Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 27065 

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. 

Subpart XX—West Virginia 

■ 2. In § 52.2522, paragraph (j) is added 

to read as follows. 

§ 52.2522 Approval status. 

* * * * * 

(j)(1) EPA is disapproving a narrow 

portion of West Virginia’s August 31, 

2011 submittal because it does not 

satisfy the requirement that emissions of 

PM2.5 and PM10 shall include gaseous 

emissions which condense to form 

particulate matter at ambient 

temperatures. This disapproval extends 

only to the lack of condensable 

emissions within the definition of 

‘‘regulated NSR pollutant,’’ found at 

45CSR14 section 2.66, and does not 

alter EPA’s October 17, 2012 (77 FR 

63736) approval of the remaining 

portions of West Virginia’s August 2011 

SIP submittal. 

(2) EPA is disapproving specific 

portions of West Virginia’s 

infrastructure SIP submissions dated 

December 3, 2007, December 11, 2007, 

April 3, 2008, October 1, 2009, October 

26, 2011, and February 17, 2012 which 

address certain obligations set forth at 

CAA sections 110(a)(2)(C), (D)(i)(II) and 

(J) relating to the West Virginia PSD 

permit program. Because West 

Virginia’s definition of ‘‘regulated NSR 

pollutant’’ in 45CSR14 does not address 

condensables for PM2.5 and PM10

emissions, EPA is determining that West 

Virginia’s infrastructure SIP 

submissions do not meet certain 

statutory and regulatory obligations 

relating to a PSD permit program set 

forth at CAA sections 110(a)(2)(C), 

(D)(i)(II) and (J) for the narrow issue of 

condensables as set forth in the 

following table. 

Submittal dates NAAQS Infrastructure element(s) disapproved 

in this action 

December 11, 2007; April 3, 2008 ....................................................................... 1997 PM2.5 ................ 110(a)(2)(D)(i)(II). 

December 3, 2007; December 11, 2007 .............................................................. 1997 ozone ............... 110(a)(2)(D)(i)(II). 

October 1, 2009 .................................................................................................... 2006 PM2.5 ................ 110(a)(2)(D)(i)(II). 

October 26, 2011 .................................................................................................. 2008 lead .................. 110(a)(2)(D)(i)(II), (C), and (J). 

February 17, 2012 ................................................................................................ 2008 ozone ............... 110(a)(2)(D)(i)(II), (C), and (J). 

[FR Doc. 2013–10935 Filed 5–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0140; FRL–9810–8] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

Control Techniques Guidelines and 

Reasonably Available Control 

Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving 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 Carolina— 

South 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 

approving in part, and conditionally 

approving 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 revisions to North Carolina’s SIP, 

and has made the determination that 

they are consistent, with the exception 

of applicability for some CTG VOC 

sources, with statutory and regulatory 

requirements and EPA guidance. With 

respect to the applicability provisions 

for the CTG VOC sources noted above, 

EPA is finalizing a conditional approval 

of these provisions. 

DATES: Effective Date: This rule will be 

effective June 10, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–0140. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, Region 4, U.S. Environmental 

Protection Agency, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9029. 

Ms. Spann can also be reached via 

electronic mail at spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. 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 


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27066 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 

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 final 

rulemaking regarding RACT is not related to 

requirements for the 2008 8-hour ozone NAAQS. 

3The emission 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 bistate Charlotte Area is a moderate nonattainment 

area. 

4Section 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. 

5SIP revisions submitted on April 6, 2007, June 

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

February 3, 2010. 

6SIP revisions submitted on October 14, 2004, 

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

2009, and November 9, 2010. See Section III below 

for additional information regarding the conditional 

approvals. 

7South Carolina previously met the RACT 

requirements for the South Carolina portion of the 

bi-state Charlotte Area. 

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 

moderate nonattainment 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. 

