Proposed Rule2022-16906
Air Plan Approval; North Carolina; Miscellaneous Emission Control Standards Rule Revisions
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
August 15, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve changes to the North Carolina State Implementation Plan (SIP), submitted by the State of North Carolina through the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality (DAQ), through a letter dated April 13, 2021. This SIP revision includes changes to a subset of NCDEQ's regulations regarding emission control standards. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 87 Issue 156 (Monday, August 15, 2022)</title>
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[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Proposed Rules]
[Pages 50028-50030]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16906]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0554; FRL-9187-01-R4]
Air Plan Approval; North Carolina; Miscellaneous Emission Control
Standards Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve changes to the North Carolina State Implementation Plan (SIP),
submitted by the State of North Carolina through the North Carolina
Department of Environmental Quality (NCDEQ), Division of Air Quality
(DAQ), through a letter dated April 13, 2021. This SIP revision
includes changes to a subset of NCDEQ's regulations regarding emission
control standards. EPA is proposing to approve these changes pursuant
to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before September 14, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0554 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Andres Febres, 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. Mr. Febres can be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#ee888b8c9c8b9dc3838f9c9a87808b94c08f808a9c8b9dae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="b4d2d1d6c6d1c799d9d5c6c0dddad1ce9ad5dad0c6d1c7f4d1c4d59ad3dbc2">[email protected]</span></a> or via
telephone at (404) 562-8966.
SUPPLEMENTARY INFORMATION:
I. What action is EPA proposing?
EPA is proposing to approve certain changes to North Carolina's SIP
that were provided to EPA through NCDEQ via a letter dated April 13,
2021, and related to North Carolina's 15A North Carolina Administrative
Code (NCAC) Subchapter 02D, Section .0500, Emission Control
Standards.\1\ Specifically, EPA is proposing approval of changes to 15A
NCAC 02D Sections .0516, Sulfur Dioxide Emissions from Combustion
Sources; .0517, Emissions from Plants Producing Sulfuric Acid; .0519,
Control of Nitrogen Dioxide and Nitrogen Oxides Emissions; and .0533,
Stack Height.<SUP>2 3</SUP> The changes to these sections, as well as
EPA's analysis of the changes, is discussed in the following sections.
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\1\ EPA notes that the April 13, 2021, submittal was received by
EPA on April 14, 2021.
\2\ EPA received several revisions to the North Carolina SIP
through the same April 13, 2021, cover letter. This proposed
rulemaking only addresses the revisions identified within this
notice. EPA may act on the remaining revisions, including certain
02D Section .0500 rules not considered in this proposed action, in
separate rulemakings.
\3\ On February 22, 2022, and July 6, 2022, North Carolina
submitted letters to EPA withdrawing the changes to Rule 15A NCAC
02D .0532 and .0527, respectively, from EPA's consideration. For
this reason, EPA will not act on these changes to Rule .0532 or
.0527. Both letters can be found in the docket for this proposed
action.
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II. EPA's Analysis of the State's Submittal
A. Rule 15A NCAC 02D .0516
Rule 02D .0516, Sulfur Dioxide Emissions from Combustion Sources,
includes minor grammatical edits to paragraph .0516(a) by removing the
words ``that is'', as well as a rewording of paragraph .0516(b) for
clarity. In addition, North Carolina removes a reference to Rules 02D
.1205 and .1211 from paragraph .0516(b), which originally excluded
large municipal waste combustors and other solid waste incineration
units, respectively, from complying with the requirements of rule
.0516. These two references were removed because the two rules were
State-only rules that have since been repealed, effective July 1,
2018.\4\
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\4\ See NCDAQ's website at <a href="https://deq.nc.gov/about/divisions/air-quality/air-quality-rules/rules/control-emissions-from-incinerators">https://deq.nc.gov/about/divisions/air-quality/air-quality-rules/rules/control-emissions-from-incinerators</a>.
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EPA has preliminarily determined that these changes to the SIP will
not interfere with attainment and maintenance of the national ambient
air quality standards (NAAQS) or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to the North Carolina SIP.
B. Rule 15A NCAC 02D .0517
Rule 0517, Emissions from Plants Producing Sulfuric Acid, contains
very minor typographical edits, such as substituting parentheses for
commas, and edits for clarity, such as adding an ``and'' between two
requirements that both must be met.
