Rule2022-00030
Air Plan Approval; North Carolina; Minor Revisions to Cotton Ginning Operations Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 11, 2022
Effective
February 10, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina Department of Environmental Quality, Division of Air Quality, via a letter dated April 13, 2021, and received by EPA on April 14, 2021. This revision contains minor clarifying and typographical edits to North Carolina's cotton ginning operations rule. EPA is finalizing approval of these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 87 Issue 7 (Tuesday, January 11, 2022)</title>
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[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Rules and Regulations]
[Pages 1358-1360]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00030]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0430; FRL-9060-02-R4]
Air Plan Approval; North Carolina; Minor Revisions to Cotton
Ginning Operations Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the North Carolina State Implementation Plan (SIP)
submitted by the State of North Carolina Department of Environmental
Quality, Division of Air Quality, via a letter dated April 13, 2021,
and received by EPA on April 14, 2021. This revision contains minor
clarifying and typographical edits to North Carolina's cotton ginning
operations rule. EPA is finalizing approval of these changes pursuant
to the Clean Air Act (CAA or Act).
DATES: This rule is effective February 10, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0430. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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: Pearlene Williams, 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. The telephone number is
(404) 562-9144. Ms. Williams can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#7007191c1c19111d035e001511021c151e15301500115e171f06"><span class="__cf_email__" data-cfemail="36415f5a5a5f575b4518465357445a5358537653465718515940">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
On April 14, 2021, the State of North Carolina submitted changes to
the North Carolina SIP for EPA approval. EPA is approving these changes
to 15A North Carolina Administrative Code (NCAC) Subchapter 02D,\1\
Rule .0542--Control of Particulate Emissions from Cotton Ginning
Operations which establishes control requirements for particulate
emissions from cotton ginning operations.
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\1\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred
to as ``Subchapter 2D Air Pollution Control Requirements.''
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II. Analysis of North Carolina's SIP Revision
North Carolina's SIP revision contains minor clarifying and
typographical edits to the text of Rule .0542.\2\ Details regarding the
background for these changes may be found in the notice of
[[Page 1359]]
proposed rulemaking that published September 24, 2021 (86 FR 53024).
The comment period for this rulemaking closed on October 25, 2021. No
comments were received. EPA has determined that these changes do not
interfere with attainment and maintenance of the national ambient air
quality standards or any other applicable requirement of the Act
because they are minor in nature. For these reasons, EPA is approving
the changes to this rule.
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\2\ See North Carolina's April 14, 2021, SIP revision at pp. 82-
86 (of the pdf file available in the docket for this rulemaking) to
review a redline version of the rule showing all changes.
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III. Incorporation by Reference
In this document, EPA is finalizing rule regulatory text that
includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference 15A NCAC Subchapter 02D, Rule .0542--Control of Particulate
Emissions from Cotton Ginning Operations, with a state-effective date
of November 1, 2020. These changes are approved to make minor
clarifying and typographical edits to the rule. EPA has made, and will
continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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).
IV. Final Action
EPA is finalizing the aforementioned revisions to Rule .0542--
Control of Particulate Emissions from Cotton Ginning Operations. EPA is
approving these changes because they are consistent with the Clean Air
Act (CAA).
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. 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:
<bullet> 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 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 March 14, 2022. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic
compounds.
Dated: December 29, 2021.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the 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
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2. In Sec. 52.1770, in paragraph (c), amend table 1, under ``Section
.0500 Emission Control Standards,'' by removing the entry for ``Section
.0542'' and adding an entry for ``Rule .0542'' in its place to read as
follows:
Sec. 52.1770 Identification of plan.
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(c) * * *
[[Page 1360]]
(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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Subchapter 2D Air Pollution Control Requirements
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Section .0500 Emission Control Standards
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Rule .0542...................... Control of Particulate 11/1/2020 1/11/2022, [Insert
Emissions from Cotton citation of
Ginning Operations. publication].
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[FR Doc. 2022-00030 Filed 1-10-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 11, 2022.
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