Rule2022-21651
Air Plan Approval; North Carolina; Revisions to Exclusionary Rules and Permit Exemptions
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 18, 2022
Effective
November 17, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving portions of revisions to the State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), on September 18, 2009, and July 10, 2019. These revisions modify two different sections of the North Carolina SIP which (1) exclude certain categories of facilities from title V permitting requirements by imposing limitations on their potential emissions (Section 2Q .0800, "Exclusionary Rules"), and (2) exclude certain categories of facilities from the SIP's permitting requirements by imposing limitations on their potential emissions (Section 2Q .0900, "Permit Exemptions"). EPA is approving these revisions pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 87 Issue 200 (Tuesday, October 18, 2022)</title>
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[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Rules and Regulations]
[Pages 62990-62994]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21651]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0187; FRL-10244-01-R4]
Air Plan Approval; North Carolina; Revisions to Exclusionary
Rules and Permit Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of revisions to the State Implementation Plan (SIP) submitted
by the State of North Carolina, through the North Carolina Department
of Environmental Quality, Division of Air Quality (DAQ), on September
18, 2009, and July 10, 2019. These revisions modify two different
sections of the North Carolina SIP which (1) exclude certain categories
of facilities from title V permitting requirements by imposing
limitations on their potential emissions (Section 2Q .0800,
``Exclusionary Rules''), and (2) exclude certain categories of
facilities from the SIP's permitting requirements by imposing
limitations on their potential emissions (Section 2Q .0900, ``Permit
Exemptions''). EPA is approving these revisions pursuant to the Clean
Air Act (CAA or Act).
DATES: This rule is effective November 17, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0187. 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 can either
be retrieved electronically via <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. Ms. Williams can be
reached via telephone at (404) 562-9144 or via electronic mail at
<a href="/cdn-cgi/l/email-protection#681f0104040109051b46180d091a040d060d280d1809460f071e"><span class="__cf_email__" data-cfemail="0b7c626767626a6678257b6e6a79676e656e4b6e7b6a256c647d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In a notice of proposed rulemaking (NPRM) published on January 19,
2021 (86 FR 5091), EPA proposed to approve changes to several
provisions under 15A North Carolina Administrative Code (NCAC)
Subchapter 2Q, Air Quality Permit Procedures,\1\ of the North Carolina
SIP. EPA proposed revisions to the following rules under Section 2Q
.0800 (``Exclusionary Rules''), which defines the categories of
facilities that are not subject to title V permitting requirements due
to limitations on their potential emissions: 2Q .0801, Purpose and
Scope; 2Q .0802, Gasoline Service Stations and Dispensing Facilities;
\2\ 2Q .0803, Coating, Solvent Cleaning, Graphic Arts Operations; 2Q
.0804, Dry Cleaning Facilities; 2Q .0805, Grain Elevators; 2Q .0806,
Cotton Gins; and 2Q .0807, Emergency Generators. In addition, EPA
proposed to remove from the SIP Rule 2Q .0809, Concrete Batch Plants.
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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 2Q is referred
to as ``Subchapter 2Q Air Quality Permits.''
\2\ This amendment changes the title of Rule 2Q .0802 in 40 CFR
52.1770(c) from ``Gasoline Servicing Stations and Dispensing
Facilities'' to ``Gasoline Service Stations and Dispensing
Facilities.''
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EPA also proposed revisions to the following rules under Section 2Q
.0900 (``Permit Exemptions''), which defines the categories of
facilities that are exempt from the State's SIP permitting requirements
for non-title V facilities by limiting their potential emissions: 2Q
.0901, Purpose and Scope, and 2Q .0902, Temporary
Crushers.<SUP>3 4</SUP> The January 19, 2021, NPRM provides additional
detail regarding the background and rationale for EPA's action.
Comments were due on or before February 18, 2021.
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\3\ In the September 18, 2009, submittal, North Carolina changes
the title of Rule 2Q .0902 from ``Portable Crushers'' to ``Temporary
Crushers.''
\4\ DAQ supplemented the September 18, 2009, submittal in a
letter dated June 7, 2019, which includes the correct redline/
strikeout of the regulatory changes and final regulations that
became state effective on January 1, 2009. This letter is available
in the docket for this rulemaking.
