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Air Plan Approval; North Carolina; Bulk Gasoline Plants, Terminals Vapor Recovery Systems Publication: Federal Register Agency: Environmental Protection Agency Byline: Jeaneanne Gettle Date: 9 August 2023 Subjects: American Government  , The Environment, Petroleum
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53795-53798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16564]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0406; FRL-10991-02-R4]
Air Plan Approval; North Carolina; Bulk Gasoline Plants,
Terminals Vapor Recovery Systems
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the North Carolina
Department of Environmental Quality (NCDEQ), Division of Air Quality
(DAQ), via a letter dated April 13, 2021. This SIP revision includes
changes to NCDEQ's regulations regarding bulk gasoline terminals and
plants, gasoline cargo tanks and vapor collection
[[Page 53796]]
systems, and leak tightness and vapor leak requirements. EPA is
approving these changes pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective September 8, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0406. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be 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 Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. 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: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mrs. Sheckler can be
reached via electronic mail at sheckler.kelly@epa.gov or via telephone
at (404) 562-9222.
SUPPLEMENTARY INFORMATION:
I. This Action
EPA is approving changes to North Carolina's SIP that were provided
to EPA through NCDEQ via a letter dated April 13, 2021.\1\
Specifically, EPA is approving changes to 15A North Carolina
Administrative Code (NCAC), Subchapter 02D, Rules .0926, Bulk Gasoline
Plants; \2\ .0927, Bulk Gasoline Terminals; \3\ .0932, Gasoline Cargo
Tanks and Vapor Collection Systems; and .2615, Determination of Leak
Tightness and Vapor Leaks.\4\ These changes include adding, removing,
and revising definitions; removing obsolete language; clarifying some
requirements; and making general grammar and formatting updates.
Through a notice of proposed rulemaking (NPRM), published on June 13,
2023, (88 FR 38436), EPA proposed to approve the April 13, 2021,
changes to North Carolina Rules 15 NCAC 02D .0926, .0927, .0932, and
.2615. The details of North Carolina's submission, as well as EPA's
rationale for approving the changes, are described in more detail in
the June 13, 2023, NPRM. Comments on the June 13, 2023, NPRM were due
on or before July 13, 2023. No comments were received on the June 13,
2023, NPRM, adverse or otherwise.
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\1\ EPA notes that the April 13, 2021, submittal was received by
EPA on April 14, 2021.
\2\ In Paragraph (n) of Rule .0926, North Carolina's Rule
references Rule 02D .0960 which is not in the SIP. DAQ has withdrawn
that reference in Paragraph (n) from the April 13, 2021, SIP
revision.
\3\ Similar to the changes in Rule 02D .0926(n), Rule 02D
.0927(k) also references Rule 02D .0960 which is not in the SIP. DAQ
has withdrawn that reference in Paragraph (k) from the April 13,
2021, SIP revision.
\4\ EPA notes that the Agency received several revisions to the
North Carolina SIP transmitted with the same April 13, 2021, cover
letter. EPA is not acting on revisions to the North Carolina SIP in
this document that are not explicitly identified herein, and EPA may
act on these other SIP revisions in separate rulemakings.
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II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, and as discussed in Section I of this preamble, EPA is
finalizing the incorporation by reference of 15A NCAC Subchapter 02D,
Rules .0926, Bulk Gasoline Plants,\5\ and .0927, Bulk Gasoline
Terminals,\6\ both state-effective on November 1, 2020; as well as
Rules .0932, Gasoline Cargo Tanks and Vapor Collection Systems, and
.2615, Determination of Leak Tightness and Vapor Leaks, both state-
effective October 1, 2020. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\7\
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\5\ Except for references to Rule 02D .0960 found in paragraph
.0926(n).
\6\ Except for references to Rule 02D .0960 found in paragraph
.0927(k).
\7\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the aforementioned changes to the SIP.
Specifically, EPA is finalizing the approval of the April 13, 2021, SIP
revision that incorporate changes to North Carolina's rules in 02D
Section .0926, Bulk Gasoline Plants; .0927, Bulk Gasoline Terminals;
.0932, Gasoline Cargo Tanks and Vapor Recovery Collection Systems; and
.2615, Determination of Leak Tightness and Vapor Leaks into the
federally approved SIP.
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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because
[[Page 53797]]
application of those requirements would be inconsistent with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
DAQ did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 October 10, 2023. 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, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR Part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770, amend the table in paragraph (c)(1) by removing
the entries ``Section .0926,'' ``Section .0927,'' ``Section .0932,''
and ``Section .2615'' and adding in their place entries ``Rule .0926,''
``Rule .0927,'' ``Rule .0932,'' and ``Rule .2615,'' respectively, to
read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA-Approved North Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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Section .0900 Volatile Organic Compounds
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* * * * * * *
Rule .0926.................. Bulk Gasoline Plants. 11/1/2020 8/9/2023, [Insert Except for
citation of references to Rule
publication]. 02D .0960 found in
paragraph .0926(n).
Rule .0927.................. Bulk Gasoline 11/1/2020 8/9/2023, [Insert Except for
Terminals. citation of references to Rule
publication]. 02D .0960 found in
paragraph .0927(k).
* * * * * * *
Rule .0932.................. Gasoline Cargo Tanks 10/1/2020 8/9/2023, [Insert ....................
and Vapor Collection citation of
Systems. publication].
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Section .2600 Source Testing
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* * * * * * *
Rule .2615.................. Determination of Leak 10/1/2020 8/9/2023, [Insert ....................
Tightness and Vapor citation of
Leaks. publication].
* * * * * * *
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[[Page 53798]]
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[FR Doc. 2023-16564 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P