[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Proposed Rules]
[Pages 38436-38441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12601]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0406; FRL-10991-01-R4]


Air Plan Approval; North Carolina; Bulk Gasoline Plant and 
Terminal Vapor Recovery Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
North Carolina Department of Environmental Quality (NCDEQ), Division of 
Air Quality (DAQ), via a letter dated April 13, 2021. This SIP revision 
includes changes to NCDEQ's regulations regarding bulk gasoline 
terminals and plants, gasoline cargo tanks and vapor collection 
systems, and leak tightness and vapor leak requirements. The EPA is 
proposing to approve these changes pursuant to the Clean Air Act (CAA 
or Act).

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

[[Page 38437]]


ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0406 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary 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: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mrs. Sheckler can be 
reached via electronic mail at [email protected] or via telephone 
at (404) 562-9222.

SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?

    The EPA is proposing to approve changes to North Carolina's SIP 
that were provided to EPA by NCDEQ via a letter dated April 13, 
2021.\1\ Specifically, the EPA is proposing approval of changes to 15A 
North Carolina Administrative Code (NCAC) Subchapter 02D, Rules .0926, 
Bulk Gasoline Plants; .0927, Bulk Gasoline Terminals; .0932, Gasoline 
Cargo Tanks and Vapor Collection Systems; and .2615, Determination of 
Leak Tightness and Vapor Leaks.\2\ The changes to these rules, as well 
as EPA's analysis of the changes, are discussed in the following 
section.\3\
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    \1\ EPA notes that the April 13, 2021, submittal was received by 
EPA on April 14, 2021.
    \2\ EPA also notes that the Agency received several revisions to 
the North Carolina SIP transmitted with the same April 13, 2021, 
cover letter. EPA is not proposing to act on revisions to the North 
Carolina SIP in this notice that are not explicitly identified 
herein. EPA may act on these other SIP revisions in separate 
rulemakings.
    \3\ On July 6, 2022, NCDEQ submitted a letter to EPA withdrawing 
the references to 02D .0960 from Rules 02D .0926 and 02D .0927. For 
this reason, EPA will not act on those changes in Rules 02D .0926 
and 02D .0927.
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II. EPA's Analysis of North Carolina's April 13, 2021, Submittal

    Follows is EPA's analysis of the changes in the April 13, 2021, SIP 
revision that are the subject of this proposed rulemaking.

