Approval and Promulgation of Implementation Plans North Carolina: Approval of Revisions to the Volatile Organic Compound (VOC) Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-042-4020a; NC-046-5136a; NC-048-5339a; NC-50-6440a; NC-059-6276a;

FRL-4999-8]

Approval and Promulgation of Implementation Plans North Carolina:

Approval of Revisions to the Volatile Organic Compound (VOC)

Regulations

agency: Environmental Protection Agency (EPA).

action: Final rule.

-----------------------------------------------------------------------

summary: On September 21, 1989, January 14, 1991, April 29, 1991, and

July 19, 1993, the State of North Carolina, through the North Carolina

Department of Environment, Health and Natural Resources (NCDEHNR),

submitted revisions to the Volatile Organic Compound (VOC) portion of

the North Carolina State Implementation Plan (SIP). In addition to the

SIP revisions listed above, North Carolina, through the NCDEHNR,

submitted amended VOC regulations on August 13, 1991, for the

Mecklenburg County Department of Environmental Protection (MCDEP). The

revisions were submitted in response to the May 26, 1988, declaration

to North Carolina that their SIP was substantially inadequate to

achieve the National Ambient Air Quality Standards (NAAQS) for ozone

(O3). In this notice, EPA is approving those revisions which

correct all deficiencies identified in the May 26, 1988, SIP call with

the exception of a Capture Efficiency rule. These revisions also delete

unnecessary cross references, alphabetize definitions and make

grammatical corrections.

dates: This final rule will be effective August 22, 1994, unless notice

is received by July 25, 1994, that someone wishes to submit adverse or

critical comments. If the effective date is delayed, timely notice will

be published in the Federal Register.

addresses: Copies of the State's submittal are available for review

during normal business hours at the following locations:

Air and Radiation Docket and Information Center (Air Docket 6102),

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency, Region IV, Air Programs Branch, 345

Courtland Street NE., Atlanta, Georgia 30365.

North Carolina Department of Environment, Health and Natural

Resources, Division of Environmental Management, 512 North Salisbury

Street, Raleigh, North Carolina 27604.

Mecklenburg County Department of Environmental Protection,

Environmental Management Division, 700 N. Tryon Street, Charlotte,

North Carolina 28202.

for further information contact: Dick Schutt of the EPA Region IV Air

Programs Branch at (404) 347-2864 and at the addresses listed in the

addresses section.

supplementary information: The Clean Air Act (CAA) as amended in 1977

provided an attainment date of December 31, 1982, for the O3 and

carbon monoxide (CO) NAAQS. However, states could seek an extension to

as late as December 31, 1987. In a Federal Register extension to

December 31, 1987, for the Mecklenburg County CO nonattainment area,

but did not extend the attainment date for O3 (40 CFR 52.1773). At

that time, all other areas in North Carolina had air quality data below

the secondary standards, were unclassifiable, or were subject to an

attainment date of July 1975.

On May 26, 1988, EPA notified the Governor of North Carolina that

areas of the State had failed to attain the NAAQS for O3 and CO.

Since the applicable attainment dates had passed, the North Carolina

SIP was declared substantially inadequate to achieve the NAAQS for

O3 and CO. EPA requested that North Carolina respond to the

inadequacies in two phases. The first response was due approximately

one year following issuance of the SIP call and the second was due

following issuance of final EPA policy program requirements for O3

and CO nonattainment areas and/or reauthorization of the Clean Air Act

(CAA). One of the Phase I requirements called for correction of EPA

identified VOC deviations within the North Carolina SIP.

On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA)

were enacted. (Public Law 101-549, 101 Stat. 2399, codified at 42

U.S.C. 7401-7671q). In section 182(a)(2)(A) of the CAA, Congress

codified the requirement that states with areas classified as marginal

or above prior to enactment revise their SIPs so that the SIPs

conformed with EPA's pre-amendment guidance.\1\ Section 182(a)(2)(A)

established a deadline of May 15, 1991, for submittal of these

Reasonably Available Control Technology (RACT) ``fix-ups.''

---------------------------------------------------------------------------

\1\Among other things, the pre-amendment guidance consists of

the Post-87 Policy, 52 FR 45044 (Nov. 24, 1987); the Blue Book,

``Issues Relating to VOC Regulation Cutpoints, Deficiencies and

Deviations, Clarification to appendix D of November 24, 1987,

Federal Register Notice;'' and the existing Control Techniques

Guidelines (CTG's).

