Proposed Rule2022-18171
Air Plan Approval; North Carolina; Source Testing and Monitoring
Primary source
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Published
August 24, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or Agency) 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, Division of Air Quality (NCDAQ), through a letter dated October 9, 2020. The SIP revisions include changes to NCDAQ's regulations regarding monitoring and performance testing for stationary sources of air pollution. 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 163 (Wednesday, August 24, 2022)</title>
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[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Proposed Rules]
[Pages 51941-51944]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18171]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0036; FRL-10151-01-R4]
Air Plan Approval; North Carolina; Source Testing and Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) 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, Division of Air Quality
(NCDAQ), through a letter dated October 9, 2020. The SIP revisions
include changes to NCDAQ's regulations regarding monitoring and
performance testing for stationary sources of air pollution. 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 23, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0036 at <a href="http://regulations.gov">regulations.gov</a>. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. 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="https://www.epa.gov/dockets">https://www.epa.gov/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#721417100017015f1f1300061b1c17085c131c16001701321702135c151d04"><span class="__cf_email__" data-cfemail="ef898a8d9d8a9cc2828e9d9b86818a95c18e818b9d8a9caf8a9f8ec1888099">[email protected]</span></a> or via
telephone at (404) 562-8966.
SUPPLEMENTARY INFORMATION:
I. What action is EPA proposing?
EPA is proposing to approve changes to North Carolina's SIP that
were provided to EPA via a letter dated October 9, 2020, regarding 15A
North Carolina Administrative Code (NCAC) Subchapter 02D, Section
.0600, Air Contaminants; Monitoring; Reporting, and Section .2600,
Source Testing.\1\ Specifically, EPA is proposing to approve changes to
the following: under Section .0600, .Rules .0607, Large Wood and Wood-
Fossil Fuel Combination Fuels; .0608, Other Large Coal or Residual Oil
Burners; .0610, Federal Monitoring Requirements; .0612, Alternative
Monitoring and Reporting Procedures; and .0613, Quality Assurance
Program; and under Section .2600, Rules .2603, Testing Protocol; .2604,
Number of Test Points; .2605, Velocity and Volume Flow Rate; .2606,
Molecular Weight; .2607, Determination of Moisture Content; .2608,
Number of Runs and Compliance Determination; .2610, Opacity; .2612,
Nitrogen Oxide Testing Methods; .2613, Volatile Organic Compound
Testing Methods; and .2614, Determination of VOC Emissions Control
System Efficiency. Additional details on these changes, as well as
EPA's rational for proposing approval of these changes is found in the
next section.
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\1\ EPA notes that the Agency received several submittals
seeking to revise the North Carolina SIP transmitted with the same
October 9, 2020, cover letter. EPA will be considering action for
these other SIP revisions, including certain 02D Section .0600 and
Section .2600 rules not considered in this proposed action, in
separate rulemakings.
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II. EPA's Analysis of the State's Submittal
A. Changes to 02D Section .0600
The October 9, 2020, SIP revision modifies several rules under 02D
Section .0600, Monitoring: Recordkeeping: Reporting. Rule 02D .0607,
Large Wood and Wood-Fossil Fuel Combination Units, includes mostly
minor language and formatting changes that do not alter the meaning of
the provision. The other Section .0600 rules that are proposed for
approval are discussed in more detail hereinafter.
Rule 02D .0608, Other Large Coal or Residual Oil Burners, is
revised at paragraph .0608(e) to change the requirement that the
minimum of four data points in a valid hour of monitoring be equally
spaced to instead require that each 15-minute quadrant of the given
hour contain at least one of the four minimum data points. This change
was made to be consistent with similar changes made to EPA's 40 CFR
parts 60 and 75 continuous monitoring requirements.\2\ The change will
better represent emissions across the whole hour in which a unit
operates because, otherwise, it is possible for equally spaced data
points to be distributed in such a way that a majority of the hour is
not accounted for (e.g., if the four minimum data points are equally-
spaced five minutes apart at the beginning of the hour, which would
leave more than half of the hour without data points). Using the
revised scheme, the minimum of four data points will account for
operation throughout the hour. Additionally, this paragraph adds
language explaining that opacity monitoring is exempted from the
requirement to obtain at least one data point in each 15-minute
quadrant per hour. The exception for opacity monitoring is simply a
clarification of the new requirement because the continuous opacity
monitoring for certain units prescribed elsewhere (e.g., 02D .0606,
.0607) uses a different scheme for collecting and averaging data, such
as a 6-minute averaging time instead of an hour. However, paragraph
.0608(e) concerns monitoring for sulfur dioxide (SO<INF>2</INF>), so
the reference to opacity is not necessary and does not modify any
existing requirements for opacity monitoring. Finally, under paragraph
.0608(j), the State adds Method 6C from appendix A to 40 CFR part 60
and a reference to North Carolina Rule 15A NCAC 02D .2600, Source
Testing, for emissions testing conducted for compliance with the
SO<INF>2</INF> standard. The inclusion of Method 6C matches SIP-
approved Rule 02D .2611, Sulfur Dioxide Testing Methods, which requires
combustion sources that demonstrate compliance with the SO<INF>2</INF>
standard through stack sampling to use the procedures of Method 6 or
Method 6C. The October 9, 2020, submittal also
[[Page 51942]]
includes ministerial and clarifying revisions to Rule 02D .0608.
