[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Proposed Rules]
[Pages 64101-64105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24900]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0055; FRL-8986-01-R4]


Air Plan Approval; North Carolina; Mecklenburg Volatile Organic 
Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision to the Mecklenburg 
County portion of the North Carolina SIP, hereinafter referred to as 
the Mecklenburg Local Implementation Plan (LIP). The revision was 
submitted by the State of North Carolina, through the North Carolina 
Division of Air Quality (NCDAQ), on behalf of Mecklenburg County Air 
Quality (MCAQ) via a letter dated April 24, 2020, and was received by 
EPA on June 19, 2020. The revision updates several Mecklenburg County 
Air Pollution Control Ordinance (MCAPCO) rules incorporated into the 
LIP, removes several rules, and adds several rules. The rules addressed 
in this proposal relate to volatile organic compound (VOC) emissions 
and include several VOC Reasonably Available Control Techniques (RACT) 
rules. EPA is proposing to approve these changes pursuant to the Clean 
Air Act (CAA or Act).

DATES: Comments must be received on or before December 17, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0055 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

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

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    The Mecklenburg County LIP was submitted to EPA on June 14, 1990, 
and EPA approved the plan on May 2, 1991. See 56 FR 20140. Mecklenburg 
County is now requesting that EPA approve changes to the LIP for, among 
other things, general consistency with the North Carolina SIP.\1\ 
Mecklenburg County prepared three submittals in order to update the LIP 
and reflect regulatory and administrative changes that NCDAQ made to 
the North Carolina SIP since EPA's 1991 LIP approval.\2\ The three 
submittals were submitted as follows: NCDAQ transmitted the October 25, 
2017, submittal to EPA but later withdrew it from review through a 
letter dated February 15, 2019. On April 24, 2020, NCDAQ resubmitted 
the October 25, 2017, update to EPA and also submitted the January 21, 
2016, and January 14, 2019, updates. Due to an inconsistency with 
public notices at the local level, these submittals were withdrawn from 
EPA through a letter dated February 15, 2019. Mecklenburg County 
corrected this error, and NCDAQ submitted the updates to EPA in a 
submittal dated April 24, 2020.\3\ This proposed rule proposes to 
modify the LIP by revising, adding, and removing several rules related 
to the control of VOCs, including several VOC RACT rules, located in 
MCAPCO Article 2.0000, Air Pollution and Control Regulations and 
Procedures, Section 2.0900, Volatile Organic Compounds.
---------------------------------------------------------------------------

    \1\ Hereinafter, the terms ``North Carolina SIP'' and ``SIP'' 
refer to the North Carolina regulatory portion of the North Carolina 
SIP (i.e., the portion that contains SIP-approved North Carolina 
regulations).
    \2\ The Mecklenburg County, North Carolina revision that is 
dated April 24, 2020, and received by EPA on June 19, 2020, is 
comprised of three previous submittals--one dated January 21, 2016; 
one dated October 25, 2017; and one dated January 14, 2019.
    \3\ EPA notes that the April 24, 2020, submittal was received by 
EPA on June 19, 2020.
---------------------------------------------------------------------------

    On April 30, 2004, EPA designated the Charlotte-Gastonia-Rock Hill, 
NC-SC

[[Page 64102]]

area (hereinafter referred to as the ``bi-state Charlotte Area'') as a 
moderate nonattainment area with respect to the 1997 8-hour ozone 
national ambient air quality standards (NAAQS). 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.\4\ 
The North Carolina portion of the bi-state Charlotte Area consists of 
Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and a 
portion of Iredell County which includes Davidson and Coddle Creek 
Townships.
---------------------------------------------------------------------------

    \4\ 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 relevant requirements of section 
182 of the CAA. On July 25, 2013, EPA approved the RACT requirements 
for the North Carolina portion of the bi-state Charlotte Area.\5\ See 
78 FR 44890. 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 CAA section 182(b)(2) RACT 
requirements are: (1) RACT for sources covered by an existing Control 
Technique Guideline (CTG) (i.e., a CTG issued prior to enactment of the 
1990 amendments to the CAA); (2) RACT for sources covered by a post CAA 
1990 amendments enactment CTG; and (3) RACT for all major sources not 
covered by a CTG (i.e., non-CTG sources).
---------------------------------------------------------------------------