A. Rule 15A NCAC 02D .0926, Bulk Gasoline Plants

    North Carolina's April 13, 2021, SIP revision includes changes to 
Rule 02D .0926, Bulk Gasoline Plants, by adding one definition, 
removing obsolete language, clarifying some requirements, and making 
general grammar and formatting updates.\4\ The EPA provides further 
detail below concerning the proposed changes to Rule 02D .0926.
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    \4\ In Paragraph (n), North Carolina's Rule references Rule 02D 
.0960 which is not in the SIP. DAQ has withdrawn that reference in 
Paragraph (n) from the April 13, 2021, SIP revision.
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    First, North Carolina's SIP revision adds a definition at 02D 
.0926(a)(5) for ``Cargo tank.'' All other definitions in this rule were 
renumbered accordingly to reflect this change. This is a new definition 
that refers to storage vessels on freight trucks or trailers that are 
used to transport gasoline from sources of supply to stationary storage 
tanks of bulk gasoline terminals, bulk gasoline plants, gasoline 
dispensing facilities, and gasoline service stations. The term ``cargo 
tank'' replaces the terms ``tank truck,'' ``trailer,'' ``trucks,'' 
``tank truck or trailer,'' ``tank trucks or trailers,'' and ``trucks or 
trailers'' throughout Rule 02D .0926. These terms were not previously 
defined in Rule 02D .0926. The effect of this change is to clarify that 
the rule applies to cargo tanks rather than the motor vehicles the 
tanks are attached to. This is clarifying in nature because the rule 
has always pertained to the stationary source emissions released from 
the cargo tanks attached to trucks and trailers, rather than the mobile 
source emissions from motor vehicles.
    North Carolina has also made several modifications outside the 
definitions section in Paragraph (a) that similarly do not result in 
any changes to the meaning of the regulation. North Carolina has 
removed the date ``May 1, 1993'' from Paragraph (c) in Rule 02D .0926. 
Paragraph (c) previously required that owners or operators of bulk 
gasoline plants not transfer gasoline to any storage tanks after May 1, 
1993, unless both the unloading cargo tank and the receiving stationary 
storage tank were equipped with an incoming vapor balance system and 
the receiving stationary storage tank was equipped with a fill line. 
North Carolina also removed the date ``November 1, 2002,'' in Paragraph 
(j) of the Rule, which set a deadline by which all tanks used at bulk 
gasoline plants must be painted. These dates, triggering their 
respective compliance requirements, have passed. Therefore, removal of 
these dates does not alter current regulatory requirements.
    Another modification in the SIP revision that does not change the 
meaning of the regulation is in Paragraph (g). This paragraph requires 
that all gasoline bulk plants located in a nonattainment area for ozone 
comply with the control requirements outlined in Paragraphs (d) and 
(e), even if the average daily throughput falls below the applicable 
threshold. The proposed changes to the SIP-approved rule simply 
streamline the language to make it more succinct. An additional 
clarifying edit North Carolina made was to add the word ``volatile'' in 
front of ``organic material'' each time that phrase is used in 
Paragraph (i). Rule 02D .0926 has always regulated volatile organic 
compounds (VOCs), so this modification does not change the meaning of 
these provisions and simply provides a more accurate description of the 
regulated pollutants. Also, in Paragraph (n), North Carolina revised 
the sentence to provide clarity by including cross-references to the 
applicable SIP-approved rules rather than summarizing the nature of 
those rules. Specifically, the changes include adding complete 
citations for 15A NCAC 02D .0932 and .2615, which provide the 
regulatory requirements to certify a cargo tank as leak tight (.0932) 
and in compliance with testing requirements (.2615).
    Next, North Carolina broadens the definition of ``Bulk Gasoline 
Terminal'' by referring to gasoline storage facilities that have an 
average daily throughput of ``greater than or equal'' to 20,000 
gallons, rather than only ``more'' than 20,000 gallons.
    The remaining changes to Rule 02D .0926 are primarily minor 
language edits, reformatting edits, and grammatical corrections. For 
example, one language modification concerns word preference and changes 
the word ``usually'' to ``typically.'' Another change capitalizes the 
words ``vapor'' and ``pressure'' in ``Reid Vapor Pressure'' and adds 
the abbreviation ``(RVP)''.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable

[[Page 38438]]

requirement concerning attainment of the national ambient air quality 
standards (NAAQS) and reasonable further progress, or any other 
applicable requirement of the Act.\5\ Therefore, the EPA is proposing 
to approve the aforementioned changes to 02D .0926 into the North 
Carolina SIP.
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    \5\ CAA Section 110(l) prohibits EPA from approving a SIP 
revision if the revision ``would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
(as defined in section 7501 of this title), or any other applicable 
requirement of this chapter.''
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B. Rule 15A NCAC 02D .0927, Bulk Gasoline Terminals