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\2\ See, for 40 CFR part 75, 60 FR 26510 (May 17, 1995), and for
40 CFR part 60, 72 FR 32710 (June 13, 2007).
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Rule 02D .0610, Federal Monitoring Requirements, is modified by,
among other things, adding new cross-references to the applicability
section of the rule at paragraph (a). The changes add paragraph
.0610(a)(5) which cross-references the Cross-State Air Pollution Rule
at 40 CFR part 97 and adds Generally Available Control Technology
(GACT) to the existing cross-reference of 40 CFR part 63 in paragraph
.0610(a)(3). The purpose of Rule .0610 is not to incorporate the
Federal requirements by reference, but rather to require sources with
air pollutants that do not have applicable monitoring, recordkeeping,
and reporting requirements under the Federal rules listed, or sources
which are not subject to monitoring, recordkeeping, or reporting
requirements set forth in the rules identified in paragraph .0610(a),
to comply with the requirements of Rule 02D .0611, Monitoring Emissions
from Other Sources. The October 9, 2020, submittal also includes
ministerial and clarifying revisions to Rule 02D .0610.
Rule 02D .0612, Alternative Monitoring and Reporting Procedures,
includes mostly ministerial and formatting changes. The SIP revision
also modifies paragraph (b) by adding 40 CFR parts 62 and 97 to the
list of Federal rules with monitoring requirements to which this rule
and its procedures for alternatives do not apply. Additionally, in
paragraph .0612(c), specifically under subparagraphs .0612(c)(7)(B) and
(D), North Carolina removes the terms ``significantly'' and
``significant,'' respectively, from the list of conditions an owner or
operator must show to qualify for alternative recordkeeping or
monitoring. As explained by NCDAQ, the revised provisions retain the
same broad authority as currently in the SIP for the determination on
whether alternative monitoring or data reporting is appropriate for
different designs and operating characteristics. NCDAQ also explained
that these changes do not adversely affect its enforcement
authority.\3\
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\3\ Email correspondence from NCDAQ to EPA dated August 1, 2022,
explaining these changes can be found in the docket for this
proposed action.
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Paragraph .0612(e) establishes the minimum criteria for approval of
a petition for alternative monitoring or reporting, and the SIP
revision includes mostly ministerial and formatting changes. Under
paragraph (e)(3), North Carolina removes the qualifying phrase ``with
reasonable certainty'' from the requirement that alternative monitoring
and reporting must provide information of sufficient quality to
determine ``with reasonable certainty'' the amount of emissions or the
adequacy of a control device or practice in order to be approvable by
the Director. Removing this phrase does not negatively impact the
quality of information that would be collected with alternative
monitoring or reporting procedures. In addition, under paragraph
.0612(e) the Director can only approve petitions for alternatives that
include the information required under paragraph .0612(c), which
requires the petition to include ``a demonstration that the alternative
procedure is at least as accurate as that prescribed by the rule'' at
(c)(6), and satisfy the showing required in .0612(c)(7).
Finally, Rule 02D .0613, Quality Assurance Program, includes mostly
ministerial, formatting, and clarifying changes. Paragraph .0613(c) is
also revised to add a reference to 40 CFR part 60, appendix F,
Procedure 3, Quality Assurance Requirements for Continuous Opacity
Monitoring Systems at Stationary Sources. The SIP-approved paragraph
.0613(c) states that continuous opacity monitoring systems (COMS) may
satisfy the requirements of paragraph .0613(a) by complying with Method
203 to Appendix M of Part 51 as proposed in 57 FR 46114 (October 7,
1992). However, the procedures proposed for Method 203 were never
finalized in 40 CFR part 51 and have since been rewritten as Procedure
3 of Appendix F to Part 60.\4\ See 79 FR 28493 (May 16, 2014). Updating
Rule 02D .0613(c) to allow COMS to comply with Method 203 or 40 CFR
part 60, appendix F, Procedure 3 to satisfy paragraph .0613(a) is
appropriate because Procedure 3 contains the current Federal quality
assurance procedures for continuous opacity monitoring.