    \5\ EPA approved the RACT requirements for the South Carolina 
portion of the bi-state Charlotte Area on November 28, 2011, at 76 
FR 72844.
---------------------------------------------------------------------------

    Pursuant to 40 CFR 51.165, a major source for a moderate ozone 
nonattainment area is a source that emits 100 tons per year or more of 
VOC or nitrogen oxides (NOX). On May 9, 2013, EPA took final 
action to approve the North Carolina SIP revisions addressing 
NOX RACT, VOC RACT, and CTG requirements. See 78 FR 27065. 
Together, these SIP revisions established the RACT requirements for the 
major sources located in the North Carolina portion of the bi-state 
Charlotte Area. NCDAQ submitted a SIP revision on May 1, 2013, to 
address deficiencies with the State's VOC RACT rules as identified in 
EPA's May 9, 2013, conditional approval of North Carolina's VOC RACT 
rules.\6\ See 78 FR 27065.
---------------------------------------------------------------------------

    \6\ The bi-state Charlotte Area was redesignated to attainment 
for the 1997 ozone NAAQS on December 2, 2013, and December 26, 2012, 
for North Carolina and South Carolina, respectively. The Charlotte-
Rock Hill, North Carolina--South Carolina Area was designated as a 
marginal nonattainment area for the 2008 ozone NAAQS on May 21, 
2012, and redesignated to attainment for that NAAQS on July 28, 2015 
and December 11, 2015, for North Carolina and South Carolina, 
respectively. That area was designated attainment for the 2015 ozone 
NAAQS on November 6, 2017. The Charlotte area is currently attaining 
all ozone NAAQS.
---------------------------------------------------------------------------

II. What action is EPA proposing to take?

    The April 24, 2020, submittal updates several MCAPCO rules 
incorporated into the LIP, removes several rules, and adds several 
rules to more closely align the LIP with the SIP. The January 21, 2016, 
changes include updates to MCAPCO Rules 2.0926, Bulk Gasoline Plants; 
2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline Service Stations 
Stage 1; and 2.0958, Work Practice for Sources of Volatile Organic 
Compounds. The submittal also seeks to remove MCAPCO Rules 2.0910, 
Alternative Compliance Schedules and 2.0929, Petroleum Refinery 
Sources; and add MCAPCO Rules 2.0947, Manufacture of Synthesized 
Pharmaceutical Products; 2.0948, VOC Emissions from Transfer 
Operations; and 2.0949, Storage of Miscellaneous Volatile Organic 
Compounds.\7\
---------------------------------------------------------------------------

    \7\ EPA notes that the Agency received revisions to several 
rules updating the Mecklenburg County portion of the North Carolina 
SIP transmitted with the same April 24, 2020, cover letter. EPA will 
be considering these other SIP revisions, including certain Section 
2.2600 and Section 2.0900 rules in separate rulemakings.
---------------------------------------------------------------------------

    The January 21, 2016 submittal also asks EPA to reincorporate the 
following rules with no changes or very few minor grammatical edits 
into the LIP with a new effective date: MCAPCO Rules 2.0906, 
Circumvention; 2.0918, Can Coating; 2.0919, Coil Coating; 2.0924, 
Magnet Wire Coating; 2.0925, Petroleum Liquid Storage in Fixed Roof 
Tanks; 2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, 
Petroleum Liquid Storage in External Floating Roof Tanks; 2.0937, 
Manufacture of Pneumatic Rubber Tires; and 2.0944, Manufacture of 
Polyethylene: Polypropylene and Polystyrene.\8\
---------------------------------------------------------------------------

    \8\ Hereinafter, the MCAPCO Rules will be identified by ``Rule'' 
and the accompanying number, e.g., Rule 2.0901.
---------------------------------------------------------------------------