    North Carolina's April 13, 2021, SIP revision includes changes to 
Rule 02D .0927, Bulk Gasoline Terminals, by adding two definitions, 
removing one, clarifying some requirements, and making general grammar 
and formatting updates.\6\ The EPA provides further detail below 
concerning the proposed changes to Rule 02D .0927.
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    \6\ Similar to the changes in Rule 02D .0926(n), Rule 02D 
.0927(k) also references Rule 02D .0960 which is not in the SIP. DAQ 
has withdrawn that reference in Paragraph (k) from the April 13, 
2021, SIP revision.
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    North Carolina has added two definitions and removed one in Rule 
02D .0927. First, in Paragraph (a), North Carolina has added a 
definition for the term ``Pipeline breakout station'' and consequently 
removed the term ``Breakout tank'' and its definition, which referred 
to singular storage tanks rather than the facilities containing storage 
tanks along pipelines. This change clarifies which specific breakout 
tanks are regulated by Rule 02D .0927 (i.e., those located along bulk 
gasoline terminal pipelines).\7\ The addition of ``Pipeline breakout 
station'' and removal of ``Breakout tank'' has no effect on emissions 
as the change only provides more specificity as to where the tanks that 
were already regulated by the Rule are located. Lastly, like Rule 02D 
.0926, North Carolina has added a definition for ``Cargo tank''. The 
term cargo tank replaces the same terms in Rule 02D .0927 that are 
replaced in Rule 02D .0926. The addition of ``cargo tank'' is 
clarifying in nature for the same reasons outlined in Section II.A, 
above. The terms in Paragraph 02D .0927(a) have consequently been 
renumbered to account for these changes.
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    \7\ In Paragraph (a)(1), North Carolina has modified the 
definition of ``Bulk gasoline terminal'' by replacing the term 
``breakout tanks'' with ``a pipeline breakout station'' for 
consistency with the modifications to the definition section.
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    North Carolina made several clarifying edits to Rule 02D .0927 
outside the definitions section in Paragraph (a) which similarly do not 
change the meaning of the regulation. In Paragraph (c), North Carolina 
has clarified that the owner or operator of a bulk gasoline terminal 
must obtain and maintain records of a pre-installation certification 
from the manufacturer stating the vapor control efficiency of the 
system in use. In Paragraphs [euro] and (f), North Carolina removed the 
initial compliance date of December 1, 2002. These paragraphs require 
the owner or operator of bulk gasoline terminals to paint all gasoline 
storage tanks white or silver and install an external floating roof 
tank as a self-supporting roof, such as a geodesic dome. The December 
1, 2002, compliance date has passed; therefore, removal of this date 
does not alter current regulatory requirements.
    Another clarifying edit specifies in Paragraph (a)(5) that 
``gasoline'' refers to a petroleum distillate with an RVP of ``4.0 psi 
or greater'' instead of ``four psia or greater.'' The term ``psia'' is 
changed to ``psi'' which correctly specifies the RVP of gasoline and is 
consistent with the standard abbreviation in the CAA (See, e.g., CAA 
section 211(h)).\8\ Paragraph (p)(2) has also been reworded for clarity 
to ensure that records on inspections include findings detailing the 
location, nature, and severity of each leak. In Paragraph (k), North 
Carolina has added cross-references to other SIP-approved rules, 
specifically 15 NCAC 02D .0932 and .2615. This modification clarifies 
the meaning of what ``certified leak tight'' means for cargo tanks by 
referencing the regulatory requirements to certify a cargo tank is leak 
tight. North Carolina also changes a citation in the definition for 
``Leak'' in Paragraph (a)(6). This citation for a reference method 
using a combustible gas detector to detect gas leaks was changed from 
15A NCAC 02D .0940 to Appendix B of EPA-450/2-78-051. Since the new 
test method is identical to the previous reference, EPA finds this 
change acceptable.
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    \8\ The term ``psia'' means pounds per square inch absolute, 
which refers to the pressure that a gauge would read plus the 
addition of atmospheric pressure, which is always present. RVP is 
measured in psi (i.e., without the addition of atmospheric 
pressure).
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    The remaining changes to Rule 02D .0927 are primarily minor 
language edits, reformatting edits, and grammatical corrections. For 
example, one language edit throughout the rule changes the formatting 
of rules from using the phrase ``Section'' to ``15A NCAC 02D''. Another 
edit concerns word preference and changes the word ``usually'' to 
``typically''.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS or any other applicable requirement of the Act. 
Therefore, the EPA is proposing to approve the aforementioned changes 
to 02D .0927 into the North Carolina SIP.

C. Rule 15A NCAC 02D .0932, Gasoline Cargo Tanks and Vapor Collection 
Systems

    North Carolina's April 13, 2021, SIP revision includes changes to 
15A NCAC 02D .0932, Gasoline Cargo Tanks and Vapor Collection Systems, 
which was revised to update definitions, revise the acceptable methods 
for certification, revise recordkeeping requirements, remove obsolete 
language, correct grammar, and update the format of references.
    North Carolina has added two definitions and removed two 
definitions. First, as with Rules 02D .0926 and 02D .0927, North 
Carolina has added a definition for ``Cargo tank'' and replaced several 
terms throughout Rule 02D .0932 with the term ``cargo tank.'' This 
definition replaces the definition for ``Truck tank,'' which also 
referred to the same storage containers used to transport gasoline; 
however, the change more accurately describes the storage vessels that 
the rule applies to. The EPA preliminarily finds this change to be 
clarifying in nature for the same reasons outlined in Section II.A, 
above. North Carolina has also replaced the definition of ``Truck tank 
vapor collection equipment'' with a definition of ``Cargo tank vapor 
collection equipment'' to identify what exactly constitutes the vapor 
collection equipment. The new definition is identical to the old one 
except for specifying that the term now refers to the vapor collection 
equipment for cargo tanks rather than the equipment for truck tanks. As 
the new definition more accurately identifies what the Rule applies to, 
EPA finds these changes to be clarifying in nature. Paragraph (a) has 
been renumbered and reformatted to account for these changes.
    North Carolina has also modified the definition of ``Certified 
Facility,'' which it has renamed as ``Cargo tank testing facility'' for 
consistency with the newly added definitions. The new definition 
removes a cross-reference to Rule 02D .0960, which is not in the SIP 
and required certification via a sticker that gasoline cargo tanks had 
passed an EPA Appendix A Method 27 (Method 27) (see 40 CFR 63.425) leak 
tightness test. Instead, North Carolina is modifying Paragraph (a)(5) 
of this rule to cite to Subpart F of 49 CFR part 107. The modification 
would require cargo tank testing facilities to comply with the