Section 172(c)(1) of the CAA requires 

SIPs to provide for the implementation 

of all reasonably available control 

measures (RACM) as expeditiously as 

practicable. RACT, a subset of RACM, 

relates specifically to stationary point 

sources. Section 182(b)(2) of the CAA 

requires states to adopt RACT rules for 

all areas designated nonattainment for 

ozone and classified as moderate or 

above. The three parts of the section 

182(b)(2) RACT requirements are: (1) 

RACT for sources covered by an existing 

CTG (i.e., a CTG issued prior to 

enactment of the 1990 amendments to 

the CAA); (2) RACT for sources covered 

by a post-enactment CTG; and (3) all 

major sources not covered by a CTG 

(i.e., non-CTG sources). Pursuant to 40 

CFR 51.165, a major source for a 

moderate ozone area is a source that 

emits 100 tons per year (tpy) or more of 

VOC or NOX. 3 4 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. For more information 

regarding the RACT requirements, 

including requirements and schedules 

for sources covered by CTGs, see EPA’s 

March 13, 2013, proposed rulemaking 

related to this final action at 78 FR 

15895. 

II. This Action 

EPA is approving 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 bistate Charlotte Area. Additionally, EPA 

is approving in part, and conditionally 

approving 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. 

Today, EPA is approving 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.5

In addition to the SIP revisions, or 

portions of SIP revisions for which EPA 

is taking final approval, NC DENR 

submitted a letter on August 30, 2012, 

requesting that EPA conditionally 

approve portions of previouslysubmitted SIP revisions as they relate to 

VOC RACT and CTG requirements.6

Specifically, NC DENR committed to 

submit specific enforceable SIP 

revisions to provide, within one year of 

EPA’s final rulemaking, 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 and can be accessed at 

www.regulations.gov using docket ID: 

EPA–R04–OAR–2009–0140. Consistent 

with section 110(k)(4), EPA is 

conditionally approving 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.7

On March 13, 2013, EPA proposed to 

approve in part, and conditionally 

approve in part, the aforementioned SIP 

revisions provided by NC DENR to 

address NOX and VOC RACT 

requirements. See 78 FR 15895. No 

comments, adverse or otherwise, were 

received on EPA’s March 13, 2013, 

proposed rulemaking. EPA has 

evaluated the proposed revisions to 

North Carolina’s SIP, and has made the 

determination that they are consistent 

with statutory and regulatory 

requirements and EPA guidance except 

for the applicability of the CTG VOC 

requirements to some sources. For 

further information regarding the 

conditionally approved rules, see 

Section II. A. (a), (b), (d), (f), and (i) of 

the proposed rulemaking for this action. 

See 78 FR 15895 (March 13, 2013). 

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. If the State fails to submit 

a SIP revision to correct the 

aforementioned deficiencies by May 9, 

2014 today’s conditional approval will 

automatically become a disapproval on 

that date and EPA will issue a finding 

of disapproval. 

III. Final Action 

EPA is taking final action to approve, 

in part, and conditionally approve in 

part, North Carolina SIP revisions 

submitted 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 


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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 27067 

revisions establish the RACT 

requirements for the major sources 

located in the North Carolina portion of 

the bi-state Charlotte Area. EPA is 

approving in part, and conditionally 

approving in part these SIP revisions 

because they are consistent with the 

CAA and requirements related to VOC 

and NOX RACT. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 8, 2013. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: April 29, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart II—North Carolina 

■ 2. Section 52.1770(c) Table 1, is 

amended under Subchapter 2D: 

■ a. At section .0900 by: 

■ i. Adding the entries for ‘‘Sect .0929,’’ 

‘‘Sect .0961,’’ ‘‘Sect .0962,’’ ‘‘Sect 

.0963,’’ ‘‘Sect .0964,’’ ‘‘Sect .0965,’’ 

‘‘Sect .0966,’’ ‘‘Sect .0967’’ and ‘‘Sect 

.0968;’’ and 

■ ii. Revising the entries for ‘‘Sect 

.0901,’’ ‘‘Sect .0902,’’ ‘‘Sect .0909,’’ 

‘‘Sect .0912,’’ ‘‘Sect .0913,’’ ‘‘Sect 

.0914,’’ ‘‘Sect .0915,’’ ‘‘Sect .0916,’’ 

‘‘Sect .0917,’’ ‘‘Sect .0920,’’ ‘‘Sect 

.0921,’’ ‘‘Sect .0922,’’ ‘‘Sect .0923,’’ 

‘‘Sect .0927,’’ ‘‘Sect .0930,’’ ‘‘Sect 

.0932,’’ ‘‘Sect .0933,’’ ‘‘Sect .0934,’’ 

‘‘Sect .0935,’’ ‘‘Sect .0936,’’ ‘‘Sect 

.0939,’’ ‘‘Sect .0940,’’ ‘‘Sect .0941,’’ 