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II. Response to Comments
EPA received comments on the January 19, 2021, NPRM, which are
included in the docket for this rulemaking. The comments arrived in a
letter dated February 18, 2021, and originate from one commentor, Air
Law for All. The Commenter also provided supplemental documentation to
support its comments. The comments are generally opposed to the
revisions to the permit exemption provisions of Rule 2Q .0902,
Temporary Crushers, which exempts temporary rock crushers that meet
certain criteria from the requirement to obtain stationary source
construction and operating permits under Section 2Q .0300 of the SIP.
EPA received no comments on the changes to rules under Section 2Q .0800
or other rule revisions proposed for approval in the NPRM. Below, EPA
summarizes and responds to the comments received and briefly describes
the temporary crushers covered by Rule 2Q .0902.
A crusher is a machine designed to crush rocks into sand, gravel,
or smaller crushed rocks. The term ``temporary crusher'' means a
crusher that will be operated at any one site or facility for
[[Page 62991]]
no more than 12 months. See provision 2Q .0902(a). To operate, a
crusher is attached to either a diesel engine, which powers the
crusher, or to a diesel-fired generator, which provides electrical
power to the crusher and can either be mounted on the crusher or
separated from it on a trailer. These diesel engines are mobile sources
that meet the definition of ``nonroad engine'' in the CAA and its
general compliance provisions for highway, stationary, and nonroad
programs. See 72 U.S.C. 7550(10); 40 CFR 1068.30 (definition of
``nonroad engine'').\5\ The existing SIP-approved version of Rule 2Q
.0902 exempts temporary crushers from permitting if, among other
specific criteria, any diesel-fired generator or a diesel engine that
powers the crusher burns no more than 17,000 gallons of diesel fuel at
any one facility or site.
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\5\ See also 40 CFR 1068.30, General Compliance Provisions for
Highway, Stationary, and Nonroad Programs, which defines ``nonroad
engines,'' in part, as any internal combustion engine that, by
itself or in or on a piece of equipment, is portable or
transportable, and does not remain at a location for more than 12
consecutive months.
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Comment 1: The Commenter states that diesel engines used at a
temporary source are considered nonroad engines and that the State has
the authority to regulate the ``use and operation'' of nonroad engines
under a permissible interpretation of section 209(e) of the CAA. The
Commenter quotes 40 CFR part 1074, subpart A, Appendix A, which states,
in part, ``EPA believes that states are not precluded under 42 U.S.C.
7543 [CAA section 209] from regulating the use and operation of nonroad
engines, such as regulations on hours of usage, daily mass emission
limits, or sulfur limits on fuel; nor are permits regulating such
operations precluded, once the engine is no longer new.'' \6\ The
Commenter then asserts that regulation of total fuel consumption
pursuant to Rule 2Q .0902 at a temporary crusher facility is a
regulation of ``the use and operation'' of the diesel engines.
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\6\ The Commenter quotes 40 CFR part 89, subpart A, Appendix A,
which EPA moved to 40 CFR part 1074 in 2021. See 86 FR 34308 (July
29, 2021).
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Response 1: EPA disagrees that the existing SIP-approved version of
Rule 2Q .0902 imposes any restriction or limitation on the ``the use
and operation'' of diesel engines. Paragraph (b) of the SIP-approved
version states that the Rule applies to any temporary crusher that:
(1) crushes no more than 300,000 tons at any one facility or site;
(2) burns no more than 17,000 gallons of diesel fuel at any one
facility or site if uses:
(A) a diesel-fired generator, or
(B) a diesel engine to drive the crusher;
(3) does not operate at a quarry that has an air permit issued
under this subchapter;
(4) continuously uses water spray to control emissions from the
crushers; and
(5) does not operate at a facility that is required to have a
mining permit issued by the Division of Energy, Mineral, and Land
Resources.
These five criteria are not regulating the use and operation of the
crushers or the diesel engines that run them; they are the criteria
that a temporary crusher must meet under the existing North Carolina
SIP to qualify for an exemption from the State's construction and
operation permit provisions at Section 2Q .0300. North Carolina's July
10, 2019, SIP revision removes only one of these five criteria--the
second one regarding the burning of diesel fuel, which places no
restriction on the combustion of diesel fuel by an engine or generator
and no limitation on the emissions from such combustion. The other four
criteria remain for determining whether a temporary crusher qualifies
for the permit exemption.