[[Page 38439]]

registration requirements outlined in Subpart F of 49 CFR part 107. As 
explained in further detail in Section II.D below, the EPA is proposing 
to approve a modification to Rule 02D .2615 that would require the use 
of either a Method 27 test or a 49 CFR 180.407 test for leak 
tightness.\9\ The effect of these modifications is to eliminate the 
North Carolina specific stickers certifying compliance with Method 27, 
and instead require certification via a USDOT inspection sticker that 
signifies the gasoline cargo tank passed either the Method 27 or 49 CFR 
180.407 leak test.10 11 The Federal Motor Carrier Safety 
Administration (FMCSA) program oversees cargo tank testing facilities 
that conduct these tests as a part of the USDOT inspection. The USDOT 
inspection uses either the 49 CFR 180.407 leak test or Method 27 to 
test for leak tightness. Allowing owners and operators of gasoline 
cargo tanks to rely on the USDOT inspection sticker to signify passing 
the leak test would eliminate a duplicative requirement that owners and 
operators go through North Carolina specific inspections in addition to 
USDOT inspections. The EPA preliminarily finds this change approvable 
because the modification is consistent with changes to the other rules 
in this notice and will not impact air quality because the alternative 
test is at least as stringent as Method 27, as discussed in Section 
II.D of this notice of proposed rulemaking (NPRM). Therefore, the 
change will not interfere with attainment and maintenance of the NAAQS 
or any other applicable requirement of the Act.
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    \9\ 49 CFR 180.407(h) requires the use of the leak test in 49 
CFR 180.407(c) but allows cargo tanks ``used to transport petroleum 
distillate fuels that are equipped with vapor collection equipment'' 
to be leak tested in accordance with Method 27. See 180.407(h)(1) 
and (h)(3). However, the ``hydrostatic test alternative, using 
liquid in [Method 27] may not be used to satisfy the leak testing 
requirements of this paragraph. The test must be conducted using 
air.'' See 180.407(h)(3). EPA explains in Section II.D of this NPRM 
that the 49 CFR 180.407 test is at least as stringent as the Method 
27 test.
    \10\ Rule 02D .0932(c)(2) requires each gasoline cargo tank that 
has been certified leak tight to display a sticker near the USDOT 
certification plate that complies with the test and inspection 
marking requirements outlined in 49 CFR 180.415.
    \11\ 49 CFR 180.415 requires each cargo tank that has 
successfully passed the inspection and testing requirements outlined 
in 49 CFR 180.407 to be marked near the specification plate or front 
head of the cargo tank with the date of the last applicable test or 
inspection and an identifier for the type of test or inspection. For 
ease of reference, EPA refers to this marking as the ``USDOT 
inspection sticker'' throughout this notice. For additional 
information, see the May 24, 2023, email from Randy P. Strait, North 
Carolina Department of Environmental Quality, to Lynorae Benjamin, 
EPA Region 4.
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    North Carolina has also made a modification to the Rule that 
clarifies the meaning of Paragraph (c)(1). In Paragraph (c)(1), cross 
references to Rule 02D. 0912 and Section 02D .2600 are removed and 
replaced with a cross reference to Rule 02D .2615. The modification 
requires a gasoline cargo tank to be certified to be leak tight 
pursuant to the test procedures outlined in Rule 02D .2615 and removes 
a reference to Rule 02D .0912. These changes are not substantive 
because Rule 02D .0912 requires owners or operators of VOC sources to 
demonstrate compliance by the methods described in Section 2600, and 
Rule 02D .2615 is the only rule in Section 2600 applicable to Rule 02D 
.0932.
    North Carolina has also made changes to Paragraphs (c) and (d) that 
modify the meaning of those provisions. First, in Paragraphs (c)(5)(A) 
through (H), which contain recordkeeping requirements, North Carolina 
has updated the information required for recordkeeping. The changes to 
the recordkeeping requirements update the paragraph to account for the 
49 CFR 180.407 test for leak tightness, include a requirement to 
provide information concerning any corrective repairs made to the cargo 
tank, and remove the reference to North Carolina specific inspection 
stickers certifying compliance with Method 27, consistent with the 
change discussed above eliminating the state sticker requirement. 
Additionally, the changes require more information in the leak test 
records, including but not limited to: (1) contact information of the 
cargo tank testing facility, (2) the name and signature of the 
individual performing the leak test as well as the owner of the tank, 
(3) the identification number of the tank, (4) documentation of the 
test date and results, and (5) other information. The new recordkeeping 
requirements will comprehensively cover the required information to 
determine whether cargo tanks comply with either Method 27 or 49 CFR 
180.407. North Carolina has also modified Paragraph (d)(4) to now 
require the Director to allow less frequent monitoring if no more than 
10 leaks are found after two complete annual checks and require more 
frequent monitoring if more than 20 leaks are found. These requirements 
were previously discretionary, and the Director could decide whether to 
require less or more monitoring. The EPA is proposing to approve this 
change because it requires more frequent monitoring if more than 20 
leaks are found and because the SIP currently allows the Director to 
require less frequent monitoring if no more than 10 leaks are found.
    The remaining changes to Rule 02D .0927 are primarily minor 
language edits, reformatting edits, and grammatical corrections. For 
example, North Carolina removed the words ``that is'' from the phrase 
``that is flush'' in describing how an opening in a storage tank is 
connected to the tank bottom. Another change replaces the terminology 
``breakout tanks'' with ``pipeline breakout stations'' to reflect the 
change in terminology in 02D .0927. North Carolina has also reformatted 
how it refers to rules, changing ``Rule .2615'' to ``15A NCAC 02D 
.2615,'' for example.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS or any other applicable requirement of the Act. 
Therefore, EPA is proposing to approve the aforementioned changes to 
Rule 02D .0932 into the North Carolina SIP.