---------------------------------------------------------------------------

Volatile Organic Compounds (VOCs) are a precursor to O3. The

States were required to develop regulations to control VOCs. North

Carolina submitted revisions to the State VOC regulations on September

21, 1989, January 14, 1991, April 29, 1991, and July 19, 1993. North

Carolina also submitted revisions to the Mecklenburg County portion of

the North Carolina SIP VOC regulations on August 13, 1991, which are at

least as stringent as those regulations submitted for the State. These

submittals were in response to the May 26, 1988, letter to the Governor

and the RACT fix-up requirements. A brief description of each revision

follows. These revisions are more fully discussed in the official SIP

submittal that is available at the Region IV office listed under the

ADDRESSES section of this document.

15 NCAC 2D.0101--Definitions. The list of definitions was amended

to alphabetize definitions contained therein, to clarify the definition

of air pollutant, and to move the definitions of approved, capture

system, control device, day, emission, and person from 15 NCAC 2D.0901

to 15 NCAC 2D.0101 because they are more applicable to the entire

Subchapter 15 NCAC 2D.

15 NCAC 2D.0531--Sources in Nonattainment Areas. North Carolina

amended this rule to delete obsolete references to graphs contained in

the Mecklenburg County nonattainment plan. This rule is also amended to

require that all sources subject to this rule obtain offsets by

deleting waiver procedures.

15 NCAC 2D.0901--Definitions. The definitions for construction,

facility, owner or operator, and source are being deleted from 15 NCAC

2D.0901 because they are already included in 15 NCAC 2D.0101. The

definitions for approved, capture system, control device, day,

emission, and person are being deleted from 15 NCAC 2D.0901 and moved

to 15 NCAC 2D.0101. The definitions of coating, delivered to the

applicator, high solids coating, low solvent coating, and substrate are

being added to 15 NCAC 2D.0901. In the April 29, 1991, submittal, North

Carolina modified the definition of low solvent coating by correcting

the phrase ``high solvents'' to read ``high solids''. The definitions

of coating line, prime coat, shutdown, top coat, and volatile organic

compounds in 15 NCAC 2D.0901 were clarified. The definition of solvent

in 15 NCAC 2D.0901 is being changed to delete a redundant phrase.

Among the definitions being clarified in 15 NCAC 2D.0901 is the

definition for volatile organic compounds (VOCs). North Carolina

revised this definition to eliminate the use of a vapor pressure

cutoff, and to list all exempt VOCs. The definition includes all exempt

VOCs.

15 NCAC 2D.0902--Applicability. Paragraph (c) is deleted from this

rule. This paragraph contained the list of compounds that are not

considered to be VOCs. The list of exempt compounds was added to the

definition of VOC, making this paragraph superfluous.

15 NCAC 2D.0903--Recordkeeping: Reporting: Monitoring. The changes

to this rule submitted on September 21, 1989, were withdrawn by North

Carolina on April 17, 1990. The revision was withdrawn to resolve a

problem identified by the EPA in a letter from Bruce Miller, Chief, Air

Programs Branch, to Lee Daniel, Chief, Air Quality Section, dated

January 9, 1990. This letter states that North Carolina must add a

provision to 15 NCAC 2D.0903 stating that the owner or operator of any

VOC source shall maintain daily records to determine compliance. North

Carolina amended this rule in the April 29, 1991, submittal to require

monitoring reports and related information to be maintained, at a

minimum, on a daily basis.

15 NCAC 2D. 0912--General Provisions on Test Methods and

Procedures. The changes to this rule in paragraph (a) submitted on

September 21, 1989, were withdrawn by North Carolina on April 17, 1990.

The revision was withdrawn to resolve a problem identified by the EPA

in a letter from Bruce Miller, Chief, Air Programs Branch, to Lee

Daniel, Chief, Air Quality Section, dated January 9, 1990. This letter

states that North Carolina must revise 15 NCAC 2D.0912(a) to say ``* *

* unless the Director or EPA requests such demonstration.'' In the

submittal of January 14, 1991, North Carolina amended this rule to

remove the discretion of the Director of the Division of Environmental

Management (DEM) to approve alternate test methods without EPA

approval.

