Rule2022-22724
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
October 25, 2022
Effective
November 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) 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 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 approving these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 87 Issue 205 (Tuesday, October 25, 2022)</title>
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[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Rules and Regulations]
[Pages 64382-64384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0554; FRL-9187-02-R4]
Air Plan Approval; North Carolina; Miscellaneous Emission Control
Standards Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) 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 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 approving these changes pursuant to the Clean
Air Act (CAA or Act).
DATES: This rule is effective November 25, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0554. 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 Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#6f030e1d000c0c0e411c0e1d0e072f0a1f0e41080019"><span class="__cf_email__" data-cfemail="214d40534e4242400f5240534049614451400f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving certain changes to North Carolina's SIP that were
provided to EPA by NCDEQ via a letter dated April 13, 2021, and are
related to North Carolina's 15A North Carolina Administrative Code
(NCAC) Subchapter 02D, Section .0500,
[[Page 64383]]
Emission Control Standards.\1\ Specifically, EPA is approving changes
to 15A NCAC 02D Sections .0516, Sulfur Dioxide Emissions from
Combustion Sources, which include minor grammatical edits and remove
references to outdated State-only rules; .0517, Emissions from Plants
Producing Sulfuric Acid, which include minor typographical edits;
.0519, Control of Nitrogen Dioxide and Nitrogen Oxides Emission, which
correct typographical errors and incorrect references, and are
clarifying in natures; and .0533, Stack Height, which include minor
grammatical and formatting changes that do not alter the meaning of the
provision.\2\ \3\
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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 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 action, through 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 action.
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Through a notice of proposed rulemaking (NPRM), published on August
15, 2022, EPA proposed to approve the changes to North Carolina's SIP-
approved Rule .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, as submitted by NCDEQ on April 13, 2021. See 87 FR 50028.
Additional details on North Carolina's April 13, 2021, SIP revision, as
well as EPA's analysis of these changes, can be found in the August 15,
2022, NPRM. Comments on the August 15, 2022, NPRM were due on or before
September 14, 2022. No comments were received on the August 15, 2022,
NPRM, so EPA is now finalizing the approval of the changes as proposed.
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 discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of 15A NCAC Subchapter 02D, Rules .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, 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). 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.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
As described in the August 15, 2022, NPRM, EPA is approving 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 approving changes to 15A NCAC 02D Rules .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.
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 that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 27, 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
[[Page 64384]]
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, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic compounds.
Dated: October 14, 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)(1), amend the table under ``Subchapter 2D Air
Pollution Control Requirements,'' ``Section .0500 Emission Control
Standards,'' by removing the entries for ``Section .0516,'' ``Section
.0517,'' ``Section .0519,'' and ``Section .0533'' and adding in their
places entries for ``Rule .0516,'' ``Rule .0517,'' ``Rule .0519,'' and
``Rule .0533'' to 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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Subchapter 2D Air Pollution Control Requirements
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Section .0500 Emission Control Standards
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Rule .0516...................... Sulfur Dioxide 11/1/2020 10/25/2022, [Insert
Emissions from citation of
Combustion Sources. publication].
Rule .0517...................... Emissions from Plants 11/1/2020 10/25/2022, [Insert
Producing Sulfuric citation of
Acid. publication].
Rule .0519...................... Control of Nitrogen 11/1/2020 10/25/2022, [Insert
Dioxide and Nitrogen citation of
Oxides Emissions. publication].
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Rule .0533...................... Stack Height.......... 11/1/2020 10/25/2022, [Insert
citation of
publication].
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[FR Doc. 2022-22724 Filed 10-24-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on October 25, 2022.
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