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\4\ Method 203 was originally Methods 203A, 203B, and 203C,
found at 40 CFR part 51, appendix M, Section 9.0. These paragraphs
have since been ``reserved'' and rewritten under Procedure 3.
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SIP-approved paragraph .0613(b) states that the Director may
require the owner or operator of a facility required to operate a
monitoring device under Subchapters 02D or 02Q to submit a quality
assurance program if the criteria in .0613(b)(1) through (3) are met.
The SIP revision changes the phrase ``the Director may'' to ``the
Director shall'' and changes the phrase ``quality assurance program''
to ``a description of the quality assurance program.'' SIP-approved
paragraph .0613(g) states that a quality assurance program shall be
available on-site for inspection within 30 days of monitor
certification. The SIP revision also changes the phrase ``quality
assurance program'' to ``a description of the quality assurance
program'' in this paragraph.
Although the change to ``a description of the quality assurance
program'' may alter the name of the required document, NCDAQ explained
that the materials that this document must contain remain the same, as
detailed in paragraph .0613(c) and more specifically in .0613(c)(1)
through (7).\5\ Therefore, there is no substantive change to paragraph
(g), and the overall change to paragraph .0613(c) is strengthening
because the Director must now require owners and operators of subject
facilities to submit the material in paragraph .0613(c).
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\5\ Email correspondence from NCDAQ to EPA dated August 1, 2022,
explaining this change can be found in the docket for this proposed
action.
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B. Changes to 02D Section .2600
The October 9, 2020, SIP revision modifies the rules under 02D
Section .2600, Source Testing identified in section I of this document.
The following rules include only minor language and formatting changes
that do not alter the meaning of the provisions: Rule 02D .2604, Number
of Test Points; \6\ Rule 02D .2605, Velocity and Volume Flow Rate; Rule
02D .2607, Determination of Moisture Content; Rule 02D .2612, Nitrogen
Oxide Testing Methods; and Rule 02D .2614, Determination of VOC
Emission Control System Efficiency. The other .2600 rules that are
proposed for approval are discussed in more detail hereinafter.
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\6\ Rule 02D .2604, under paragraph (b)(1), provides procedures
for testing using Method 1 of Appendix A of 40 CFR part 60, when
multiple exhaust pipes or ducts are present. This rule previously
described the multiple pipes or ducts as ``breechings'' but are now
being referred to as ``ducts.'' Approval of this change into the SIP
would not substantively alter the testing requirements of this rule
because the terms ``ducts'' and ``breechings'' describe the same
components in testing installations.
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The October 9, 2020, submittal transmits changes to Rule 02D .2603,
Testing Protocol, at paragraph .2603(a) by adding the following to the
information that must be included in test protocols: .2603(a)(1)--
facility and testing company contact information; .2603(a)(2)--the
permit number and permitted source's name and identification number;
.2603(a)(6)--test audit requirements applicable to the proposed test
method; .2603(a)(8)--the maximum process rate, maximum normal operation
process rate, and the proposed target process rate for the test; and
.2603(a)(10)--a proposed test schedule. The October 9, 2020, submittal
also includes ministerial
[[Page 51943]]
revisions such as renumbering the existing requirements.
Next, Rule 02D .2606, Molecular Weight, requires the application of
Method 3 of Appendix A, 40 CFR part 60 to determine molecular weight of
gases, with certain exceptions under paragraph .2606(b). The revised
rule includes minor edits and rewording, as well changes to the
exceptions in .2606(b). The current SIP-approved subparagraph
.2606(b)(2) requires that ``[a]t least four samples shall be taken
during a one-hour test run, but as many as necessary shall be taken to
produce a reliable average.'' The phrase ``but as many as necessary
shall be taken to produce a reliable average'' from the end of this
provision would be removed under the proposed revision. This change
does not negatively impact the reliability of molecular weight
determinations.