‘‘Sect .0942,’’ ‘‘Sect .0943,’’ ‘‘Sect 

.0945,’’ ‘‘Sect .0951;’’ 

■ b. At section .1400 by: 

■ i. Revising the title to read ‘‘Section 

.1400 Nitrogen Oxides;’’ 

■ ii. Adding the entries for ‘‘Sect .1407,’’ 

‘‘Sect .1408,’’ ‘‘Sect .1410,’’ ‘‘Sect 

.1411,’’ ‘‘Sect .1412,’’ and ‘‘Sect .1415;’’ 

and 

■ 3. Revising the entries for ‘‘Sect 

.1402,’’ ‘‘Sect .1403,’’ ‘‘Sect .1404,’’ 

‘‘Sect .1409,’’ ‘‘Sect .1416,’’ ‘‘Sect 

.1417,’’ ‘‘Sect .1418,’’ ‘‘Sect .1419,’’ 

‘‘Sect .1420,’’ ‘‘Sect .1421,’’ and ‘‘Sect 

.1422;’’ and 

■ c. By adding a new section entitled 

‘‘Section .2600 Source Testing’’ and 

adding the new entries for ‘‘Sect .2601,’’ 

‘‘Sect .2602,’’ ‘‘Sect .2603,’’ ‘‘Sect 

.2604,’’ ‘‘Sect .2605,’’ ‘‘Sect .2606,’’ 

‘‘Sect .2607,’’ ‘‘Sect .2608,’’ ‘‘Sect 

.2612,’’ ‘‘Sect .2613,’’ ‘‘Sect .2614,’’ 

‘‘Sect .2615,’’ and ‘‘Sect .2621’’ to read 

as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 


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TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

Subchapter 2D Air Pollution Control Requirements 

*******

Section .0900 Volatile Organic Compounds 

Sect .0901 ................................... Definitions .................................... 1/1/2009 5/9/2013 [Insert citation of 

publication].

Sect .0902 ................................... Applicability .................................. 9/1/2010 5/9/2013 [Insert citation of 

publication].

Conditional approval of 

rule .0902 as submitted 

on 10/14/2004 (with the 

exception of the start-up 

shutdown language as 

described in Section II. 

A. a. of EPA’s 3/13/ 

2013 proposed rule (78 

FR 15895)), 4/6/2007, 

1/31/2008, 9/18/2009, 

and 11/9/2010. 

*******

Sect .0909 ................................... Compliance Schedules for 

Sources in Nonattainment 

Areas.

9/1/2010 5/9/2013 [Insert citation of 

publication].

Conditional approval of 

rule .0909 as submitted 

on 4/6/2007, 1/31/2008, 

9/18/2009, and 11/9/ 

2010. 

*******

Sect .0912 ................................... General Provisions on Test Methods and Procedures.3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .0913 ................................... Determination of Volatile Content 

of Surface Coatings.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0914 ................................... Determination of VOC Emission 

Control System Efficiency.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0915 ................................... Determination of Solvent Metal 

Cleaning VOC Emissions.

6/1/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0916 ................................... Determination: VOC Emissions 

From Bulk Gasoline Terminals.

6/1/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0917 ................................... Automobile and Light Duty Truck 

Manufacturing.

9/1/2010 5/9/2013 [Insert citation of 

publication].

Repealed. 

*******

Sect .0920 ................................... Paper Coatings ............................ 9/1/2010 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0921 ................................... Fabric and Vinyl Coating ............. 9/1/2010 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0922 ................................... Metal Furniture Coating ............... 9/1/2010 5/9/2013 [Insert citation of 

publication].

Sect .0923 ................................... Surface Coating of Large Appliance Parts.9/1/2010 5/9/2013 [Insert citation of 

publication].

*******

Sect .0927 ................................... Bulk Gasoline Terminals ............. 6/1/2008 5/9/2013 [Insert citation of 

publication].

*******

Sect .0929 ................................... Petroleum Refinery Sources ....... 4/6/2010 5/9/2013 [Insert citation of 

publication].

Repealed—North Carolina 

made a negative declaration for VOC emissions from bulk gasoline 

plants on 4/6/2010. 


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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 27069 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

Sect .0930 ................................... Solvent Metal Cleaning ............... 6/1/2008 5/9/2013 [Insert citation of 

publication].

