Rule2022-21647
Air Plan Approval; North Carolina; Source Testing and Monitoring
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
October 7, 2022
Effective
November 7, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or Agency) is finalizing the approval of changes to the North Carolina State Implementation Plan (SIP), submitted by the State of North Carolina through the North Carolina 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 approving these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 87 Issue 194 (Friday, October 7, 2022)</title>
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[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Rules and Regulations]
[Pages 60895-60897]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21647]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0036; FRL-10151-02-R4]
Air Plan Approval; North Carolina; Source Testing and Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
finalizing the approval of changes to the North Carolina State
Implementation Plan (SIP), submitted by the State of North Carolina
through the North Carolina 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 approving these changes
pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective November 7, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0036. 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: Sarah LaRocca, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. LaRocca can be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#b3dfd2c1dcd0d0d29dc0d2c1d2dbf3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="d7bbb6a5b8b4b4b6f9a4b6a5b6bf97b2a7b6f9b0b8a1">[email protected]</span></a> or via telephone at (404) 562-8944.
SUPPLEMENTARY INFORMATION:
I. Background
On October 9, 2020, NCDAQ submitted a SIP revision addressing
changes to North Carolina's regulations on monitoring and performance
testing for stationary sources of air pollution. Specifically, the
revisions address several regulations under 15A North Carolina
Administrative Code (NCAC) Subchapter 02D, Section .0600, Air
Contaminants; Monitoring; Reporting, and Section .2600, Source
Testing.\1\
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\1\ EPA notes that the Agency received several submittals
revising 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 action, in separate rulemakings.
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The October 9, 2020, revisions to the North Carolina SIP mostly
include changes that do not alter the meaning of the regulations, such
as clarifying changes, updating cross-references, and making several
ministerial language changes. However, as described in an August 24,
2022, Notice of Proposed Rulemaking (NPRM), other changes transmitted
include requiring additional information in the source testing
protocols and revising the required test methods in certain cases.
On August 24, 2022, EPA published a NPRM proposing to approve these
revisions. Additional details on the revisions, as well as EPA's
rationale for approving these changes, can be found in the August 24,
2022, NPRM. See 87 FR 51941. Comments on the August 24, 2022, NPRM were
due on or before September 23, 2022. EPA received no comments on the
NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as specified in Section I of this preamble, EPA is finalizing
the incorporation by reference of 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). Therefore, these materials have
been approved by EPA for inclusion in the SIP, 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.\2\
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\2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the October 9, 2020, SIP revisions to incorporate
multiple changes to North Carolina's source monitoring and testing
provisions into the SIP. Specifically, EPA is approving various
ministerial and minor changes to language and other clarifying changes
throughout North Carolina's rules in 02D Section .0600, Monitoring:
Recordkeeping: Reporting, and .2600, Source Testing. EPA is approving
these changes for the reasons discussed above and in the NPRM.
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 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
[[Page 60896]]
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 December 6, 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, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 30, 2022.
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
0
2. In Sec. 52.1770(c), amend table (1) under ``Subchapter 2D Air
Pollution Control Requirements'' by removing the entries for ``Section
.0607,'' ``Section .0608,'' ``Section .0610,'' ``Section .0612,''
``Section .0613,'' ``Section .2603,'' ``Section .2604,'' ``Section
.2605,'' ``Section .2606,'' ``Section .2607,'' ``Section .2608,''
``Section .2610,'' ``Section .2612,'' ``Section .2613,'' and ``Section
.2614;'' and adding in their place entries for ``Rule .0607,'' ``Rule
.0608,'' ``Rule .0610,'' ``Rule .0612,'' ``Rule .0613,'' ``Rule
.2603,'' ``Rule .2604,'' ``Rule .2605,'' ``Rule .2606,'' ``Rule
.2607,'' ``Rule .2608,'' ``Rule .2610,'' ``Rule .2612,'' ``Rule
.2613,'' and ``Rule .2614.'' The additions read as follows:
Sec. 52.1770 Identification of plan.
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(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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* * * * * * *
Rule .0607....................... Large Wood and Wood- 11/1/2019 10/7/2022, [Insert
Fossil Fuel citation of
Combination Units. publication].
Rule .0608....................... Other Large Coal or 11/1/2019 10/7/2022, [Insert
Residual Oil citation of
Burners. publication].
* * * * * * *
Rule .0610....................... Federal Monitoring 11/1/2019 10/7/2022, [Insert
Requirements. citation of
publication].
* * * * * * *
Rule .0612....................... Alternative 11/1/2019 10/7/2022, [Insert
Monitoring and citation of
Reporting publication].
Procedures.
Rule .0613....................... Quality Assurance 11/1/2019 10/7/2022, [Insert
Program. citation of
publication].
[[Page 60897]]
* * * * * * *
Rule .2603....................... Testing Protocol... 11/1/2019 10/7/2022, [Insert
citation of
publication].
Rule .2604....................... Number of Test 11/1/2019 10/7/2022, [Insert
Points. citation of
publication].
Rule .2605....................... Velocity and Volume 11/1/2019 10/7/2022, [Insert
Flow Rate. citation of
publication].
Rule .2606....................... Molecular Weight... 11/1/2019 10/7/2022, [Insert
citation of
publication].
Rule .2607....................... Determination of 11/1/2019 10/7/2022, [Insert
Moisture Content. citation of
publication].
Rule .2608....................... Number of Runs and 11/1/2019 10/7/2022, [Insert
Compliance citation of
Determination. publication].
* * * * * * *
Rule .2610....................... Opacity............ 11/1/2019 10/7/2022, [Insert
citation of
publication].
* * * * * * *
Rule .2612....................... Nitrogen Oxide 11/1/2019 10/7/2022, [Insert
Testing Methods. citation of
publication].
Rule .2613....................... Volatile Organic 11/1/2019 10/7/2022, [Insert
Compound Testing citation of
Methods. publication].
Rule .2614....................... Determination of 11/1/2019 10/7/2022, [Insert
VOC Emission citation of
Control System publication].
Efficiency.
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[FR Doc. 2022-21647 Filed 10-6-22; 8:45 am]
BILLING CODE 6560-50-P
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