EPA agrees with the Commenter that diesel engines used at a
temporary source, such as these temporary crushers, are considered
nonroad engines and that states are not precluded from regulating the
use and operation of these engines. However, North Carolina's SIP
explicitly exempts title II nonroad engines from its permitting
requirements.\7\ Further, the Commenter provides no evidence that the
fuel combustion threshold being removed from the permitting exemption
criteria of Rule 2Q .0902 was originally adopted as an in-use
restriction. The fuel combustion criterion was only one of five
criteria North Carolina originally chose to adopt in this rule for the
purpose of deciding whether a temporary crusher qualifies for a
stationary source permit exemption, as explained further below. The
State did not create this criterion to regulate emissions from the
diesel engines. Under the existing rule, for example, if a temporary
crusher that opted for coverage under Rule 02Q .0902 were to combust
more than 17,000 gallons of diesel fuel at any one facility or site, it
would not be in violation of any fuel combustion limitation (because
none exists). Instead, such facility would be in violation of the
requirement to obtain a permit in accordance with 15A NCAC 2Q .0300.
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\7\ See provision 2Q .0102(c)(1)(L)(ii), which states ``[t]he
following activities do not need a permit or permit modification
under this Section .0300 of this Subchapter; however, the Director
may require the owner or operator of these activities to register
them under 15A NCAC 2D .0200: . . . non self-propelled non-road
engines, except generators, regulated by rules adopted under Title
II of the federal Clean Air Act. . . .''
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North Carolina submitted the temporary crusher permitting exemption
to EPA as a SIP revision on December 14, 2004, and EPA approved the
revision on September 29, 2017.\8\ In that original submittal, the
State estimated that crushers processing 300,000 tons of material would
emit approximately 1,775 pounds of particulate matter (PM),\9\ the only
pollutant emitted by temporary crushers subject to Rule 2Q .0902. The
State also observed that many of these crushers, in combination with
their associated diesel-powered engines or generators, emit less than 5
tons per year of each pollutant per site.\10\ The State noted that the
subject crushers are used on a temporary basis at construction sites to
crush concrete, asphalt, and stone, are moved from site to site with
little notice, and are generally at one location for only a few days to
a few months at a time.\11\ The State asserted that ``[b]ecause of the
mobile nature of these crushers, requiring them to obtain an air permit
before moving to a new location is cumbersome and creates compliance
problems for the crushers and the Division of Air Quality.'' \12\ Thus,
the purpose of Rule 2Q .0902 is not to regulate the ``use and
operation'' of these nonroad engines, but to identify the ``temporary
crushers'' that are exempt from the State's construction and operation
permits program at Section 2Q .0300 due to the temporary nature of
their operating location and their low level of air pollutant
emissions.
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\8\ See December 14, 2004, SIP revision, included in the docket
(Docket Identification No. EPA-R04-OAR-2016-0362) for EPA's
September 29, 2017, rulemaking (82 FR 45473).
\9\ Id. at Attachment 10, Memorandum, Paul Grable to Mr. Thomas
Allen, June 9, 2003.
\10\ Id. at Attachment 9, Economic Assessment.
\11\ Id.
\12\ Id.
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Comment 2: The Commenter states that the diesel engine requirement
was a valid regulation, and its removal is not merely a clarification.
Response 2: In its July 10, 2019, submittal, North Carolina states
that language related to engines throughout Rule 2Q .0902 was deleted
because DAQ does not regulate engines under CAA title II, Emission
Standards For Moving Sources (title II).\13\ In other words,
[[Page 62992]]
because emissions from nonroad engines are mobile source emissions and
not stationary source emissions, those emissions are not subject to any
requirement of the North Carolina SIP. Indeed, the SIP specifically
exempts title II nonroad engines from its permitting requirements, and
the quantity of diesel fuel combusted by a nonroad engine or generator
driving a crusher has no relevance to stationary source emissions.
