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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

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

[[Page 15896]]

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

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

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Background

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

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

[[Page 15897]]

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

B. Requirements for RACT Analysis for Major Sources

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

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

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

II. Analysis of the North Carolina's Submittals

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

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

[[Page 15899]]

North Carolina's RACT SIP for its portion of the bi-state Charlotte 
Area. EPA has made the preliminary determination that North Carolina's 
June 15, 2007, SIP revision, in combination with others addressed in 
this rulemaking and previous rulemakings,\12\ meets RACT requirements, 
and thus EPA is proposing to approve North Carolina's June 15, 2007, 
RACT SIP revision.
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    \12\ While North Carolina's June 15, 2007, submission references 
VOC rules 15A NCAC 2D .0901 through .0960, and NOX rules 
15A NCAC 2D .1402 through .1412, and 15A NCAC 2D .1415 through 
.1422, the SIP revision did not provide amendments to these rules 
for EPA approval. However, in its June 15, 2007, SIP revision North 
Carolina is using these previously approved rules as demonstration 
that they meet RACT requirements.
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d. Summary of the January 31, 2008, SIP Submittal \13\
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    \13\ The January 31, 2008, SIP revision also amended Rule 15A 
NCAC 02Q .0207, ``Annual Emissions Reporting.'' In an action taken 
on April 24, 2012, (77 FR 24382), EPA approved these revisions to 
Rule 15A NCAC 02Q .0207.
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    On January 31, 2008, North Carolina submitted a SIP revision to 
address certain RACT requirements, and meet the EPA requirements for a 
full SIP revision for the bi-state Charlotte Area ozone nonattainment 
area to address the 1997 8-hour ozone NAAQS. Specifically, the VOC 
Applicability Rule 15A NCAC 02D .0902 was amended to cover facilities 
with the potential to emit between 50 and 100 tons of VOC per year in 
Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and 
Davidson and Coddle Creek Townships in Iredell County. Additionally, 
North Carolina's NOX Applicability Rule 15A NCAC 02D .1402, 
was amended to describe the actions to be taken at facilities with the 
potential to emit between 50 and 100 tons of NOX per year.
    At the time that the rules in North Carolina's January 31, 2008, 
SIP revision were changed and submitted to EPA, the bi-state Charlotte 
Area had not yet attained the 1997 8-hour ozone NAAQS, and there was a 
possibility that EPA would have to reclassify the bi-state Charlotte 
Area to a serious nonattainment area. North Carolina revised these 
rules as a contingency for the bi-state Charlotte Area should this area 
be reclassified from a ``moderate'' nonattainment area to a ``serious'' 
nonattainment for the 1997 8-hour ozone NAAQS.\14\ The bi-state 
Charlotte Area subsequently attained the standard, and is currently a 
moderate nonattainment area. The VOC Compliance Schedule Rule 15A NCAC 
02D .0909, and NOX Compliance Schedule Rule 15A NCAC 02D. 
1403 added compliance schedules for the facilities to comply with RACT 
requirements should the bi-state Charlotte Area fail to attain and as a 
result was reclassified as serious area.
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    \14\ As provided for in the CAA, on May 31, 2011, North Carolina 
was granted a 1 year extension of the attainment date (See 76 FR 
31245), attained the standard prior to the extended attainment date, 
was not reclassified to serious and continued to be a moderate area.
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    EPA is now proposing to conditionally approve changes to VOC 
Applicability Rule 15A NCAC 02D .0902, and VOC Compliance Schedule Rule 
15A NCAC 02D .0909. Additionally EPA is proposing to approve the 
remaining changes included in North Carolina's January 31, 2008, SIP 
revision regarding NOX Applicability Rule 15A NCAC 02D 
.1402, and NOX Compliance Schedule Rule 15A NCAC 02D .1403.
e. Summary of the November 19, 2008, SIP Submittal
    On November 19, 2008, North Carolina submitted a SIP revision to 
address adoption of a new rule section (Section 15A NCAC 02D .2600) 
that consolidated North Carolina's protocols with federal air source 
testing methods from many rules located throughout North Carolina air 
rules. Rule amendments to or repeals of Rules 15A NCAC 02D .0901, .0912 
through .0916, .0932, .0939 through .0943, .0945 were also made to 
cross-reference or be replaced by the new rule section 15A NCAC 02D 
.2600. North Carolina's November 19, 2008, SIP revision also amends 
Rule 15A NCAC 02D .1402 to remove reference to repealed NOX 
SIP Call Rules and Rules 15A NCAC 02D .1407 through .1412, and .1415 
through .1422.\15\
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    \15\ These rules are repealed because CAIR replaced the 
NOX Budget Trading Program for North Carolina.
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    EPA is proposing to approve changes to Rules 15A NCAC 02D .0901, 
.0912, .0932, .0943, .0945, .1402, and .1415. EPA is proposing to 
approve the repeal of Rules 15A NCAC 02D .0913 through .0916, .0939 
through .0942, and .1416 through .1422 as these provisions are no 
longer necessary for North Carolina's SIP. EPA is not taking action on 
any of the remaining rule changes in the November 19, 2008, SIP 
revision.\16\
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    \16\ The remaining rule changes that EPA is not acting on in 
this action include 15A NCAC 02D .0501, .0529, .0535, .0536, .0542, 
.0606, .0608, NCAC 2D .2609, .2610, .2611, .2616, .2617, .2618, 
.2619, .2620, NCAC 02D .1110, .1203 through .1206, .1208, .1210, and 
15A NCAC 02Q .0508, .0523, .0711, and .0902. These rules address 
Emission Control Standards, Monitoring and Recordkeeping, Source 
Testing unrelated to Ozone, Toxics, Incinerators, and Permitting, 
and are not required to meet RACT for the 1997 8-hour ozone 
standard. (While Rules NCAC 2D 1104 and NCAC 2Q .0903 were listed in 
the submittal, North Carolina requested they not be approved into 
the SIP).
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f. Summary of the September 18, 2009, SIP Submittal \17\
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    \17\ In a letter dated November 30, 2012, North Carolina 
withdrew its request for EPA to approve Rule 15A NCAC 02D .0952, 
Petitions for Alternative Controls for RACT into the SIP.
---------------------------------------------------------------------------