*******

Sect .0932 ................................... Gasoline Truck Tanks and Vapor 

Collection Systems.

11/7/2007 5/9/2013 [Insert citation of 

publication].

Sect .0933 ................................... Petroleum Liquid Storage in External Floating Roof Tanks.8/1/2004 5/9/2013 [Insert citation of 

publication].

Sect .0934 ................................... Coating of Miscellaneous Metal 

Parts and Products.

9/1/2010 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0935 ................................... Factory Surface Coating of Flat 

Wood Paneling.

9/1/2010 5/9/2013 [Insert citation of 

publication].

Sect .0936 ................................... Graphic Arts ................................. 9/1/2010 5/9/2013 [Insert citation of

publication].

Repealed. 

*******

Sect .0939 ................................... Determination of Volatile Organic 

Compound Emissions.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0940 ................................... Determination of Leak Tightness 

and Vapor Leaks.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0941 ................................... Alternative Method for Leak 

Tightness.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0942 ................................... Determination of Solvent in Filter 

Waste.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .0943 ................................... Synthetic Organic Chemical and 

Polymer Manufacturing.

11/7/2007 5/9/2013 [Insert citation of 

publication].

*******

Sect .0945 ................................... Petroleum Dry Cleaning .............. 11/7/2007 5/9/2013 [Insert citation of 

publication].

*******

Sect .0951 ................................... RACT for Sources of Volatile Organic 3 Compounds.9/1/2010 5/9/2013 [Insert citation of 

publication].

Conditional approval of 

rule .0951 as submitted 

on 11/9/2010. 

*******

Sect .0961 ................................... Offset Lithographic Printing and 

Letterpress Printing.

9/1/2010 5/9/2013 [Insert citation of 

publication].

Conditional approval of 

rule .0961 as submitted 

on 11/9/2010. 

Sect .0962 ................................... Industrial Cleaning Solvents ........ 9/1/2010 5/9/2013 [Insert citation of 

publication].

Conditional approval of 

rule .0962 as submitted 

on 11/9/2010. 

Sect .0963 ................................... Fiberglass Boat Manufacturing .... 9/1/2010 5/9/2013 [Insert citation of 

publication].

Sect .0964 ................................... Miscellaneous Industrial Adhesives.9/1/2010 5/9/2013 [Insert citation of 

publication].

Sect .0965 ................................... Flexible Package Printing ............ 9/1/2010 5/9/2013 [Insert citation of 

publication].

Sect .0966 ................................... Paper Film and Foil Coatings ...... 9/1/2010 5/9/2013 [Insert citation of 

publication].

Sect .0967 ................................... Miscellaneous Metal and Plastic 

Parts Coatings.

9/1/2010 5/9/2013 [Insert citation of 

publication].

Sect .0968 ................................... Automobile and Light Duty Truck 

Assembly Coatings.

9/1/2010 5/9/2013 [Insert citation of 

publication].

*******

Section .1400 Nitrogen Oxides 


tkelley on DSK3SPTVN1PROD with RULES
27070 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Sect .1402 ................................... Applicability .................................. 1/1/2010 5/9/2013 [Insert citation of 

publication].

Sect .1403 ................................... Compliance Schedules ................ 7/1/2007 5/9/2013 [Insert citation of 

publication].

Sect .1404 ................................... Recordkeeping: Reporting: Monitoring.5/1/2004 5/9/2013 [Insert citation of 

publication].

Sect .1407 ................................... Boilers and Indirect Process 

Heaters.

7/15/2002 5/9/2013 [Insert citation of 

publication].

Sect .1408 ................................... Stationary Combustion Turbines 7/15/2002 5/9/2013 [Insert citation of 

publication].

Sect .1409 ................................... Stationary Internal Combustion 

Turbines.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .1410 ................................... Emissions Averaging ................... 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .1411 ................................... Seasonal Fuel Switching ............. 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .1412 ................................... Petition for Alternative Limitations 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .1415 ................................... Test Methods and Procedures .... 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .1416 ................................... Emission Allocations for Utility 

Companies.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .1417 ................................... Emission Allocations for Large 

Combustion Sources.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .1418 ................................... New Electric Generating Units, 

Large Boilers, and Large Internal Combustion Engines.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .1419 ................................... Nitrogen Oxide Budget Trading 

Program.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .1420 ................................... Periodic Review and Reallocations.3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .1421 ................................... Allocations for New Growth of 

Major Point Sources.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

Sect .1422 ................................... Compliance Supplement Pool 

Credits.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Repealed. 