III. EPA's Analysis of North Carolina's Submittal

    The April 24, 2020, SIP revision updates, removes, and adds rules 
in Section 2.0900, Volatile Organic Compounds. EPA is proposing to 
approve these changes to the LIP because they are consistent with the 
CAA and more closely align the LIP with the SIP.\9\
---------------------------------------------------------------------------

    \9\ This section does not analyze Rules 2.0906, Circumvention; 
2.0918, Can Coating; 2.0919, Coil Coating; 2.0924, Magnet Wire 
Coating; 2.0925, Petroleum Liquid Storage in Fixed Roof Tanks; 
2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 2.0933, 
Petroleum Liquid Storage in External Floating Roof Tanks; 2.0937, 
Manufacture of Pneumatic Rubber Tires; and 2.0944, Manufacture of 
Polyethylene: Polypropylene and Polystyrene because there are no 
changes or very few minor grammatical edits.
---------------------------------------------------------------------------

A. Rule 2.0910, Alternative Compliance Schedules

    The April 24, 2020, revision removes Rule 2.0910, Alternative 
Compliance Schedules, from the LIP because the alternative compliance 
schedules became obsolete. They are obsolete because Rule 2.0910 only 
allows alternative compliance schedules if they are submitted before 
January 1, 1980.
    Rule 2.0910 was first adopted into the MCAPCO in 1979, was approved 
by EPA into the LIP on May 2, 1991 (56 FR 20140), and established 
requirements for alternative compliance schedules for VOC sources. The 
proposed removal of Rule 2.0910 from the LIP is consistent with the 
removal of the corresponding state rule, 15A NCAC 02D .0910, 
Alternative Compliance Schedules, from the SIP on October 15, 1999. See 
64 FR 55831. EPA approved North Carolina's March 19, 1997, SIP 
submittal seeking removal of Rule 02D .0910 because the alternative 
compliance schedules had become obsolete.
    EPA is proposing to approve the removal of Rule 2.0910 because the 
alternate compliance schedules are obsolete, it better aligns the LIP 
with the SIP, and it will not interfere with any applicable CAA 
requirements.

B. Rule 2.0926, Bulk Gasoline Plants

    The April 24, 2020, revision modifies Rule 2.0926, Bulk Gasoline 
Plants, by adding a definition for ``Average daily throughput;'' adding 
``Incoming vapor balance system,'' and ``Outgoing vapor balance 
system'' to replace and clarify the definition for ``Vapor balance 
system;'' removing paragraph (c) and redistributing its components into 
paragraphs (b) and (d); clarifying language in a new paragraph (c); 
adding language to require outgoing vapor balance systems on certain 
receiving truck tanks and trailers at certain bulk gasoline plants and 
in nonattainment areas; making a few grammatical edits including 
renumbering and changing ``immediately'' to ``automatically and 
immediately'' in paragraph (i); requiring that gasoline storage tanks 
be painted white or silver; requiring pressure relief valves on 
stationary storage tanks to be

[[Page 64103]]

set at 0.5 psi for storage tanks placed in service on or after November 
1, 1992, and 0.25 psi for storage tanks existing before November 1, 
1992; requiring transfer of gasoline to be discontinued if liquid or 
vapor leaks are observed; and requiring truck tank and trailers to be 
certified leak tight in accordance with Rule 2.0932. The changes more 
closely align the rule with the corresponding SIP-approved state rule 
at 15A NCAC 02D .0926, Bulk Gasoline Plants, which reflects EPA's Bulk 
Gasoline Plants CTG.
    Rule 2.0926 was first approved by EPA into the LIP on May 2, 1991 
(56 FR 20140), was revised on June 23, 1994 (59 FR 32362), and 
established requirements to meet the 1977 CTG for controlling VOC 
emissions from bulk gasoline plants. EPA most recently approved 
amendments to the state rule in North Carolina's SIP, including updates 
that correspond to those proposed for incorporation into the LIP-
approved version of Rule 2.0926, on August 1, 1997. See 62 FR 41277.
    EPA is proposing to approve the changes to Rule 2.0926 because they 
add and clarify necessary definitions, require outgoing vapor balance 
systems, set required pressures for pressure relief valves and address 
leaks to be consistent with EPA's CTG, better align the LIP with the 
SIP, and will not interfere with any applicable CAA requirements.