    On September 18, 2009, North Carolina submitted a SIP revision to 
address certain RACT requirements. First, the VOC definitions Rule 15A 
NCAC 02D .0901 was amended to include the definition of Stage I vapor 
control. Second, the VOC Applicability Rule, 15A NCAC 02D .0902, was 
amended to remove a subparagraph that refers to Rule 15A NCAC 02D 
.0953, ``Vapor Return Piping for Stage II Vapor Recovery,'' as this 
provision was repealed by the State. Third, the VOC Compliance Schedule 
Rule, 15A NCAC 02D .0909, was amended to remove reference to Stage II 
vapor recovery at Rules 15A NCAC 02D .0953, ``Vapor Return Piping for 
Stage II Vapor Recovery,'' and 15A NCAC 02D .0954, ``Stage II Vapor 
Recovery,'' as these provisions were repealed by the State.\18\ Fourth, 
the ``Petition for Alternative Controls for RACT,'' Rule 15A NCAC 02D 
.0952, was amended to remove reference to Stage II vapor recovery at 
Rules 15A NCAC 02D .0953 and .0954 as these provisions were repealed by 
the State.
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    \18\ North Carolina also included a repeal of Rule 15A NCAC 02D 
.0953, ``Vapor Return Piping for Stage II Vapor Recovery,'' and Rule 
.0954, ``Stage II Vapor Recovery'' in its November 18, 2010, SIP 
revision. These rules are not required for RACT. EPA will address 
North Carolina's November 18, 2010, SIP revision as it pertains to 
the repeal of these rules in a separate action.
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    EPA is proposing to conditionally approve the changes in the 
September 18, 2009, SIP revision related to Rules 15A NCAC 02D .0902 
and .0909. Additionally, EPA is proposing to approve the changes to 
Rules 15A NCAC 02D .0901 and .0952, as provided in North Carolina's 
September 18, 2009, SIP revision. EPA is not taking action on any of 
the remaining rule changes in the September 18, 2009, SIP revision.\19\ 
These remaining rule changes will be addressed in a separate action.
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    \19\ The remaining rule changes that EPA is not acting on in 
this action include 15A NCAC 2D, .0521, .0614, NCAC 2Q .0102, .0304, 
and .0902. These rules address Air Pollution Control, Emission 
Control Standards, Monitoring and Recordkeeping and Air Quality 
Permit Procedures and are not required to meet RACT for the 1997 8-
hour ozone standard.
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g. Summary of the February 3, 2010, SIP Submittal
    On February 3, 2010, North Carolina submitted a SIP revision to 
address a number of different rule amendments