D. Rule 15A NCAC 02D .2615, Determination of Leak Tightness and Vapor 
Leaks

    North Carolina's April 13, 2021, SIP revision includes changes to 
15A NCAC 02D .2615, Determination of Leak Tightness and Vapor Leaks. 
Specifically, these changes include adding a new test procedure to 
determine the leak tightness of cargo tanks, updating a website 
reference, and updating the formatting of rule references.
    As mentioned in Section II.C, the SIP revision includes changes to 
Rule 02D .2615 to allow gasoline cargo tanks to obtain a leak test 
certification using the USDOT 49 CFR 180.407 methodology as an 
alternative to Method 27. This change, and the change to Rule 02D 
.0932(a)(5) discussed above, center on eliminating the North Carolina 
specific inspection stickers certifying the exclusive use of Method 27. 
This change allows gasoline cargo tanks receiving leak test 
certification to be tested using either the Method 27 or the USDOT 49 
CFR 180.407 methodology. Once a cargo tank has passed either leak test, 
the owner or operator of the cargo tank must display a USDOT inspection 
sticker signifying the gasoline cargo tank has passed. This SIP-
approved rule and the proposed change, if approved by the EPA, do not 
impact the applicability of any federal standards that cover these 
sources independent of the SIP such as New Source Performance Standards 
and National Emission Standards for Hazardous Air Pollutants. These 
sources must also comply with those federal standards. As an example, 
40 CFR part 60, subpart XX, Standards of Performance for Bulk Gasoline

[[Page 38440]]