C. Rule 2.0927, Bulk Gasoline Terminals

    The April 24, 2020, revision modifies Rule 2.0927, Bulk Gasoline 
Terminals, by adding definitions for ``Degassing,'' ``Leak,'' ``Liquid 
balancing,'' and ``Liquid displacement;'' making a few grammatical 
edits including renumbering; and adding requirements for collecting, 
controlling, inspecting for leaks and documenting emissions from 
external and internal floating roof tanks at a bulk gasoline terminal, 
citing Rule 2.0903. The changes more closely align the rule with the 
corresponding SIP-approved state rule at 15A NCAC 02D .0927, Bulk 
Gasoline Terminals, which reflects EPA's Tank Truck Gasoline Loading 
Terminals CTG.
    Rule 2.0927 was first approved by EPA into the LIP on May 2, 1991 
(56 FR 20140), and established requirements to meet the 1977 CTG for 
controlling VOC emissions from bulk gasoline terminals. EPA most 
recently approved amendments to the state rule in North Carolina's SIP, 
including updates that correspond to those proposed for incorporation 
into the LIP-approved version of Rule 2.0927, on October 31, 2007. See 
72 FR 61531.\10\
---------------------------------------------------------------------------

    \10\ EPA's action at 78 FR 27065, identified in the entry for 
Rule 02D .0927 at 40 CFR 52.1770(c), did not modify the rule text.
---------------------------------------------------------------------------

    EPA is proposing to approve the changes to Rule 2.0927 because they 
add details on leak inspection, recordkeeping, and requirements for 
leak repair; standardize procedures used at bulk gasoline terminals to 
locate, repair and document leaks of VOC; require routine inspections; 
make it easier for MCAQ to determine compliance; better align the LIP 
with the SIP; and will not interfere with any applicable CAA 
requirements.

D. Rule 2.0928, Gasoline Service Station Stage 1

    The April 24, 2020, revision modifies Rule 2.0928, Gasoline Service 
Station Stage 1, by adding definitions for ``Coaxial system,'' ``Dual 
point system,'' ``Line,'' ``Poppeted vapor recovery adaptor,'' 
``Stationary storage tank,'' and ``Throughput;'' amending the 
definition for ``Submerged fill pipe'' to clarify the distance above 
the bottom of the tank depending on if there is a vapor recovery 
adaptor or not and measurement depending on whether the pipe is cut at 
a slant; adding applicability to delivery vessels delivering gasoline 
to a gasoline dispensing facility or gasoline service station; changing 
an exemption for certain transfers; adding clarifying language related 
to submerged fill pipes; adding an exemption for certain stationary 
storage tanks with a capacity of not more than 2,000 gallons of 
gasoline and for any tanks used exclusively to test the fuel dispensing 
meters except for those in ozone nonattainment areas; clarifying that 
vapor control systems must have a vapor tight connection and delivery 
vessels and vapor collections systems must comply with rule 2.0932 in 
order for gasoline to be transferred from any delivery vessel into any 
stationary storage tank; clarifying requirements for the vapor control 
system depending on whether it is a coaxial or dual point vapor 
recovery system and adding additional paragraphs to further explain 
these clarifications; removing allowance for alternative vapor control 
system requirements; requiring that vent lines on tanks with Stage 1 
controls shall have pressure release valves or restrictors; changing 
the requirement that refilled vapor-laden delivery vessels that are 
refilled in nonattainment areas shall be refilled only at plants 
meeting Rules 2.096 or 2.0927 to requiring that refilled vapor-laden 
delivery vessels that are refilled in North Carolina shall be refilled 
only at plants meeting Rules 2.096 or 2.0927; and making a few 
grammatical edits including renumbering. The changes more closely align 
the rule with the corresponding SIP-approved state rule at 15A NCAC 02D 
.0928, Gasoline Service Stations Stage 1, which reflects EPA's Stage 1 
Vapor Control Systems CTG.
    Rule 2.0928 was first approved by EPA into the LIP on May 2, 1991 
(56 FR 20140) and last revised on June 23, 1994 (59 FR 32362). The rule 
established requirements to meet the 1975 CTG for controlling VOC 
emissions from gasoline service stations through the Stage 1 Vapor 
Recovery systems. EPA most recently approved amendments to the state 
rule in North Carolina's SIP, including updates that correspond to 
those proposed for incorporation into the LIP-approved version of Rule 
2.0928, on August 1, 1997. See 62 FR 41277.
    EPA is proposing to approve the changes to Rule 2.0928 because they 
clarify Stage 1 vapor recovery requirements, better align the LIP with 
the SIP, and will not interfere with any applicable CAA requirements.