Therefore, removal of the diesel combustion threshold helps to clarify
that mobile source emissions are not regulated under the current North
Carolina SIP.\14\
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\13\ See July 10, 2019, SIP revision, Attachment 2, p. HR-1-202.
\14\ While Rule 2Q .0902 relates only to North Carolina's SIP
permitting requirements at Section 2Q .0300, EPA notes that the
State's title V permitting rules likewise exempt mobile source
emissions from permitting requirements under that program. See Rules
02Q .0502(d) and 0503(7)(a).
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Comment 3: The Commenter states that the removal of the diesel fuel
combustion threshold on engines at temporary crushers is a relaxation
of the SIP. According to the Commenter, it is possible that a permit
for a temporary crusher with engines that burn more than 17,000 gallons
of diesel will not contain any restrictions on the engines themselves
but impose restrictions on other emissions from the crusher, and that
more temporary crushers will qualify for the permit exemption as result
of the change. The Commenter adds that this exemption is from the
State's general construction and operating permit program, which is
intended to protect air quality standards. The Commenter concludes that
EPA must disapprove the revision for temporary crushers because the
State has not demonstrated, as required under section 110(l) of the
Act, that the revisions to the eligibility criteria for the permit
exemption for temporary crushers will not interfere with requirements
regarding attainment, reasonable further progress, and other
requirements of the Act.
Response 3: EPA disagrees that the requirements of CAA section
110(l) have not been satisfied. Section 110(l) states that ``[t]he
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of this Act.'' As discussed below, EPA has
concluded that the changes to Rule 2Q .0902 will not interfere with any
applicable requirement concerning attainment or any other applicable
CAA requirement because there are no potential emission increases
associated with these changes.
As discussed above, North Carolina does not regulate nonroad
engines, which are instead regulated by EPA under title II of the
CAA.\15\ EPA agrees with the State that nonroad diesel emissions are
mobile source emissions regulated by EPA under title II and are not
part of the stationary source emissions from temporary crushers.
Therefore, removing the diesel engine combustion criterion will not
cause engine emissions to increase because (1) North Carolina does not
regulate these engines to begin with, (2) this criterion never served
to limit either the quantity of diesel fuel that an engine or generator
was allowed to combust or the quantity of emissions allowed from such
combustion, and (3) title II requirements continue to limit emissions
from nonroad engines and generators and this action will not change
title II requirements.
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\15\ Section 213 of the CAA requires the EPA Administrator to
promulgate (and periodically revise) regulations containing
standards applicable to emissions from those classes or categories
of new nonroad engines and new nonroad vehicles (other than
locomotives or engines used in locomotives) which in the
Administrator's judgment cause, or contribute to, air pollution.
Those regulations are codified under 40 CFR part 1039, Control of
Emissions from New and In-Use Nonroad Compression-Ignition Engines.
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With regard to permitting the stationary source, even if a
temporary crusher with a nonroad engine that combusts more than 17,000
gallons at any one facility or site were to become exempt from the
State's construction and operation permits program following removal of
the fuel combustion criterion, EPA expects no appreciable impact on air
quality. First, provision 2Q .0902(c) protects the fine and coarse PM
NAAQS by requiring the owner or operator of a temporary crusher to
reduce to a minimum any particulate matter from becoming airborne to
prevent exceeding the ambient air quality standards for particulate
matter beyond the property line.\16\ Second, EPA does not expect that
any permit issued by North Carolina to a material crusher prior to
becoming exempt would have included any emission limitations beyond
what is already required under state and federal rules and this action
does not change those requirements. Requirements from 40 CFR part 60,
subpart OOO, Standards of Performance for Nonmetallic Mineral
Processing Plants,\17\ and from North Carolina rules 2D .0510,
Particulates from Sand, Gravel, Or Crushed Stone Operations, and 2D
.0540, Particulates from Fugitive Non-Process Dust Emission Sources
continue to apply to these material crushers, in accordance with the
terms of such rules. These rules contain limitations for particulate
matter emissions, fugitive emissions, and opacity only. Third, the
300,000-ton material processing criterion remains in place, and as
noted above, temporary crushers that emit more than approximately 1,775
pounds of PM at a site per 12-month period would continue to be subject
to permitting.