EPA has preliminarily determined that these changes to the SIP will
not interfere with attainment and
[[Page 50029]]
maintenance of the NAAQS or any other applicable requirement of the
Act. Therefore, EPA is proposing to approve the aforementioned changes
into the North Carolina SIP.
C. Rule 15A NCAC 02D .0519
Rule .0519, Control of Nitrogen Dioxide and Nitrogen Oxides
Emissions, includes, among other minor edits, a change in paragraph
.0519(a) to address a typographical error. Specifically, North Carolina
is correcting the previous reference to ``sulfuric'' acid, to instead
reference to ``nitric'' acid. A reference to sulfuric acid in paragraph
.0519(a) did not make sense in the context of this rule, as Rule .0519
is specific to emissions from nitrogen sources (i.e. nitrogen dioxide
and nitrogen oxide). With sulfuric acid, calculations using the
equation in .0519(c) would not function for the purpose of comparing
boiler emissions to the nitrogen dioxide emissions limit found in
.0519(a).
Additionally, an incorrect reference to paragraph .0519(a), in
paragraph (d) of this rule, was changed to instead reference paragraph
.0519(b). This is a typographical correction because the provisions in
paragraph .0519(d) are regarding nitrogen oxide emissions from boilers,
which would fall under paragraph (b) of this rule, whereas paragraph
.0519(a) refers to nitrogen dioxide emissions from nitric acid
manufacturing plants.
Paragraph .0519(c) was revised to clarify the units that are
subject to the emissions limit calculation of this paragraph. The
changes clarify that .0519(c) applies to boilers ``burning coal, oil,
or gas in combination'' which would mean any combination of these three
fuel types.
The remaining changes to Rule .0519 are clarifying in nature. For
example, an ``or'' is added to .0519(b)(1) to clarify that there are
two separate emissions standards that apply to different types of
boilers; an equation is reformatted in .0519(c); and .0519(d) is
rephrased for clarity, including identification of the cross-referenced
rules.
EPA has preliminarily determined that these changes to the SIP will
not interfere with attainment and maintenance of the NAAQS or any other
applicable requirement of the Act. Therefore, EPA is proposing to
approve the aforementioned changes to the North Carolina SIP.
D. Rule 15A NCAC 02D .0533
Rule 0533, Stack Height, includes only minor grammatical and
formatting changes that do not alter the meaning of the provisions.
Specifically, Rule .0533 reorders the definitions for ``Stack'', ``Good
engineering practice (GEP),'' ``Nearby,'' and ``Emission limitation''
to reformat the rule alphabetically. In addition, minor changes are
made throughout Rule .0533 to update citations; make minor grammatical
corrections that do not alter the meaning of the provisions (e.g.,
removing ``actually'' from .0533(a)(5)(B)); and add clarity (e.g.,
adding an ``and'' between two definitions that apply to different
situations in .0533(a)(6)(A) and adding the word ``shall'' in
.0533(a)).
EPA has preliminarily determined that these changes to the SIP will
not interfere with attainment and maintenance of the NAAQS or any other
applicable requirement of the Act. Therefore, EPA is proposing to
approve the aforementioned changes to the North Carolina SIP.
III. Incorporation by Reference
In this document, EPA is proposing to include, in a final EPA rule,
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, and as described in Section I and
II of this preamble, EPA is proposing to incorporate by reference 15A
NCAC Subchapter 02D, Section .0516, Sulfur Dioxide Emissions from
Combustion Sources; Section .0517, Emissions from Plants Producing
Sulfuric Acid; Section .0519, Control of Nitrogen Dioxide and Nitrogen
Oxides Emissions; and Section .0533, Stack Height, all state effective
on November 1, 2020. 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. Proposed Action
EPA is proposing to approve the April 13, 2021, SIP revision to
incorporate various changes to a subset of North Carolina's emission
control standards provisions into the SIP. Specifically, EPA is
proposing to approve changes to 15A NCAC 02D Sections .0516, Sulfur
Dioxide Emissions from Combustion Sources; .0517, Emissions from Plants
Producing Sulfuric Acid; .0519, Control of Nitrogen Dioxide and
Nitrogen Oxides Emissions; and .0533, Stack Height. EPA is proposing to
approve these changes for the reasons discussed above.
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
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 proposed 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.
[[Page 50030]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 1, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-16906 Filed 8-12-22; 8:45 am]
BILLING CODE 6560-50-P
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