Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 15895 

Food Combinations for Activities 

(Outside the Farm Definition) 

Conducted in a Facility Co-Located on 

a Farm’’ (the draft RA) that we made 

available for public comment in the 

Federal Register of January 16, 2013. 

We are reopening the comment period 

to update comments and to receive any 

new information. 

DATES: Submit either electronic or 

written comments by May 16, 2013. 

ADDRESSES: Submit electronic 

comments to http:// 

www.regulations.gov. Submit written 

comments to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Jenny Scott, Center for Food Safety and 

Applied Nutrition (HFS–300), Food and 

Drug Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740, 240– 

402–2166. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of January 16, 

2013 (78 FR 3824), we published a 

notification with a 30-day comment 

period announcing the availability of, 

and requesting comment on, a 

document entitled ‘‘Draft Qualitative 

Risk Assessment of Risk of Activity/ 

Food Combinations for Activities 

(Outside the Farm Definition) 

Conducted in a Facility Co-Located on 

a Farm.’’ The purpose of the draft RA is 

to provide a science-based risk analysis 

of those activity/food combinations that 

would be considered low risk. We 

conducted this draft RA to satisfy 

requirements of the FDA Food Safety 

Modernization Act (FSMA) to conduct a 

science-based risk analysis and to 

consider the results of that analysis in 

rulemaking that is required by FSMA. In 

the Federal Register of January 16, 2013 

(78 FR 3646), we announced that we 

had used the results of the draft RA to 

propose to exempt certain food facilities 

(i.e., those that are small or very small 

businesses that are engaged only in 

specific types of onfarm manufacturing, 

processing, packing, or holding 

activities identified in the draft RA as 

low-risk activity/food combinations) 

from the proposed requirements of the 

Federal Food, Drug, and Cosmetic Act 

for hazard analysis and risk-based 

preventive controls (the proposed 

preventive controls rule). Interested 

persons were originally given until 

February 15, 2013, to comment on the 

draft RA. 

II. Request for Comments 

Following publication of the 

notification announcing the availability 

of, and requesting comment on, the draft 

RA, we received three requests to allow 

interested persons additional time to 

comment. The requesters asserted that 

the time period of 30 days was 

insufficient to respond fully to FDA’s 

specific requests for comments and to 

allow potential respondents to 

thoroughly evaluate and address 

pertinent issues. Two requesters 

considered that the comment period for 

the draft RA should conform to the 

comment period of the proposed 

preventive controls rule. (One of these 

requesters further requested that the 

comment period conform to that of 

another proposed rule published in the 

Federal Register of January 16, 2013 (78 

FR 3504; the proposed produce safety 

rule) and other major rulemakings that 

FDA would be conducting under FSMA 

but were not yet published.) For similar 

reasons, another requestor considered 

that the comment period should be 

extended by another 120 days, to June 

14, 2013. 

We have considered the requests and 

are reopening the comment period for 

the draft RA until May 16, 2013, which 

conforms to the comment periods of the 

proposed preventive controls rule and 

the proposed produce safety rule. We 

believe that this extension allows 

adequate time for interested persons to 

submit comments without significantly 

delaying the associated rulemaking in 

the proposed preventive controls rule. 

III. How To Submit Comments 

Interested persons may submit either 

electronic comments regarding this 

document to http://www.regulations.gov 

or written comments to the Division of 

Dockets Management (see ADDRESSES). It 

is only necessary to send one set of 

comments. Identify comments with the 

docket number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday, and 

will be posted to the docket at http:// 

www.regulations.gov. 

Dated: March 7, 2013. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2013–05730 Filed 3–12–13; 8:45 am] 

BILLING CODE 4160–01–P 

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. 

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 CharlotteGastonia-Rock Hill, North CarolinaSouth Carolina 1997 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘bi-state Charlotte Area’’). The bistate 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 bistate 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. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
15896 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 

1Portions 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. 

2Effective 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. 

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 bistate 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. 

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 postenactment CTG; and (3) all major 

sources not covered by a CTG (i.e., nonCTG 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 


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3On 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. 

4The 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. 

5Section 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. 

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. 

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

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 

I .......... Pre-1990 CAA Amendment CTG ..................................................... Pre-CAA Amendment CTG. 

As of January 1978 the first 15 CTG categories were established. 

Ten additional CTG categories were issued in 1978 (1 of those 

(vegetable oil) was rescinded).

The first 25 CTG categories were due to be adopted by the states 

by 1980. EPA initially approved most of these rules into the 

state 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 The group of CTG established 

in 60 FR 15264, March 23, 1995, were broken into subsets 

called ‘‘Group I, II, III and IV’’ (some of these CTG are updates 

of previously established CTG)).

September 15, 2006 (40 CFR 51.912, RACT SIPs due for the 

1997 8-hour ozone NAAQS). 

II ......... 71 FR 58745, October 5, 2006 ........................................................ October 5, 2007. 

III ........ 72 FR 57215, October 9, 2007 ........................................................ October 9, 2008. 