As provided in paragraph .2606(a), Method 3 of Appendix A to 40 CFR
part 60 is still used to determine molecular weight of the gas being
sampled, with the exceptions presented in paragraph .2606(b). Method 3
requires sampling and analysis of the sample for percent carbon dioxide
(CO<INF>2</INF>) and oxygen (O<INF>2</INF>) to determine molecular
weight, and this process of sampling and analysis must be repeated
until the molecular weight calculated from three samples achieves a
specified variance from the mean.\7\ The final molecular weight
reported is the average of those three molecular weights. However,
Method 3 only requires obtaining the concentration of CO<INF>2</INF>
and O<INF>2</INF> needed to calculate molecular weight once per cycle
of analysis and molecular weight calculation. North Carolina's Rule 02D
.2606 requires that when an instrument, such as the Bacharach Fyrite,
is used instead of the grab sample technique to calculate
CO<INF>2</INF> concentration, at least four samples must be taken to
account for variations in the CO<INF>2</INF> concentrations and those
four samples must be taken during a one-hour test. This means that, if
using an instrument, at least four samples are needed per cycle of
analysis and molecular weight calculation. Additionally, Rule .2606(a)
still requires sampling, analysis, and calculation procedures to be
repeated until the variance specified in Method 3 is achieved to ensure
reliability. Thus, North Carolina's revised rule continues to ensure
that molecular weight testing will produce reliable determinations and
remains at least as stringent as the Federal method.
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\7\ As noted in Method 3, molecular weight is calculated by
determining the concentration of CO<INF>2</INF>, O<INF>2</INF>
N<INF>2</INF>, and CO in the sample but the sample is only analyzed
for CO<INF>2</INF> and O<INF>2</INF>. The amount of N<INF>2</INF>
and CO is determined by subtracting the sum of the percent
CO<INF>2</INF> and percent O<INF>2</INF> from 100 percent to
determine the percentage.
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Rule 02D .2608, Number of Runs and Compliance Determination, is
changed to require that the three test runs required must be
consecutive and completed at the same operating condition. It is also
changed to provide that if other operating conditions or scenarios are
to be tested, three consecutive test runs are required for each of
those conditions or scenarios. The October 9, 2020, submittal also
includes formatting and minor clarifying revisions to Rule 02D .2608.
Rule 02D .2610, Opacity, establishes methods to determine
compliance with opacity standards and is modified to clarify that
Method 22 in Appendix A to 40 CFR part 60 is based upon the frequency
of fugitive emissions that are ``visible during the observation
period.'' The rule is also revised to eliminate the phrase ``from
stationary sources'' in subparagraph .2610(b), which currently requires
the use of Method 22 for compliance with opacity standards based on the
frequency of fugitive emissions ``from stationary sources.'' This
deletion does not change the meaning of the rule because Method 22 is
applicable to stationary sources at part 60. The October 9, 2020,
submittal also includes minor edits to the language in 02D .2610 which
do not alter the meaning of the rule.
Finally, Rule 02D .2613, Volatile Organic Compound Testing Methods,
includes clarifying edits at (c) and (d) to cross-reference the Rule
02D .0930, Solvent Metal Cleaning, definition of ``solvent metal
cleaning equipment'' and the Rule 02D .0927, Bulk Gasoline Terminals,
definition of ``bulk gasoline terminals,'' both of which are terms used
in Rule .2613. The October 9, 2020, also transmits minor language and
formatting changes that do not otherwise alter the meaning of the rule.
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 requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the following North Carolina rules, with a state effective
date of November 1, 2019: Rule 02D .0607, Large Wood and Wood-Fossil
Fuel Combination Units; Rule 02D .0608, Other Large Coal or Residual
Oil Burners; Rule 02D .0610, Federal Monitoring Requirements; Rule 02D
.0612, Alternative Monitoring and Reporting Procedures; Rule 02D .0613,
Quality Assurance Program; Rule 02D .2603, Testing Protocol; Rule 02D
.2604, Number of Test Points; Rule 02D .2605, Velocity and Volume Flow
Rate; Rule 02D .2606, Molecular Weight; Rule 02D .2607, Determination
of Moisture Content; Rule 02D .2608, Number of Runs and Compliance
Determination; Rule 02D .2610, Opacity; Rule 02D .2612, Nitrogen Oxide
Testing Methods; Rule 02D .2613, Volatile Organic Compound Testing
Methods; and Rule 02D .2614, Determination of VOC Emission Control
System Efficiency. 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 portions of the October 9, 2020, SIP
revisions to incorporate various changes to North Carolina's source
monitoring and testing provisions into the SIP. Specifically, EPA is
proposing to approve various changes as described above in 02D Section
.0600, Monitoring: Recordkeeping: Reporting, and .2600, Source Testing.
EPA is proposing to approve these changes because they meet CAA
requirements and would not interfere with any applicable requirement
concerning attainment or reasonable further progress.
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 they meet the criteria of the CAA. This action merely proposes
to approve state law as meeting Federal requirements and would 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.);
[[Page 51944]]
<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 proposed
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.
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, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-18171 Filed 8-23-22; 8:45 am]
BILLING CODE 6560-50-P
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