Approval and Promulgation of Implementation Plans; North Carolina; Removal of Stage II Gasoline Vapor Recovery Program |
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Beverly H. Banister
Environmental Protection Agency
September 23, 2013
[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58184-58186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22965]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0140; FRL-9901-10-Region 4]
Approval and Promulgation of Implementation Plans; North
Carolina; Removal of Stage II Gasoline Vapor Recovery Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve changes to the North
Carolina State Implementation Plan (SIP) submitted by the State of
North Carolina Department of Environment and Natural Resources (NC
DENR), Division of Air Quality on September 18, 2009, for the purpose
of removing Stage II vapor control requirement contingency measures for
new and upgraded gasoline dispensing facilities in the State. The
September 18, 2009, SIP revision also addresses several non-Stage II
related rule changes. However, action on the other portions for the
September 18, 2009, SIP revision is being addressed in a separate
rulemaking action. EPA has determined that North Carolina's September
18, 2009, SIP revision regarding the Stage II vapor control
requirements is approvable because it is consistent with the Clean Air
Act (CAA or Act).
DATES: Effective Date: This rule will be effective October 23, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2009-0140. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the 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: For information regarding this action,
contact Ms. Kelly Sheckler, 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. Sheckler's telephone number is (404)
562-9222; email address: sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
EPA, under the CAA Amendments of 1990, designated (pursuant to
section 107(d)(1)) and classified certain counties in North Carolina,
either in their entirety or portions thereof, as ``moderate'' ozone
nonattainment areas for the 1-hour ozone national ambient air quality
standards (NAAQS). Specifically, the Charlotte-Gastonia Area (comprised
of Gaston and Mecklenburg Counties); the Greensboro-Winston-Salem-High
Point Area (comprised of Davidson, Davis (partial), Forsyth and
Guilford Counties); and the Raleigh-Durham Area (comprised of Durham,
Granville (partial), and Wake Counties) were all designated as
``moderate'' ozone nonattainment areas for the 1-hour ozone NAAQS. The
designations were based on the Areas' 1-hour ozone design values for
the 1987-1989 three-year period. The ``moderate'' classification
triggered various statutory requirements for these Areas including the
Stage II vapor recovery requirements pursuant to section 182(b)(3) of
the CAA.
[[Page 58185]]
Prior to the deadline for implementing the requirements of section
182(b)(3) of the CAA, the Charlotte-Gastonia, Greensboro-Winston-Salem-
High Point and Raleigh-Durham Areas in North Carolina attained the 1-
hour ozone NAAQS. North Carolina had implemented all measures then
required for moderate ozone nonattainment areas under the CAA, and with
three years of data (1990-1992), demonstrated compliance with the 1-
hour ozone NAAQS.
Subsequently, NC DENR submitted to EPA 1-hour ozone maintenance
plans and requests for redesignation for the three moderate
nonattainment areas. As part of the associated 1-hour ozone maintenance
plans for these areas, North Carolina provided contingency measures
that included regulation 15A North Carolina Administrative Code (NCAC)
02D.0953 (hereafter referred to as rule .0953), entitled Vapor Return
Piping for Stage II Vapor Recovery, for all new or improved gasoline
tanks, and 15A NCAC 02D.0954 (hereafter referred to as rule .0954),
entitled Stage II Vapor Recovery. These contingency measures were never
activated as the Areas all continued to attain the 1-hour ozone NAAQS.
EPA approved the redesignation requests and the maintenance plans for
the Charlotte-Gastonia Area on July 5, 1995 (60 FR 34859), the
Greensboro-Winston-Salem-High Point Area on September 9, 1993 (58 FR
47391), and the Raleigh-Durham Area on April 18, 1994 (59 FR 18300).
On September 18, 2009, NC DENR submitted a SIP revision to remove
Stage II vapor control contingency measure requirements from the 1-hour
maintenance plans for the Charlotte-Gastonia, Greensboro-Winston-Salem-
High Point, and Raleigh-Durham Areas. In addition, the removal of rules
.0953 and .0954 necessitated amendments of rules 15A NCAC 02D.0902(d)--
Applicability (hereafter referred to as rule .0902(d)), 15A NCAC
02D.0909--Compliance schedules for Sources in new nonattainment Areas
(hereafter referred to as rule .0909), and 15A NCAC 02D.0952--Petitions
for Alterative Controls for RACT (hereafter referred to as rule .0952)
in North Carolina's SIP.\1\ Accordingly, NC DENR's September 18, 2009,
SIP revision also changes rules .0902(d), .0909, and .0952 to remove
subparagraphs referencing the repealed Stage II rules .0953 and .0954.
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\1\ North Carolina's SIP revision also make changes to Rule 15A
NCAC 02Q.0102--Activities Exempted from permit requirements
regarding New Source Performance Standards and Rule 15A NCAC
02D.1110--National Emission Standards for Hazardous Air Pollutants.
EPA is not taking action in today's action to approve these changes
and these rules are not currently part of North Carolina's
federally-approved SIP.
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On June 7, 2013, EPA published a proposed rulemaking to approve
North Carolina's September 18, 2009, SIP revision related to Stage II.
Detailed background for today's final rulemaking can be found in EPA's
June 7, 2013, proposed rulemaking. See 78 FR 34303. The comment period
for this proposed rulemaking closed on July 8, 2013. EPA did not
receive any comments, adverse or otherwise, during the public comment
period.
II. Final Action
EPA is taking final action to approve the SIP revision submitted by
North Carolina for the purpose of removing Stage II vapor control
contingency measure requirements for new and upgraded gasoline
dispensing facilities in the Charlotte-Gastonia, Greensboro-Winston-
Salem-High Point, and Raleigh-Durham Areas. Specifically, this action
removes Stage II rules .0953 and .0954 from the North Carolina SIP, and
amends rules .0902(d), .0909, and .0952 to reflect the removal of rules
.0953 and .0954 in the State's implementation plan. EPA has determined
that North Carolina's September 18, 2009, SIP revision related to the
State's Stage II rules is consistent with the CAA and EPA's regulations
and guidance.
III. 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 approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 22, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not
[[Page 58186]]
be challenged later in proceedings to enforce its requirements. See
section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 29, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart II--North Carolina
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2. Section 52.1770(c), under Table 1, is amended by revising the
entries for ``.0902,'' ``.0909,'' ``.0952,'' ``.0953,'' and ``.0954''
to read as follows:
Sec. 52.1770 Identification of plan.
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(c) * * *
Table 1--EPA Approved North Carolina Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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.0900 Volatile Organic Compounds
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Sect .0902....... Applicability........ 5/1/2013 9/23/2013 [Insert This approval does not include
citation of the start-up shutdown language
publication]. as described in Section II. A.
a. of EPA's 3/13/2013 proposed
rule (78 FR 15895)
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Sect .0909....... Compliance Schedules. 5/1/2013 9/23/2013 [Insert
citation of
publication].
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Sect .0952....... Petitions for 9/18/2009 9/23/2013 [Insert
Alternative Controls citation of
for RACT. publication].
Sect .0953....... Vapor Return Piping 9/18/2009 9/23/2013 [Insert This rule has been repealed as
for Stage II Vapor citation of state effective 9/18/2009.
Recovery. publication].
Sect .0954....... Stage II Vapor 9/18/2009 9/23/2013 [Insert This rule has been repealed as
Recovery. citation of state effective 9/18/2009.
publication].
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[FR Doc. 2013-22965 Filed 9-20-13; 8:45 am]
BILLING CODE 6560-50-P