[[Page 15900]]

including a change to the NOx applicability Rule 15A NCAC 02D .1402. 
Rule .1402 was amended to: (1) Add language to clarify which parts of 
Rule Section .1400 apply to sources covered under Clean Air Interstate 
Rules (CAIR), which replaced the NOx Budget Trading Program for North 
Carolina; (2) clarify RACT requirements in nonattainment areas; and (3) 
correct cross-reference errors.
    EPA is proposing to approve North Carolina's changes to Rule .1402, 
as provided in the February 3, 2010, SIP revision. This is the only 
rule amendment in North Carolina's February 3, 2010, SIP revision being 
addressed in today's action. The remaining rule changes will be 
addressed in a separate action.\20\
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    \20\ The remaining rule changes that EPA is not acting on in 
this action include 15A NCAC 02D, .0405, .0408 .0409, and .0410. 
These rules address Ambient Air Quality Standards and are not 
required to meet RACT for the 1997 8-hour ozone standard.
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h. Summary of the April 6, 2010, SIP Submittal
    On April 6, 2010, North Carolina submitted a SIP revision to 
address RACT, specifically to make a negative declaration for the 
following four CTG categories: (1) Control of Volatile Organic Compound 
Leaks from Petroleum refinery Equipment (EPA-450/2-78-036, 1978/06); 
(2) Control of Refinery Vacuum Producing Systems, Wastewater 
Separators, and Process Unit turnarounds (EPA-450/2-77-026, 1977/10); 
(3) Control of Volatile Organic Compound Equipment Leaks from Natural 
Gas/Gasoline Processing Plants (EPA-450/3-83-007, 1983/12); and (4) 
Control Techniques Guidelines, for Shipbuilding and Ship Repair 
Operations (Surface Coating) (61 FR-44050 8/27/96, 1996/08).
    As part of its analysis to support the negative declarations for 
aforementioned CTG source categories, NC DENR reviewed its permits 
files and emissions inventory information. After this review, NC DENR 
determined that there are no stationary sources or emitting facilities 
located in its portion of the bi-state Charlotte Area that are subject 
to aforementioned CTG source categories. EPA is now proposing to 
approve the negative declarations as provided in North Carolina's April 
6, 2010, SIP revision.
i. Summary of the November 9, 2010, SIP Submittal \21\
---------------------------------------------------------------------------

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

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

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

B. RACT Analysis for Major Sources for NOx

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

[[Page 15901]]

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

    \23\ NOx and VOC are precursors to ozone. NOx limited is a term 
that describes an area in which naturally occurring VOCs are so high 
that a reduction of manmade VOC does not measurably reduce ozone. 
Therefore, a focus is placed on NOx reductions instead of a 
combination of NOx and VOC reduction.
---------------------------------------------------------------------------

    In October 1998, EPA made a finding of significant contribution of 
NOx emissions from certain states and published a rule that set ozone 
season NOx budgets for the purpose of reducing regional transport of 
ozone (63 FR 57356). This rule, referred to as the NOx SIP Call rule, 
called for, among other things, ozone season controls to be put on 
utility and industrial boilers, as well as internal combustion engines 
in 22 states in the Eastern United States. As noted above, in October 
2000, the North Carolina Environmental Management Commission adopted 
similar rules requiring these reductions. When the North Carolina's NOx 
SIP Call rule \24\ was adopted NC DENR concluded that the NOx SIP Call 
would reduce summertime NOx emissions from power plants and other 
industries by 68 percent by 2006. As part of the rulemaking and 
consistent with EPA guidance, the North Carolina Environmental 
Management Commission established a NOx trading program, allowing 
sources to buy credits to meet their NOx budget as opposed to actually 
installing controls. The emission budgets were to be met by the 
beginning of 2004.
---------------------------------------------------------------------------

