .0540 provide additional clarity to
the applicability of control plans and
control plan procedures, rule
exemptions, and definitions for fugitive
dust emission sources. EPA has
determined that the changes to the SIP
do not interfere with attainment and
maintenance of the NAAQS or any other
applicable requirement of the Act.
Through a notice of proposed
rulemaking (NPRM), published on
March 23, 2023 (88 FR 17479), EPA
proposed to approve the September 10,
2021, changes to North Carolina Rule 15
NCAC 02D .0540. The details of North
Carolina’s submission, as well as EPA’s
rationale for approving the changes, are
described in more detail in the March
23, 2023, NPRM. Comments on the
March 23, 2023, NPRM were due on or
before April 24, 2023. No comments
were received on the March 23, 2023,
NPRM.
1 EPA received the September 10, 2021, submittal
on September 14, 2021. For clarity, throughout this
rulemaking EPA will refer to the September 14,
2021, submission by its cover letter date of
September 10, 2021.
2 The September 10, 2021, submittal included
several changes to other North Carolina SIPapproved rules that are not addressed in this
rulemaking. EPA will act on those rule revisions in
separate actions.
3 NCDAQ submitted a letter to EPA on January 25,
2023, withdrawing the changes to Rule .0540(e)(1)
from consideration for inclusion in the North
Carolina SIP. For this reason, EPA is not acting on
the changes to paragraph (e)(1) in this rulemaking.
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II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, and as discussed in section I
of this preamble, EPA is finalizing the
incorporation by reference of 15A NCAC
02D .0540, Particulates from Fugitive
Dust Emission Sources, State effective
on September 1, 2019, into the North
Carolina SIP with the exception of
paragraph (e)(1).4 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).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.5
III. Final Action
EPA is finalizing the approval of the
September 10, 2021, SIP revision to
incorporate various changes to North
Carolina’s fugitive emission dust control
regulation. Specifically, EPA is
proposing to approve various changes to
Rule 02D .0540, Particulates from
Fugitive Dust Emission Sources, as
explained herein. EPA is proposing to
approve these changes for the reasons
discussed above.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
4 Paragraph (e)(1) remains in the SIP with a State
effective date of August 1, 2007.
5 See 62 FR 27968 (May 22, 1997).
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]]>Agencies
[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53795-53798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16564]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0406; FRL-10991-02-R4]
Air Plan Approval; North Carolina; Bulk Gasoline Plants,
Terminals Vapor Recovery Systems
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the North Carolina
Department of Environmental Quality (NCDEQ), Division of Air Quality
(DAQ), via a letter dated April 13, 2021. This SIP revision includes
changes to NCDEQ's regulations regarding bulk gasoline terminals and
plants, gasoline cargo tanks and vapor collection
[[Page 53796]]
systems, and leak tightness and vapor leak requirements. EPA is
approving these changes pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective September 8, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0406. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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. Mrs. Sheckler can be
reached via electronic mail at [email protected] or via telephone
at (404) 562-9222.
SUPPLEMENTARY INFORMATION:
I. This Action
EPA is approving changes to North Carolina's SIP that were provided
to EPA through NCDEQ via a letter dated April 13, 2021.\1\
Specifically, EPA is approving changes to 15A North Carolina
Administrative Code (NCAC), Subchapter 02D, Rules .0926, Bulk Gasoline
Plants; \2\ .0927, Bulk Gasoline Terminals; \3\ .0932, Gasoline Cargo
Tanks and Vapor Collection Systems; and .2615, Determination of Leak
Tightness and Vapor Leaks.\4\ These changes include adding, removing,
and revising definitions; removing obsolete language; clarifying some
requirements; and making general grammar and formatting updates.
Through a notice of proposed rulemaking (NPRM), published on June 13,
2023, (88 FR 38436), EPA proposed to approve the April 13, 2021,
changes to North Carolina Rules 15 NCAC 02D .0926, .0927, .0932, and
.2615. The details of North Carolina's submission, as well as EPA's
rationale for approving the changes, are described in more detail in
the June 13, 2023, NPRM. Comments on the June 13, 2023, NPRM were due
on or before July 13, 2023. No comments were received on the June 13,
2023, NPRM, adverse or otherwise.
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\1\ EPA notes that the April 13, 2021, submittal was received by
EPA on April 14, 2021.
\2\ In Paragraph (n) of Rule .0926, North Carolina's Rule
references Rule 02D .0960 which is not in the SIP. DAQ has withdrawn
that reference in Paragraph (n) from the April 13, 2021, SIP
revision.
\3\ Similar to the changes in Rule 02D .0926(n), Rule 02D
.0927(k) also references Rule 02D .0960 which is not in the SIP. DAQ
has withdrawn that reference in Paragraph (k) from the April 13,
2021, SIP revision.
\4\ EPA notes that the Agency received several revisions to the
North Carolina SIP transmitted with the same April 13, 2021, cover
letter. EPA is not acting on revisions to the North Carolina SIP in
this document that are not explicitly identified herein, and EPA may
act on these other SIP revisions in separate rulemakings.
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II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, and as discussed in Section I of this preamble, EPA is
finalizing the incorporation by reference of 15A NCAC Subchapter 02D,
Rules .0926, Bulk Gasoline Plants,\5\ and .0927, Bulk Gasoline
Terminals,\6\ both state-effective on November 1, 2020; as well as
Rules .0932, Gasoline Cargo Tanks and Vapor Collection Systems, and
.2615, Determination of Leak Tightness and Vapor Leaks, both state-
effective October 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). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\7\
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\5\ Except for references to Rule 02D .0960 found in paragraph
.0926(n).
\6\ Except for references to Rule 02D .0960 found in paragraph
.0927(k).
\7\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the aforementioned changes to the SIP.
Specifically, EPA is finalizing the approval of the April 13, 2021, SIP
revision that incorporate changes to North Carolina's rules in 02D
Section .0926, Bulk Gasoline Plants; .0927, Bulk Gasoline Terminals;
.0932, Gasoline Cargo Tanks and Vapor Recovery Collection Systems; and
.2615, Determination of Leak Tightness and Vapor Leaks into the
federally approved SIP.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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
[[Page 53797]]
application of those requirements would be inconsistent with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
DAQ did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 10, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR Part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770, amend the table in paragraph (c)(1) by removing
the entries ``Section .0926,'' ``Section .0927,'' ``Section .0932,''
and ``Section .2615'' and adding in their place entries ``Rule .0926,''
``Rule .0927,'' ``Rule .0932,'' and ``Rule .2615,'' respectively, to
read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA-Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule .0926.................. Bulk Gasoline Plants. 11/1/2020 8/9/2023, [Insert Except for
citation of references to Rule
publication]. 02D .0960 found in
paragraph .0926(n).
Rule .0927.................. Bulk Gasoline 11/1/2020 8/9/2023, [Insert Except for
Terminals. citation of references to Rule
publication]. 02D .0960 found in
paragraph .0927(k).
* * * * * * *
Rule .0932.................. Gasoline Cargo Tanks 10/1/2020 8/9/2023, [Insert ....................
and Vapor Collection citation of
Systems. publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .2600 Source Testing
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule .2615.................. Determination of Leak 10/1/2020 8/9/2023, [Insert ....................
Tightness and Vapor citation of
Leaks. publication].
* * * * * * *
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[[Page 53798]]
* * * * *
[FR Doc. 2023-16564 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P