Terminals, requires each gasoline tank truck subject to this federal 
rule to have vapor tightness documentation on file and updated at least 
once per year to reflect current test results as determined by Method 
27. See 40 CFR 60.505(b). Thus, any gasoline tank truck subject to 
subpart XX must annually determine its vapor tightness using EPA 
Reference Method 27, and no other testing options are available for 
meeting the vapor tightness documentation requirement of subpart XX.
    The purpose of the Method 27 and USDOT leak tests is to detect tank 
leaks of volatile vapors (i.e., fugitive VOCs) while under pressure 
during product loading. The USDOT tests are performed by certified 
inspectors registered with USDOT who are held to strict record keeping 
practices. See 49 CFR 180.409; 40 CFR 180.417. The registered 
inspectors perform both the USDOT leak test as well as the Method 27 
test, which under 49 CFR 180.407, can be performed as an alternative 
for those cargo tanks equipped with vapor collection equipment 
dedicated to the transportation of petroleum distillate fuels. See 49 
CFR 180.407(h)(2). The primary change to North Carolina's cargo tank 
certification program is to allow reliance on the certification of test 
facilities by the FMCSA, rather than to require reliance on a 
duplicative state-specific program to ensure that cargo tanks do not 
leak. USDOT and the North Carolina rule both will continue to require 
gasoline cargo tanks to be tested annually and certified leak tight.
    North Carolina's SIP revision includes a demonstration showing that 
the tests are comparable in identifying repairs necessary to correct 
leaks and that the change does not interfere with any applicable 
requirement concerning attainment of the NAAQS or any other applicable 
requirement of the Act. The two leak test methods are similar in that 
each method requires the cargo tank to be pressurized to check for 
leaks. The main difference is that the USDOT method requires pressure 
testing of each chamber of a cargo tank, whereas Method 27 requires 
pressure testing of the whole tank by opening the chambers.\12\ 
Although chamber by chamber pressure testing takes longer, it 
identifies leak locations for repair better than Method 27. Cargo tanks 
typically contain three or more chambers for fuel. The EPA anticipates 
that many gasoline cargo tanks in North Carolina will continue to use 
Method 27 since it takes less time than the USDOT method.
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    \12\ Method 27 also includes a vacuum test in addition to the 
pressure test. The USDOT rule only allows the use of Method 27 for 
cargo tanks equipped with vapor collection equipment transporting 
petroleum distillate fuels. See 49 CFR 180.407(h)(2) and footnote 
10.
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    The EPA has reviewed the demonstration provided by North Carolina 
in the April 13, 2021, submittal and agrees that that rule changes 
would not increase VOC emissions \13\ or interfere with attainment and 
maintenance of any NAAQS. Regarding the NAAQS pollutant ozone, North 
Carolina is a nitrogen oxide (NOX) limited jurisdiction, 
which means ozone formation is limited to the amount of NOX 
available in the ambient air, not the amount of VOC. Therefore, EPA 
does not expect this to have an appreciable impact on ground level 
ozone formation. Furthermore, the proposed rule changes would have no 
impact on the direct emissions of any NAAQS pollutant.
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    \13\ VOCs are precursors to the NAAQS for ozone and particulate 
matter.
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    For the reasons discussed above and in North Carolina's 
noninterference demonstration, the changes to Rule 02D .2615 would not 
interfere with any applicable requirement concerning attainment of the 
NAAQS or any other applicable requirement of the Act. The revised 
program will reduce the burden of a duplicative leak inspection for 
cargo tank owners as they will only be required to test and obtain a 
single certification sticker.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference as discussed 
in paragraph II, A-D of this preamble. In accordance with the 
requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the following North Carolina rules in 15A NCAC Subchapter 
02D: Rule 02D .0926, Bulk Gasoline Plants (state effective November 1, 
2020); Rule 02D .0927, Bulk Gasoline Terminals (state effective 
November 1, 2020); Rule 02D .0932, Gasoline Cargo Tanks and Vapor 
Collection Systems (state effective October 1, 2020); and Rule 02D 
.2615, Determination of Leak Tightness and Vapor Leaks (state effective 
October 1, 2020). The EPA has made, and will continue to make, these 
materials 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).

IV. Proposed Action

    The EPA is proposing to approve North Carolina's April 13, 2021, 
SIP revision to incorporate changes to North Carolina's bulk gasoline 
plant, terminal, and vapor recovery system rules into the SIP. 
Specifically, EPA is proposing to approve the changes as described to 
02D .0926, Bulk Gasoline Plants; 02D .0927, Bulk Gasoline Terminals; 
02D .0932, Gasoline Cargo Tanks and Vapor Recovery Collection Systems; 
and 02D .2615, Determination of Leak Tightness and Vapor Leaks. EPA is 
proposing to approve these changes because they meet CAA requirements 
and would not interfere with any applicable requirement concerning 
attainment or reasonable further progress.

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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided they meet the criteria of the CAA. 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 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); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.

[[Page 38441]]

    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    NCDEQ did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. The EPA did not perform an EJ 
analysis and did not consider EJ in this proposed action. Due to the 
nature of the action being proposed here, this proposed action is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
proposed action, and there is no information in the record inconsistent 
with the stated goal of E.O. 12898 of achieving EJ for people of color, 
low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 6, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-12601 Filed 6-12-23; 8:45 am]
BILLING CODE 6560-50-P