E. Rule 2.0929, Petroleum Refinery Sources

    The April 24, 2020, revision removes Rule 2.0929 from the LIP 
because there are no sources in Mecklenburg County for which the 
Petroleum Refinery Leaks CTG category applies.
    Rule 2.0929 was first adopted into the MCAPCO in 1979, was approved 
by EPA into the LIP on May 2, 1991 (56 FR 20140), and was revised in 
the LIP on June 23, 1994 (59 FR 32362). Rule 2.0929 established 
requirements to meet the 1978 Petroleum Refinery Leaks CTG for 
controlling VOC emissions from petroleum refinery equipment. The 
proposed removal of Rule 2.0929 from the LIP is consistent with the 
removal of the corresponding state rule 15A NCAC 02D .0929, Petroleum 
Refinery Sources, from the SIP on August 1, 1997. See 62 FR 41277.\11\
---------------------------------------------------------------------------

    \11\ In an April 6, 2010, SIP revision, North Carolina made a 
negative declaration for the Petroleum Refinery Sources CTG source 
category stating that there are no applicable sources in the North 
Carolina portion of the bi-state Charlotte Area, including 
Mecklenburg County, North Carolina. EPA approved that SIP revision 
on May 9, 2013 (78 FR 27065). On October 18, 2021, Mecklenburg 
County confirmed there are currently no petroleum refineries in 
Mecklenburg County. See email from Leslie Rhodes, Air Quality 
Director, Mecklenburg County Air Quality to Lynorae Benjamin, Branch 
Chief, Air Planning and Implementation Branch, EPA Region 4 found in 
the docket for this proposed action.

---------------------------------------------------------------------------

[[Page 64104]]

    EPA is proposing to approve the removal of Rule 2.0929 because 
there are no petroleum refineries in Mecklenburg County, it better 
aligns the LIP with the SIP, and will not interfere with any applicable 
CAA requirements.

F. Rule 2.0947, Manufacture of Synthesized Pharmaceutical Products

    The April 24, 2020, revision adds Rule 2.0947, Manufacture of 
Synthesized Pharmaceutical Products, to Section 2.0900. Mecklenburg 
adopted Rule 2.0947 on July 1, 1994, and it contains requirements to 
meet the 1978 CTG for controlling VOC emissions from the manufacture of 
synthesized pharmaceutical products. Rule 2.0947 includes definitions 
for ``Production equipment exhaust system'' and ``Synthesized 
pharmaceutical manufacturing;'' applicability and emission control 
requirements for reactors, distillation operations, crystallizers, 
centrifuges, vacuum dryers, air dryers, production equipment exhaust 
systems, storage tanks and centrifuges, rotary vacuum filters, and 
other filters related to VOC and in-process tanks; requirements for 
leak repairs; and required temperatures for condenser outlets.
    Approving the April 24, 2020 SIP revision would add these CTG 
requirements to the LIP and more closely align the LIP with the SIP 
which contains a state rule analog at 15A NCAC 02D .0947, Manufacture 
of Synthesized Pharmaceutical Products. North Carolina adopted Rule 02D 
.0947 in 1994, and EPA approved it into the SIP on January 26, 1995. 
See 60 FR 5136.
    EPA is proposing to incorporate Rule 2.0947 into the LIP to add the 
aforementioned CTG requirements and better align the LIP with the SIP. 
Adding this rule to the LIP will not interfere with any applicable CAA 
requirements.

