Rule2022-28150
Air Plan Approval; NC; Miscellaneous NSR Revisions and Updates; Updates to References to Appendix W Modeling Guideline
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
January 5, 2023
Effective
February 6, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing the approval of a State Implementation Plan (SIP) revision, submitted by North Carolina on April 13, 2021. Specifically, EPA is approving updates to the incorporation by reference of Federal new source review (NSR) regulations and federal guidelines on air quality modeling in the North Carolina SIP. EPA is also converting a previous conditional approval regarding the infrastructure SIP prevention of significant deterioration (PSD) elements, for the 2015 ozone national ambient air quality standards (NAAQS) for North Carolina to a full approval. EPA is also approving updates to North Carolina's NSR regulations to better align them with the federal rules. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 88 Issue 3 (Thursday, January 5, 2023)</title>
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[Federal Register Volume 88, Number 3 (Thursday, January 5, 2023)]
[Rules and Regulations]
[Pages 773-775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28150]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0782; FRL-10215-02-R4]
Air Plan Approval; NC; Miscellaneous NSR Revisions and Updates;
Updates to References to Appendix W Modeling Guideline
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a State Implementation Plan (SIP) revision, submitted by
North Carolina on April 13, 2021. Specifically, EPA is approving
updates to the incorporation by reference of Federal new source review
(NSR) regulations and federal guidelines on air quality modeling in the
North Carolina SIP. EPA is also converting a previous conditional
approval regarding the infrastructure SIP prevention of significant
deterioration (PSD) elements, for the 2015 ozone national ambient air
quality standards (NAAQS) for North Carolina to a full approval. EPA is
also approving updates to North Carolina's NSR regulations to better
align them with the federal rules. EPA is approving these changes
pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective February 6, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2022-0782. 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: Josue Ortiz Borrero, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number for Mr. Ortiz Borrero is (404) 562-
8085. Mr. Ortiz Borrero can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#462934322f3c24293434233429682c293533230623362768212930"><span class="__cf_email__" data-cfemail="08677a7c61726a677a7a6d7a672662677b7d6d486d7869266f677e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated a revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIP revisions meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe.\1\ For the 2015 8-hour ozone NAAQS, states were required to
submit such SIP revisions (also known as iSIPs) no later than October
1, 2018.
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\1\ Section 110(a)(2) requires states to address basic SIP
elements such as requirements for monitoring, basic program
requirements, and legal authority that are designed to assure
attainment and maintenance of the NAAQS. This particular type of SIP
is commonly referred to as an ``infrastructure SIP'' or ``iSIP.''
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On September 27, 2018, North Carolina met the requirement to submit
an iSIP for the 2015 8-hour ozone NAAQS by the October 1, 2018,
deadline. Through previous rulemakings, EPA approved most of the
infrastructure SIP elements for the 2015 ozone NAAQS for North
Carolina.\2\ However, regarding the PSD elements of section
110(a)(2)(C), (D)(i)(II) (prong 3), and (J) (herein referred to as
element C, Prong 3, and element J, respectively), EPA conditionally
approved \3\ these portions of North Carolina's iSIP submission because
of outdated references to the federal guideline on air quality modeling
found in Appendix W of 40 CFR part 51.\4\
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\2\ EPA approved most elements for North Carolina, except for
the Interstate Transport provisions (Prongs 1 & 2) and the PSD
provisions (elements C, Prong 3, and J), on March 11, 2020. See 85
FR 14147. EPA approved the interstate transport provisions (Prongs 1
& 2) for North Carolina on December 2, 2021. See 86 FR 68413.
\3\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a state to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the state fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval and EPA will issue a
finding of disapproval.
\4\ See 85 FR 20836 (April 15, 2020).
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As discussed in the conditional approval for the 2015 ozone iSIP
PSD elements, North Carolina's SIP contained outdated references to
Appendix W, and the State committed to update the outdated references
and submit a SIP revision within one year of EPA's final rule
conditionally approving these PSD elements. Accordingly, North Carolina
was required to make its submission by April 15, 2021. North Carolina
met its commitment by submitting a SIP revision to correct the
deficiencies on April 13, 2021.