North Carolina added paragraphs (f) and (g) of this rule in the

September 21, 1989 submittal. Paragraph (f) addresses compliance

determination. Paragraph (g) contains provisions which specify that

tests conducted by the State or EPA take precedence over tests

conducted by the source. In addition, 2D.0912 contains the general

provision that specifies a daily compliance timeframe for emission

limits.

15 NCAC 2D.0913--Determination of Volatile Content of Surface

Coatings. North Carolina added a sentence to specify that exempt

compounds are to be treated as water. In addition, North Carolina made

a grammatical correction and changed a cross reference to the list of

exempted compounds in 15 NCAC 2D.0902(c), which is deleted. The amended

rule references the VOC definition in 15 NCAC 2D.0901--Definitions,

which contains the list of exempted compounds.

15 NCAC 2D.0917--Automobile and Light Duty Truck Manufacturing, 15

NCAC 2D.0918--Can Coating, 15 NCAC 2D.0919--Coil Coating, 15 NCAC

2D.0922--Metal Furniture Coating, 15 NCAC 2D.0923--Surface Coating of

Large Appliances, 15 NCAC 2D.0924--Magnet Wire Coating, and 15 NCAC

2D.0934--Coating of Miscellaneous Metal Parts and Products. North

Carolina amended these rules to remove the unnecessary cross reference

to out-of-date compliance schedules and to change the emission limits

from pounds of VOC per gallon of coating, excluding water, to pounds of

VOC per gallon of solids delivered. On April 17, 1990, in a letter from

George Everett, Director, Division of Environmental Management, to

Greer Tidwell, Region IV Administrator, EPA, North Carolina withdrew a

paragraph within each of these rules to resolve a grandfathering

provision that is inconsistent with EPA policy. EPA identified the

problems in the January 9, 1990, letter from Bruce Miller to Lee

Daniel. The April 29, 1991, submittal revised these sections so that

sources subject to the Control Techniques Guidelines (CTG) cannot be

exempt.

15 NCAC 2D.0920--Paper Coating. North Carolina amended this rule to

clarify the definition of paper coating. This rule was also amended to

change the emission limit from pounds of VOC per gallon of coating,

excluding water, to pounds of VOC per gallon of solids and to remove an

unnecessary cross reference. On April 17, 1990, in a letter from George

Everett to Greer Tidwell, North Carolina withdrew paragraph (e) of this

rule to resolve a grandfathering provision that is inconsistent with

EPA policy. EPA identified the problem in the January 9, 1990, letter

from Bruce Miller to Lee Daniel.

15 NCAC 2D.0921--Fabric and Vinyl Coating. North Carolina amended

this rule to clarify the definitions of fabric coating and vinyl

coating. This rule was also amended to change the emission limit from

pounds of VOC per gallon of coating, excluding water, to pounds of VOC

per gallon of solids and to remove an unnecessary cross reference. On

April 17, 1990, in a letter from George Everett to Greer Tidwell, North

Carolina withdrew paragraph (e) of this rule to resolve a

grandfathering provision that is inconsistent with EPA policy. EPA

identified the problem in the January 9, 1990, letter from Bruce Miller

to Lee Daniel.

15 NCAC 2D.0925--Petroleum Liquid Storage in Fixed Roof Tanks, 15

NCAC 2D.0926--Bulk Gasoline Plants, 15 NCAC 2D.0929--Petroleum Refinery

Sources, and 15 NCAC 2D.0930--Solvent Metal Cleaning. North Carolina

amended these rules to delete unnecessary cross references to

compliance schedules. The compliance schedules apply to all appropriate

rules in Chapter 2D.0900, thereby rendering the cross reference

obsolete. 15 NCAC 2D.0925 and 15 NCAC 2D.0930 also contain grammatical

corrections. In addition, these rules are amended to remove the

authority of the Director of the DEM to allow equally effective

controls or controls of equivalent efficiency in place of controls

specifically set out in the requirements.

15 NCAC 2D.0927--Bulk Gasoline Terminals, 15 NCAC 2D.0928--Gasoline

Service Stations Stage I, 15 NCAC 2D.0931--Cutback Asphalt, 15 NCAC

2D.0932--Gasoline Truck Tanks and Vapor Collection Systems, 15 NCAC

2D.0935--Factory Surface Coating of Flat Wood Paneling, and 14 NCAC

2D.0937--Perchloroethylene Dry Cleaning Systems. North Carolina amended

these rules to delete unnecessary cross references to compliance

schedules. The compliance schedule rules are applicable to all

appropriate rules within Section 2D.0900, thereby rendering the cross

references obsolete. 15 NCAC 2D.0928 is also amended to remove the

authority of the Director of the DEM to allow equally effective

controls or controls of equivalent efficiency in place of controls

specifically set out in the requirements. 15 NCAC 2D.0928, 15 NCAC

2D.0935, 15 NCAC 2D.0938 also contain grammatical corrections.