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\16\ The SIP-approved version of Rule 2Q .0902 states ``The
owner or operator of a portable crusher shall not cause or allow any
material to be produced, handled, transported, or stockpiled without
taking measures to reduce to a minimum any particulate matter from
becoming airborne to prevent exceeding the ambient air quality
standards beyond the property line for particulate matter
(PM<INF>2.5</INF>, PM<INF>10</INF>, and total suspended
particulates).''
\17\ 40 CFR part 60, subpart OOO, which applies to temporary
crushers in North Carolina that meet certain applicability criteria
(see 40 CFR 60.670(a)(1) and (c)(2)), does not include any provision
regulating the engines or generators that power such equipment.
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For the reasons discussed above, EPA has concluded that the
revisions to Rule 2Q .0902 will not interfere with any applicable
requirement concerning attainment, reasonable further progress, or any
other applicable CAA requirement.
Comment 4: The Commenter states that North Carolina's SIP revision
must include a CAA section 110(l) noninterference demonstration,
consisting of an air quality analysis or substitute equivalent
emissions reductions, and that the revision contains no such
demonstration. Therefore, the Commenter claims that the SIP revision
does not meet the completeness requirements of Appendix V to 40 CFR
part 51, and in turn, does not contain the information necessary to
enable EPA to determine whether the plan submission complies with the
provisions of the Act, as required by CAA section 110(k)(1)(A). The
Commenter also states that in the absence of any information from the
State to support the SIP revision, EPA cannot supplement it with
technical information about temporary crushers and air quality to
approve the submittal because to do so would violate the notice
requirements of the Administrative Procedure Act (APA) (citing Ober v.
U.S. EPA, 84 F.3d 304, 312 (9th Cir. 1996)). If the State or EPA has
information that supports approval of the SIP revision, the Commenter
argues that EPA must re-propose its action and allow for comment on the
information.
Response 4: EPA disagrees with the Commenter. Pursuant to CAA
section 110(k)(1)(B), the SIP submissions being acted on were deemed
complete by operation of law on March 18, 2010, and
[[Page 62993]]
January 10, 2020, respectively (i.e., six months after the dates of
submission), because EPA did not make an affirmative finding that the
submissions were complete or incomplete before those dates.
Furthermore, given the nature of the revisions to Rule 2Q .0902, the
SIP submittals did not need a technical air quality analysis or
equivalent emissions reductions to demonstrate compliance with the CAA.
Removal of the diesel fuel combustion criterion from Rule 2Q .0902 is
appropriate because, among other things, mobile source emissions are
not part of the stationary source (i.e., the temporary crusher)
emissions, nonroad engines are not regulated by North Carolina, and the
criterion did not require any air pollutant emission reductions from
the nonroad engines.\18\ EPA's evaluation of North Carolina's revisions
to Rule 2Q .0902 is based entirely on the State's December 14, 2004,
SIP submittal (original request for approval of Rule 2Q .0902); the
State's September 18, 2009, and July 10, 2019, SIP submittals; the
State's June 7, 2019, and June 1, 2020, letters included in the docket
for this rulemaking; the SIP; and on the CAA. EPA has not relied on any
new technical information in approving this rule revision. Under these
circumstances, re-proposal of this action is not required by the APA.
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\18\ See prior comment responses in this notice for additional
rationale.
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III. 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 discussed in Section I and II of this preamble, EPA is
finalizing the incorporation by reference of the following rules under
Subchapter 2Q Air Quality Permits with a state-effective date of April
1, 2018: 2Q .0801, Purpose and Scope; 2Q .0802, Gasoline Service
Stations and Dispensing Facilities; 2Q .0803, Coating, Solvent
Cleaning, Graphic Arts Operations; 2Q .0804, Dry Cleaning Facilities;
2Q .0805, Grain Elevators; 2Q .0806, Cotton Gins; 2Q .0807, Emergency
Generators; 2Q .0901, Purpose and Scope; and 2Q .0902, Temporary
Crushers (with the exception of .0902(d)).\19\ Also in this document,
EPA is finalizing the removal of Rule 2Q .0809, Concrete Batch Plants,
from the North Carolina SIP, which was previously incorporated by
reference in accordance with the requirements of 1 CFR part 51. These
changes to the North Carolina SIP revise the recordkeeping and
reporting requirements of the permitting exclusionary rules, revise
language, reformat the regulatory citations contained in these
regulations, remove the ``Concrete Batch Plants'', and remove provision
2Q .0902(b)(2). EPA has made, and will continue to make, the State
Implementation Plan generally available 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, the
revised materials as stated above, have been approved by EPA for
inclusion in the State implementation plan, 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.