G. Rule 2.0948, VOC Emissions From Transfer Operations

    The April 24, 2020, revision adds Rule 2.0948, VOC Emissions From 
Transfer Operations, to Section 2.0900. Mecklenburg adopted Rule 2.0948 
on July 1, 1994. Rule 2.0948 applies to operations that transfer VOC 
from a storage tank to truck-tanks, trailers, or railroad tank cars 
that are not covered by Rule 2.0929, Bulk Gasoline Plants, 2.0927, Bulk 
Gasoline Terminals, or 2.0928, Gasoline Stations Stage I, and provides 
requirements for loading VOCs into a truck-tank, trailer, or railroad 
tank car from storage tanks regulated by Rule 2.0948.
    Approving the April 24, 2020 SIP revision would add these VOC 
emissions requirements to the LIP and more closely align the LIP with 
the SIP which contains a state rule analog at 15A NCAC 02D .0948, VOC 
Emissions From Transfer Operations. North Carolina adopted Rule 02D 
.0948 in 1994, and EPA approved it into the SIP on January 26, 1995. 
See 60 FR 5136. EPA most recently approved amendments to the state rule 
in North Carolina's SIP on August 27, 2001, to make minor 
administrative changes and clarifications. See 66 FR 34117.
    EPA is proposing to incorporate Rule 2.0948 into the LIP to add the 
aforementioned VOC emissions requirements and better align the LIP with 
the SIP. Adding this rule to the LIP will not interfere with any 
applicable CAA requirements.

H. Rule 2.0949, Storage of Miscellaneous Volatile Organic Compounds

    The April 24, 2020, revision adds Rule 2.0949, Storage of 
Miscellaneous Volatile Organic Compounds, to Section 2.0900. 
Mecklenburg adopted Rule 2.0949 on July 1, 1994. Rule 2.0949 applies to 
the storage of VOCs in stationary tanks, reservoirs, or other 
containers with a capacity greater than 50,000 gallons that are not 
covered by Rule 2.0925, Petroleum Liquid Storage in Fixed Roof Tanks, 
or Rule 2.0933, Petroleum Liquid Storage in External Floating Roof 
Tanks, and provides requirements for VOC storage at sources to which 
Rule 2.0949 applies.
    Approving the April 24, 2020 SIP revision would add these VOC 
emissions requirements to the LIP and more closely align the LIP with 
the SIP which contains a state rule analog at 15A NCAC 02D .0949, 
Storage of Miscellaneous Volatile Organic Compounds. North Carolina 
adopted Rule 02D .0949 in 1994, and EPA approved it into the SIP on 
January 26, 1995. See 60 FR 5136. EPA most recently approved amendments 
to Rule 02D .0949 on August 27, 2001, to remove the requirement of 
having the director approve the vapor recovery system or any other 
means of air pollution. See 66 FR 34117.
    EPA is proposing to incorporate Rule 2.0949 into the LIP to add the 
aforementioned VOC emissions requirements and better align the LIP with 
the SIP. Adding this rule to the LIP will not interfere with any 
applicable CAA requirements.

I. Rule 2.0958, Work Practice for Sources of Volatile Organic Compounds

    The April 24, 2020, revision modifies Rule 2.0958, Work Practice 
for Sources of Volatile Organic Compounds, by adding an exemption for 
sources subject to 40 CFR part 63 Subpart JJ (National Emissions 
Standards For Wood Furniture Manufacturing); \12\ amending the 
requirement from cleaning up spills within 30 minutes to cleaning them 
up as soon as possible following proper safety procedures; changing 
``painting'' to ``coating'' to clarify that solvents from the cleaning 
of all coating equipment must be contained properly; removing the 
requirement to minimize over application and over spray of all material 
containing VOCs; and changing ``all reasonable precautions'' to 
``precautions'' when reducing the pooling of solvent on and in the 
parts and making minor edits. These changes more closely align Rule 
2.0958 with the corresponding SIP-approved state rule at 15A NCAC 02D 
.0958, Work Practice for Sources of Volatile Organic Compounds.
---------------------------------------------------------------------------