    \24\ This was federally approved into the SIP. See 67 FR 78987, 
December 27, 2002.
---------------------------------------------------------------------------

    As mentioned above, in June 2002, the North Carolina General 
Assembly enacted the CSA.\25\ CSA reduces NOx emissions beyond the 
requirements of the NOx SIP Call rule and required coal-fired power 
plants to reduce annual NOx emissions by 78 percent by 2009.
---------------------------------------------------------------------------

    \25\ This was federally-approved into the SIP on September 26, 
2011. See 76 FR 59250.
---------------------------------------------------------------------------

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

    \26\ See Phase 2 Ozone Implementation Rule, 70 FR 71617.
---------------------------------------------------------------------------

    In November 2008, several parties challenged EPA's Phase 2 Ozone 
Implementation Rule. In particular, they challenged EPA's determination 
that compliance with the NOX SIP Call and/or CAIR could 
satisfy NOX RACT requirements for EGUs in nonattainment 
areas and EPA's determination that compliance with CAIR could satisfy 
NOX RACT for EGUs in ozone nonattainment areas. As a result 
of this litigation, the court decided that the provisions in the Phase 
2 Ozone Implementation Rule providing that a state need not perform (or 
submit) a NOX RACT analysis for EGU sources subject to a 
cap-and-trade program that meets the requirements of the NOX 
SIP Call were inconsistent with the statutory requirements of section 
172(c)(1).\27\ The court specifically held that the Phase 2 Ozone 
Implementation Rule allowing use of the NOX SIP call to 
constitute RACT without any locally applicable analysis regarding the 
equivalence of NOX SIP Call and RACT reductions: ``Is 
inconsistent with the Clean Air Act * * * in allowing participation in 
a regional cap-and-trade program to satisfy an area-specific statutory 
mandate.'' The court emphasized that: ``The RACT requirement calls for 
reductions in emissions from sources in the area * * * [and that] 
reductions from sources outside the nonattainment area do not satisfy 
the requirement * * * [a]ccordingly, participation in the 
NOX SIP call would constitute RACT only if participation 
entailed at least RACT-level reductions in emissions from sources 
within the nonattainment area.'' In view of its decision in North 
Carolina v. EPA, in which the Court had previously remanded CAIR, the 
court deferred consideration of the litigant's challenge to the Phase 2 
Ozone Implementation Rule insofar as they related to the CAIR program. 
In light of the above, as well as a 2007 petition for reconsideration 
that EPA granted on this issue as it pertains to CAIR,\28\ EPA is 
proposing in this action to not approve the presumption or 
determination that CAIR or the NOX SIP Call constitutes RACT 
for EGU sources in the Area. However, after evaluating controls at 
individual point sources, EPA has determined that the point sources in 
the area have implemented RACT. This analysis is included below.
---------------------------------------------------------------------------

    \27\ See NRDC v. EPA, 571 F.3d 1245 (DC Cir. 2009).
    \28\ See Earthjustice Petition for Reconsideration of the Clean 
Air Fine Particle Rule, June 25, 2007. See also April 25, 2011, 
letter from EPA Administrator Lisa P. Jackson to Paul Cort, 
Earthjustice, responding to the June 25, 2007, petition for 
reconsideration.
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    NC DENR identified six facilities in the North Carolina portion of 
the bi-state Charlotte Area that are or were major sources of 
NOX. Table 1 summarizes their emissions in 2003 and in 2011. 
NOX controls installed on these facilities have resulted in 
an average of 69 percent reduction across the bi-state Charlotte Area.

[[Page 15902]]



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

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

C. EPA's Analyses of Individual Rule Amendments and Adoptions

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

[[Page 15903]]

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

[[Page 15904]]

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

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

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

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

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

[[Page 15905]]

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

[[Page 15906]]

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

[[Page 15907]]

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

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

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

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

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

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

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

[[Page 15908]]

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

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

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

[[Page 15909]]

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

[[Page 15910]]

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

[[Page 15911]]

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

[[Page 15912]]

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

III. Effect of This Proposed Action

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

[[Page 15913]]

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

IV. Proposed Action

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

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this proposal action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

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

List of Subjects in 40 CFR Part 52

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

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

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