Through a Notice of Proposed Rulemaking (NPRM), EPA proposed to
approve the changes to the North Carolina SIP and to also convert the
April 15, 2020, conditional approval to a full approval regarding
element C, Prong 3, and element J for the 2015 8-hour ozone NAAQS
infrastructure SIP. See 87 FR 61548 (October 12, 2022). Comments on the
October 12, 2022, NPRM were due on or before November 14, 2022. No
comments were received on the October 12, 2022, NPRM, and EPA is now
finalizing the changes.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of North
Carolina regulations 15A NCAC 02D .0530, ``Prevention of Significant
Deterioration,'' state effective on October 1, 2020, and .0544,
``Prevention of Significant Deterioration Requirements for Greenhouse
Gases,''
[[Page 774]]
state effective on November 1, 2020, making several updates to North
Carolina's emission control permitting rules consistent with federal
requirements.\5\ EPA has made, and will continue to make, the SIP
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 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.\6\
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\5\ EPA is not approving the October 1, 2020, state-effective
version of Rule 02D .0530 to the extent that the rule incorporates
by reference certain provisions of 40 CFR 51.166, as specified in
this footnote. NCDAQ provided a letter to EPA dated September 6,
2022, clarifying that it is not requesting approval of these
provisions into the North Carolina SIP.
EPA is not approving the October 1, 2020, state-effective
version of Rule 02D .0530 to the extent that the rule incorporates
by reference 51.166(b)(2)(iii)(a) as of July 1, 2019. Instead, the
version of 40 CFR 51.166(b)(2)(iii)(a) in the SIP remains the
version that existed in the CFR on March 15, 1996, as approved by
EPA into the SIP on October 15, 1999 (64 FR 55831).
EPA is also not approving the October 1, 2020, state-effective
version of Rule 02D .0530 to the extent the rule incorporates by
reference 40 CFR 51.166(i)(2). Instead, the version of 40 CFR
51.166(i)(2) in the SIP remains the version that existed in the CFR
on July 1, 2014, as approved by EPA into the SIP on September 11,
2018 (83 FR 45827).
Finally, EPA is not approving the October 1, 2020, state-
effective version of Rule 02D .0530 to the extent the rule
incorporates by reference the following federal provisions: 40 CFR
51.166(b)(2)(v), 51.166(b)(3)(iii)(d), 51.166(b)(53)-(56),
51.166(i)(11) [note that the NPRM included a typographical error and
cited instead to 40 CFR 51.166(i)(11)(ii)], and 51.166(y).
\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving changes to the North Carolina SIP and converting
the conditional approval for element C, Prong 3, and element J for the
2015 8-hour ozone Infrastructure SIP to a full approval. Specifically,
EPA is approving changes to North Carolina Rule 15A NCAC 02D .0530,
``Prevention of Significant Deterioration,'' and .0544, ``Prevention of
Significant Deterioration Requirements for Greenhouse Gases.''
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 March 6, 2023. 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: December 20, 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
Sec. 52.1769 [Reserved].
0
2. Remove and reserve Sec. 52.1769
0
3. Amend Sec. 52.1770 by:
0
a. In paragraph (c), in table (1) under ``Subchapter 2D Air Pollution
Control Requirements'', revising the entries for ``Section .0530'' and
``Section .0544''; and
[[Page 775]]
0
b. In paragraph (e), in the table by adding at the end an entry for
``110(a)(1) and (2) Infrastructure Requirements for the 2015 8-Hour
Ozone NAAQS''
The additions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
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State
State citation Title/subject effective EPA approval Explanation
date date
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* * * * * * *
Rule .0530...... Prevention of 10/1/2020 1/5/2023, Except for the incorporation by reference
Significant [Insert of 40 CFR 51.166(b)(2)(iii)(a), which is
Deterioration. citation of instead the incorporation of the March
publication]. 15, 1996, version of that section as
approved into the SIP on October 15,
1999.
Except for the incorporation by reference
of 40 CFR 51.166(i)(2), which is instead
the incorporation of the July 1, 2014,
version of that section as approved into
the SIP on September 11, 2018.
Except for the incorporation by reference
of 40 CFR 51.166(b)(2)(v),
51.166(b)(3)(iii)(d), 51.166(b)(53)-
(56), 51.166(i)(11), and 51.166(y).
* * * * * * *
Rule .0544...... Prevention of 11/1/2020 1/5/2023, Except for the Biomass Deferral Rule
Significant [Insert language contained in the second
Deterioration citation of sentence of 40 CFR 51.166(b)(48)(ii)(a).
Requirements for publication].
Greenhouse Gases.
* * * * * * *
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* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
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State
Provision effective EPA approval Federal Register Explanation
date date citation
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* * * * * * *
110(a)(1) and (2) Infrastructure 4/13/2021 1/5/2023 [Insert citation of Addressing the PSD
Requirements for the 2015 8-Hour publication]. provisions of
Ozone NAAQS. sections
110(a)(2)(C),
(D)(i)(II) (Prong
3), and (J) only.
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[FR Doc. 2022-28150 Filed 1-4-23; 8:45 am]
BILLING CODE 6560-50-P
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