15 NCAC 2D.0933--Petroleum Liquid Storage in External Floating Roof

Tanks. North Carolina revised this rule to amend a cross reference to

the definition of VOCs and to delete an unnecessary cross reference to

compliance schedules. The cross reference to the definition of VOCs is

amended to reflect its new paragraph number, which changed when the

definitions in 15 NCAC 2D.0901 were reordered. The unnecessary cross

reference to the compliance schedules is deleted because the compliance

schedule rules are applicable to all appropriate rules within Section

2D.0900, thereby rendering the cross references obsolete. This rule

also contains grammatical corrections.

15 NCAC 2D.0936--Graphic Arts. North Carolina amended this rule to

add an additional control option. The option allows flexographic

printing and packaging rotogravure printing operations to comply by

using ink that contains no more than 0.5 pounds of VOC per pound of

solids. Additionally, at the request of Mecklenburg County, the

definition of ``packaging rotogravure printing'' is changed to apply

only to printing with a gravure press. This rule is also amended to

delete an unnecessary cross reference to compliance schedules. The

compliance schedule rules are applicable to all appropriate rules

within Section 2D.0900, thereby rendering the cross references

obsolete.

15 NCAC 2D.0941--Alternate Method for Leak Tightness. North

Carolina amended this rule to require the use of a check valve to

prevent water from flowing back into the water supply. Without the

check valve to prevent backflow, this procedure is in violation of the

State plumbing code when a potable water supply is used to fill the

tank being tested. This rule also contains grammatical corrections.

15 NCAC 2D.0943--Synthetic Organic Chemical and Polymer

Manufacturing. North Carolina amended this rule to correct a cross

reference to Appendix E of 40 CFR 60. Appendix E contained a list of

chemicals that has been moved to 40 CFR 60.489. The changes in the

cross reference reflect the new location of the list of chemicals. This

rule also contains grammatical corrections.

15 NCAC 2H.0603--Applications. North Carolina amended this rule to

require permits for sources subject to the requirements of 15 NCAC

2D.0531--Sources in Nonattainment Areas, and to require that those same

permits undergo a public comment period before issuance. This rule is

also amended to require that permits for sources of VOCs located in

O3 nonattainment areas that use an optional alternative control,

undergo the public hearing process and be adopted as part of the

federally approved SIP.

In this notice, EPA is approving the revisions to North Carolina's

SIP in Chapters 2D.0900--Volatile Organic Compounds, 2D.0101--

Definitions, 2D.0531--Sources in Nonattainment Areas, and 2H.0603--

Applications and the revisions submitted for the MCDEP. However, EPA

expects the State to correct a deficiency in the State's capture

efficiency (CE) regulations pursuant to the SIP call letter for O3

from Greer C. Tidwell, the EPA Regional Administrator, to Governor

James G. Martin on May 25, 1988 and clarified in a June 10, 1988 letter

from Winston A. Smith, EPA Region IV Air Division Director to Lee

Daniel, Chief of the Air Quality Section, North Carolina Division of

Environmental Management. EPA informed the NCDEHNR in a letter dated

April 6, 1992, of EPA's Office of Air Quality Planning and Standards

(OAQPS) 12-month study to identify less costly means of determining CE.

(See the March 20, 1992, memorandum from John S. Seitz, Director of the

OAQPS entitled, ``Reanalysis of Capture Efficiency (CE) Guidance''.)

The State was given the option of withdrawing the CE regulations until

after the study was complete. At this time, the study is complete and

the EPA expects to issue the final guidance document in mid 1994.

NCDEHNR is not required to submit CE regulations until EPA issues the

final guidance document.

Final Action

EPA is approving the North Carolina air quality revisions listed

above as partially fulfilling the RACT fix-up requirement. North

Carolina must still correct the O3 SIP to address the CE rule

after EPA issues the final guidance document on CE regulations.