    \12\ 40 CFR part 63 Subpart JJ contains work practice standards 
at 40 CFR 63.803.
---------------------------------------------------------------------------

    Rule 2.0958 was approved by EPA into the LIP on October 22, 2002 
(67 FR 64999). The rule established general work practices for VOC 
sources for controlling VOCs. EPA most recently approved amendments to 
the state rule in North Carolina's SIP on July 25, 2013. See 78 FR 
44890.
    EPA is proposing to approve this revision to make the 
aforementioned revisions and to better align the LIP with the SIP. EPA 
has preliminarily determined that this is consistent with federal 
regulations.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference MCAPCO Rules 2.0906, Circumvention; 2.0918, Can Coating; 
2.0919, Coil Coating; 2.0924, Magnet Wire Coating; 2.0925, Petroleum 
Liquid Storage in Fixed Roof Tanks; 2.0926, Bulk Gasoline Plants; 
2.0927, Bulk Gasoline Terminals; 2.0928, Gasoline Service Stations 
Stage I; 2.0930, Solvent Metal Cleaning; 2.0931, Cutback Asphalt; 
2.0933, Petroleum Liquid Storage in External Floating Roof Tanks; 
2.0937, Manufacture of Pneumatic Rubber Tires; 2.0944, Manufacture of 
Polyethylene: Polypropylene and Polystyrene; 2.0947, Manufacture of 
Synthesized Pharmaceutical Products; 2.0948, VOC Emissions from 
Transfer Operations; 2.0949, Storage of Miscellaneous Volatile Organic 
Compounds; and 2.0958, Work Practice for Sources of Volatile Organic 
Compounds, all of

[[Page 64105]]

which have an effective date of December 15, 2015, into the Mecklenburg 
County portion of the North Carolina SIP to update the rules to more 
closely align with their analog North Carolina rules in the SIP. Also 
in this document, EPA is proposing to remove MCAPCO Rules 2.0910, 
Alternative Compliance Schedules and 2.0929, Petroleum Refinery Sources 
from the Mecklenburg County portion of the North Carolina SIP, which is 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51. EPA has made, and will continue to make, the SIP generally 
available at the EPA Region 4 office (please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section of this 
preamble for more information).

V. Proposed Action

    EPA is proposing to approve the aforementioned revisions to the 
Mecklenburg LIP. Specifically, EPA is proposing to approve revisions to 
MCAPCO Rules 2.0926, Bulk Gasoline Plants; 2.0927, Bulk Gasoline 
Terminals; 2.0928, Gasoline Service Stations Stage 1; and 2.0958, Work 
Practice for Sources of Volatile Organic Compounds. EPA is also 
proposing to remove Rules 2.0910, Alternative Compliance Schedules and 
2.0929, Petroleum Refinery Sources and to add Rules 2.0947, Manufacture 
of Synthesized Pharmaceutical Products; 2.0948, VOC Emissions from 
Transfer Operations; and 2.0949, Storage of Miscellaneous Volatile 
Organic Compounds. EPA is proposing to approve these changes to the LIP 
because they are consistent with the CAA.
    EPA is also proposing to reincorporate the following rules with no 
changes or very few minor grammatical edits with a new effective date 
into the LIP: MCAPCO Rules 2.0906, Circumvention; 2.0918, Can Coating; 
2.0919, Coil Coating; 2.0924, Magnet Wire Coating; 2.0925, Petroleum 
Liquid Storage in Fixed Roof Tanks; 2.0930, Solvent Metal Cleaning; 
2.0931, Cutback Asphalt; 2.0933, Petroleum Liquid Storage in External 
Floating Roof Tanks; 2.0937, Manufacture of Pneumatic Rubber Tires; and 
2.0944, Manufacture of Polyethylene: Polypropylene and Polystyrene.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided they meet the criteria of the CAA. This proposed 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 proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: November 8, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-24900 Filed 11-16-21; 8:45 am]
BILLING CODE 6560-50-P