*******

Section .2600 Source Testing 

Sect .2601 ................................... Purpose and Scope ..................... 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2602 ................................... General Provisions on Test Methods.3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2603 ................................... Testing Protocol ........................... 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2604 ................................... Number of Test Points ................ 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2605 ................................... Velocity and Volume Flow Rate .. 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2606 ................................... Molecular Weight ......................... 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2607 ................................... Determination of Moisture Content.3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2608 ................................... Number of Runs and Compliance 

Determination.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2612 ................................... Nitrogen Oxide Testing Methods 3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2613 ................................... Volatile Organic Compound Testing Methods.3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2614 ................................... Determination of VOC Emission 

Control System.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2615 ................................... Determination of Leak Tightness 

and Vapor Leaks.

3/13/2008 5/9/2013 [Insert citation of 

publication].

Sect .2621 ................................... Determination of Fuel Heat Content Using F-Factor.3/13/2008 5/9/2013 [Insert citation of 

publication].


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 27071 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

* * * * * 

[FR Doc. 2013–10944 Filed 5–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[Docket EPA–R10–OAR–2009–0340; FRL– 

9794–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Alaska: 

Mendenhall Valley Nonattainment Area 

PM10 Limited Maintenance Plan and 

Redesignation Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to approve the Limited 

Maintenance Plan (LMP) for particulate 

matter with an aerodynamic diameter 

less than or equal to 10 micrometers 

(PM10) submitted by the State of Alaska 

on May 8, 2009, for the Mendenhall 

Valley nonattainment area (Mendenhall 

Valley NAA), and to concurrently 

redesignate the area to attainment for 

the National Ambient Air Quality 

Standard (NAAQS) for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 10 

micrometers (PM10). 

DATES: This direct final rule will be 

effective July 8, 2013, without further 

notice, unless the EPA receives adverse 

comments by June 10, 2013. If adverse 

comments are received, the EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. The EPA will then 

address all public comments in a 

subsequent final rule. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2009–0340, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10- 

Public_Comments@epa.gov. 

• Mail: Keith Rose, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. Attention: Keith 

Rose, Office of Air, Waste and Toxics, 

AWT–107. Such deliveries are only 

accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2009– 

0340. The 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 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the 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 the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

the disclosure of which 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. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle 

WA, 98101. 

FOR FURTHER INFORMATION CONTACT: 

Keith Rose at: (206) 553–1949, 

rose.keith@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

A. PM10 National Ambient Air Quality 

Standards 

B. Mendenhall Valley Nonattainment Area 

and Planning Background 

C. PM10 Emissions Inventory of the 

Mendenhall Valley Nonattainment Area 

II. Requirements for Redesignation 

A. Clean Air Act (CAA) Requirements for 

Redesignation of Nonattainment Areas 

B. The LMP Option for PM10

Nonattainment Areas 

C. Conformity Under the LMP Option 

III. Review of the Alaska Submittal 

Addressing the Requirements for 

Redesignation and LMP 

A. Has the Mendenhall Valley NAA 

attained the applicable NAAQS? 

B. Does the Mendenhall Valley NAA have 

a fully approved SIP under Section 

110(k) of the CAA? 

C. Has the State met all applicable 

requirements under Section 110 and Part 

D of the CAA? 

D. Has the State demonstrated that the air 

quality improvement is due to 

permanent and enforceable reductions? 

E. Does the area have a fully approved 

maintenance plan pursuant to Section 

175A of the CAA? 

F. Has the State demonstrated that the 

Mendenhall Valley NAA qualifies for the 

LMP option? 

G. Does the State have an approved 

attainment emissions inventory which 

can be used to demonstrate attainment of 

the NAAQS? 

H. Does the LMP include an assurance of 

continued operation of an appropriate 

EPA-approved air quality monitoring 

network, in accordance with 40 CFR Part 

58? 

I. Does the plan meet the CAA 

requirements for contingency 

provisions? 

J. Has the State met conformity 

requirements? 

IV. Final Action 

V. Statutory and Executive Order Reviews 


tkelley on DSK3SPTVN1PROD with RULES