This action is being taken without prior proposal because the

changes are noncontroversial and EPA anticipates no significant

comments on them. The public should be advised that this action will be

effective August 22, 1994. However, if adverse or critical comments are

received by July 25, 1994, two subsequent documents will be published.

One document will withdraw this final action. The second document will

be the final rulemaking notice and will address the comments received.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976);

42 U.S.C. section 7410(a)(2).

This action has been classified as a Table 2 Action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of

section 3 of Executive Order 12291 for a period of two years. The EPA

has submitted a request for a permanent waiver for Table 2 and Table 3

SIP revisions. The OMB has agreed to continue the waiver until such

time as it rules on the USEPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any state implementation plan. Each request for revision to the state

implementation plan shall be considered separately in light of specific

technical, economic and environmental factors and in relation to

relevant statutory and regulatory requirements.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by August 22, 1994. Filing a

petition for reconsideration by the Administrator of the final rule

does not affect the finality of this rule for the purpose 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 of 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

Air pollution control, Hydrocarbons, Incorporation by Reference,

Intergovernmental relations, O3, Reporting and Recordkeeping

requirements.

Dated: May 24, 1994.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 chapter I, title 40, Code of Federal Regulations, is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart II--North Carolina

2. Section 52.1770 is amended by adding paragraph (c)(67) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(67) Revisions to the VOC portion of the North Carolina SIP to

correct deficiencies submitted on September 21, 1989, January 14, 1991,

and April 29, 1991, and July 19, 1993, revisions to VOC regulations of

the Mecklenburg County Department of Environmental Protection submitted

on August 13, 1991.

(i) Incorporation by reference.

(A) Amendments to the North Carolina regulations 15 NCAC 2D.0101,

.0531, .0901 except (12) and (28), .0913(b), .0917 except (d), .0918

except (d), .0919 except (d), .0920 except (e), .0921 except (d), .0922

except (d), .0923 except (e), .0924 except (d), .0925 except (d)(1),

.0926 except (g), .0927, .0928 except (e), .0929 except (d), .0930

except (e)(3) and (f)(2), .0931, .0932, .0933 except (f), .0934 except

(e), .0935, .0936, .0937, .0938, .0941, and 2H.0603 effective December

1, 1989.

(B) Amendments to the North Carolina regulations 15 NCAC 2D.0901

(28), .0902(c), .0913(a), .0925(d)(1), .0926(g), .0928(e), .0929(d),

.0930 (e)(3) and (f)(2), .0933(f), .0943 (a) (8) and (10) which were

effective March 1, 1991.

(C) Amendments to the North Carolina regulations 15 NCAC

2D.0901(12), .0917(d), .0918(d), .0919(d), .0920(e), .0921(d),

.0922(d), .0923(e), .0924(d), and .0934(e) effective on July 1, 1991.

(D) Amendments to the North Carolina regulations 15 NCAC 2D.0903

and 2D.0912 effective on July 1, 1993.

(E) Amendments to the Mecklenburg County Department of

Environmental Protection regulations 2.0901, 2.0902, 2.0913, 2.0925,

2.0926, 2.0928, 2.0929, 2.0930, 2.0933, 2.0934, 2.0943, 2.0944

effective March 1, 1991.

(F) Amendments to the Mecklenburg County Department of

Environmental Protection regulations 2.0903, 2.0912 effective July 1,

1991.

(ii) Other material. None.

3. Section 52.1780 is added to read as follows:

Sec. 52.1780 VOC rule deficiency correction.

The revisions submitted to EPA for approval on September 21, 1989,

January 14, 1991, April 29, 1991, August 13, 1991, and July 19, 1993,

were intended to correct deficiencies cited in a letter calling for the

State to revise its SIP for O3 from Greer C. Tidwell, EPA Regional

Administrator to Governor James C. Martin on May 25, 1988, and

clarified in a letter from Winston A. Smith, EPA Region IV Air Division

Director to the Chief of the Air Quality Section, North Carolina

Division of Environmental Management. The deficiency in the following

aspect of the rule has not been corrected.

(a) Procedures used to determine capture control device efficiency

should be contained in 2D.0914. This deficiency must be corrected as

soon as EPA issues final guidance on Capture Efficiency regulations.

(b) (Reserved.)

[FR Doc. 94-15256 Filed 6-22-94; 8:45 am]

BILLING CODE 6560-50-M