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\19\ The changes to paragraph .0902(d) in the July 10, 2019, and
September 18, 2009, SIP revisions were withdrawn from EPA
consideration in a letter from DAQ dated June 1, 2020. Additionally,
the withdrawal of paragraph (d) from Rule 2Q .0902 leaves the rule
with two paragraphs (c), one state-effective on January 1, 2005, and
one state-effective on April 1, 2018. DAQ plans to submit revisions
to address the two paragraphs (c) in a future submission.
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IV. Final Action
EPA is approving the changes described above to the North Carolina
SIP submitted by the State of North Carolina on September 18, 2009, and
July 10, 2019. The changes to 2Q .0801, Purpose and Scope; 2Q .0802,
Gasoline Service Stations and Dispensing Facilities; 2Q .0803, Coating,
Solvent Cleaning, Graphic Arts Operations; 2Q .0804, Dry Cleaning
Facilities; 2Q .0805, Grain Elevators; 2Q .0806, Cotton Gins; 2Q .0807,
Emergency Generators; 2Q .0901, Purpose and Scope; and 2Q .0902,
Temporary Crushers, revise the recordkeeping and reporting requirements
of the permitting exclusionary rules, revise language, reformat the
regulatory citations contained in these regulations, remove 2Q .0809,
Concrete Batch Plants, and remove provision 2Q .0902(b)(2). The changes
are consistent with the 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 actions 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,
[[Page 62994]]
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 19, 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, Incorporation by
reference, Intergovernmental relations, 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, 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 2Q Air
Quality Permits'' by:
0
a. Removing the entries for ``Section .0801'', ``Section .0802'',
``Section .0803'', ``Section .0804'', ``Section .0805'', ``Section
.0806'', ``Section .0807'', and adding in their place entries for
``Rule .0801'', ``Rule .0802'', ``Rule .0803'', ``Rule .0804'', ``Rule
.0805'', ``Rule .0806'', ``Rule .0807'';
0
b. Removing the entry for ``Section .0809''; and
0
c. Removing the entries for ``Section .0901'' and ``Section .0902'' and
adding in their place entries for ``Rule .0901'' and ``Rule .0902''.
The amendment reads as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule .0801..................... Purpose and Scope. 4/1/2018 10/18/2022, .......................
[Insert citation
of publication].
Rule .0802..................... Gasoline Service 4/1/2018 10/18/2022, .......................
Stations and [Insert citation
Dispensing of publication].
Facilities.
Rule .0803..................... Coating, Solvent 4/1/2018 10/18/2022, .......................
Cleaning, Graphic [Insert citation
Arts Operations. of publication].
Rule .0804..................... Dry Cleaning 4/1/2018 10/18/2022, .......................
Facilities. [Insert citation
of publication].
Rule .0805..................... Grain Elevators... 4/1/2018 10/18/2022, .......................
[Insert citation
of publication].
Rule .0806..................... Cotton Gins....... 4/1/2018 10/18/2022, .......................
[Insert citation
of publication].
Rule .0807..................... Emergency 4/1/2018 10/18/2022, .......................
Generators. [Insert citation
of publication].
* * * * * * *
Rule .0901..................... Purpose and Scope. 4/1/2018 10/18/2022, .......................
[Insert citation
of publication].
Rule .0902..................... Temporary Crushers 4/1/2018 10/18/2022, With the exception of
[Insert citation .0902(d). This rule
of publication]. contains two paragraph
``(c)''s. One has an
effective date of 1/1/
2001. The other has a
state effective date
of 4/1/2018.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-21651 Filed 10-17-22; 8:45 am]
BILLING CODE 6560-50-P
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