IV ........ 73 FR 58481, October 7, 2008 ........................................................ October 7, 2009. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
15898 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 

6SIP revisions submitted on April 6, 2007, June 

15, 2007, January 31, 2008, November 19, 2008, 

February 3, 2010, and April 6, 2010, 

7SIP revisions submitted on October 14, 2004, 

April 6, 2007, January 31, 2008, September 18, 

2009, and November 9, 2010. 

8Additional information regarding the 

conditional approval is found in Section III of this 

action. 

9South Carolina met the RACT requirements for 

the South Carolina portion of the bi-state Charlotte 

Area. 

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. 

11The 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. 

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

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

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. 

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 


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12While 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. 

13The 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. 

14As 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. 

15These rules are repealed because CAIR replaced 

the NOX Budget Trading Program for North 

Carolina. 

16The 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). 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. 

18North 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. 

19The 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. 

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. 

d. Summary of the January 31, 2008, SIP 

Submittal 13

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. 

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

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

f. Summary of the September 18, 2009, 

SIP Submittal 17

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. 

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. 

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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
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20The 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. 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. 

22The 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. 

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

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

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

B. RACT Analysis for Major Sources for 

NOx 

In the mid 1990s, North Carolina’s 

Division of Air Quality completed a 


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23NOx 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. 

24This was federally approved into the SIP. See 

67 FR 78987, December 27, 2002. 

25This was federally-approved into the SIP on 

September 26, 2011. See 76 FR 59250. 

26See Phase 2 Ozone Implementation Rule, 70 FR 

71617. 

27See NRDC v. EPA, 571 F.3d 1245 (DC Cir. 

2009). 

28See 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. 

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. 

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. 

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 coalfired power plants to reduce annual 

NOx emissions by 78 percent by 2009. 

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. 

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. 

NC DENR identified six facilities in 

the North Carolina portion of the bistate 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. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
15902 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules 

29These 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. 

TABLE 1—NOX POINT SOURCES IN THE BI-STATE CHARLOTTE AREA

EGU 2003 Annual 

NOX (tons) 

2011 Annual 

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 RACTlevel 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

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 


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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 lightduty 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 federallyapproved 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 stateeffective 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 


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the June 15, 2007, SIP revision but no 

rule change was made at that time. 

Changes to this rule were stateeffective 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 state submitted to EPA Date of EPA approval Federal Register 

approval 

April 17, 1990 .......................................................................... July 21, 1994 .......................................................................... 59 FR 37162. 

April 29, 1991 .......................................................................... June 23, 1994 ........................................................................ 59 FR 32362. 

August 7, 2002 ........................................................................ December 27, 2002 ................................................................ 67 FR 78980. 

April 4, 2003 ............................................................................ September 17, 2003 ............................................................... 68 FR 54362. 

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 State submitted to EPA Date of EPA approval Federal Register 

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. 


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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 federallyapproved 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 crossreference 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. 


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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 federallyapproved 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 federallyapproved 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 federallyapproved 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 lightduty 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 


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30As 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. 

31As 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. 

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 State submitted to EPA Date of EPA approval Federal Register 

approval 

November 8, 1984 .................................................................. December 19, 1986 ................................................................ 51 FR 45468. 

January 7, 1994 and August 16, 1996 ................................... August 1, 1997 ....................................................................... 62 FR 41277. 

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. 

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. 

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 


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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 federallyapproved 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 State submitted to EPA Date of EPA Approval Federal Register 

approval 

June 23, 1980 ......................................................................... August 27, 1981 ..................................................................... 46 FR 43137. 

December 17, 1984 ................................................................ December 19, 1986 ................................................................ 51 FR 45468. 

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 


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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 


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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 crossreference 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 


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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. 


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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 


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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 bistate 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–TRI–2012–0111; FRL–9785–9] 

RIN 2025–AA35 

Addition of ortho-Nitrotoluene; 

Community Right-to-Know Toxic 

Chemical Release Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to add 

ortho-nitrotoluene (o-nitrotoluene) to 

the list of toxic chemicals subject to 

reporting under section 313 of the 

Emergency Planning and Community 

Right-to-Know Act (EPCRA) of 1986 and 

section 6607 of the Pollution Prevention 

Act (PPA) of 1990. o-Nitrotoluene has 

been classified by the National 

Toxicology Program in their 12th Report 

on Carcinogens as ‘‘reasonably 

anticipated to be a human carcinogen.’’ 

EPA believes that o-nitrotoluene meets 

the EPCRA section 313(d)(2)(B) criteria 

because it can reasonably be anticipated 

to cause cancer in humans. Based on a 

review of the available production and 

use information, o-nitrotoluene is 

expected to be manufactured, processed, 

or otherwise used in quantities that 

would exceed the EPCRA section 313 

reporting thresholds. 

DATES: Comments must be received on 

or before May 13, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

TRI–2012–0111, by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: oei.docket@epa.gov 

• Mail: Office of Environmental 

Information (OEI) Docket, 

Environmental Protection Agency, Mail 

Code: 28221T, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–TRI–2012– 


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