Rule2022-28658
Air Plan Approval; North Carolina; Minor Revisions to Nitrogen Oxides Rule
Primary source
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Published
January 13, 2023
Effective
February 13, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing the approval of a revision to the North Carolina State Implementation Plan (SIP) submitted by the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality, via a letter dated April 13, 2021, and received by EPA on April 14, 2021. This revision contains minor clarifying and typographical edits to North Carolina's nitrogen oxides (NO<INF>X</INF>) rule. 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 9 (Friday, January 13, 2023)</title>
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[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2243-2245]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28658]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0433; FRL-10402-02-R4]
Air Plan Approval; North Carolina; Minor Revisions to Nitrogen
Oxides Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a revision to the North Carolina State Implementation Plan
(SIP) submitted by the North Carolina Department of Environmental
Quality (NCDEQ), Division of Air Quality, via a letter dated April 13,
2021, and received by EPA on April 14, 2021. This revision contains
minor clarifying and typographical edits to North Carolina's nitrogen
oxides (NO<INF>X</INF>) rule. EPA is approving these changes pursuant
to the Clean Air Act (CAA or Act).
DATES: This rule is effective February 13, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0433. All documents in the docket
are listed on the <a href="http://regulations.gov">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: Steven Scofield, 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. The telephone number is
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#fe8d9d9198979b929ad08d8a9b889bbe9b8e9fd0999188"><span class="__cf_email__" data-cfemail="94e7f7fbf2fdf1f8f0bae7e0f1e2f1d4f1e4f5baf3fbe2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. What action is EPA proposing to take?
EPA is finalizing the approval of changes to North Carolina's SIP
that were provided to EPA through NCDEQ via a letter dated April 13,
2021.\1\ EPA is approving the changes to North Carolina's 15A North
Carolina Administrative Code (NCAC) Subchapter 02D, Section .1400,
Nitrogen Oxides (hereinafter referred to as Section .1400).\2\ The
April 13, 2021, revision to the North Carolina SIP transmits changes
that do not alter the meaning of the regulations, such as clarifying
changes, updated cross-references, and several ministerial language
changes.
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\1\ EPA notes that the submittal was received through the State
Planning Electronic Collaboration System (SPeCS) on April 14, 2021.
For clarity, this notice will refer to the submittal by the date on
the cover letter, which is April 13, 2021.
\2\ EPA notes that the Agency received several submittals
revising the North Carolina SIP that were transmitted with the same
April 13, 2021, cover letter. EPA will be considering action for
these other SIP revisions in separate rulemakings.
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Specifically, EPA is finalizing the approval of changes to 15A NCAC
Subchapter 02D, Rules: .1401, Definitions; .1402, Applicability; .1403,
Compliance Schedules; .1404 Recordkeeping: Reporting: Monitoring;
.1407, Boilers and Indirect-Fired Process Heaters; .1408, Stationary
Combustion Turbines; .1409, Stationary Internal Combustion Engines;
.1410, Emissions Averaging; .1411, Seasonal Fuel Switching; .1412,
Petition for Alternative Limitations; .1413, Sources Not Otherwise
Listed in this Section; .1414, Tune-Up Requirements; .1415, Test
Methods and Procedures; and .1418, New Electric Generating Units,
Boilers, Combustion Turbines, and Large I/C Engines.\3\
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\3\ At this time, EPA is not finalizing the approval of changes
to Rule 02D .1423, Large Internal Combustion Engines, included in
the notice of proposed rulemaking published on November 22, 2022 (87
FR 71286).
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[[Page 2244]]
Through a notice of proposed rulemaking (NPRM), published on
November 22, 2022 (87 FR 71286), EPA proposed to approve the April 13,
2021, changes to North Carolina Section 15 NCAC 02D .1400. The details
of North Carolina's submission, as well as EPA's rationale for
approving the changes, are described in more detail in the November 22,
2022, NPRM. Comments on the November 22, 2022, NPRM were due on or
before December 22, 2022. No comments were received on the NPRM,
adverse or otherwise.
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, EPA is finalizing the incorporation by reference of 15A NCAC
Subchapter 02D .1401, Definitions; .1402, Applicability; .1403,
Compliance Schedules; .1404 Recordkeeping: Reporting: Monitoring;
.1407, Boilers and Indirect-Fired Process Heaters; .1408, Stationary
Combustion Turbines; .1409, Stationary Internal Combustion Engines;
.1410, Emissions Averaging; .1411, Seasonal Fuel Switching; .1412,
Petition for Alternative Limitations; .1413, Sources Not Otherwise
Listed in this Section; .1414, Tune-Up Requirements; .1415, Test
Methods and Procedures; and .1418, New Electric Generating Units,
Boilers, Combustion Turbines, and Large I/C Engines, state effective on
October 1, 2020, into the North Carolina SIP. 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 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.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing the approval of the April 13, 2021, SIP revision
to incorporate various changes to North Carolina's NO<INF>X</INF> air
provisions into the SIP. Specifically, EPA is proposing to approve
various ministerial and minor changes to language and other clarifying
changes throughout North Carolina's rules in 02D Section .1400,
Nitrogen Oxides. EPA is approving these changes because they are
consistent with the CAA.
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 14, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: December 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.
[[Page 2245]]
Subpart II--North Carolina
0
2. In Sec. 52.1770(c), amend table (1) by removing the entries for
``Section .1401,'' ``Section .1402,'' ``Section .1403,'' ``Section
.1404,'' ``Section .1407,'' ``Section .1408,'' ``Section .1409,''
``Section .1410,'' ``Section .1411,'' ``Section .1412,'' ``Section
.1413,'' ``Section .1414,'' ``Section .1415,'' and ``Section .1418;''
and adding in their place entries for ``Rule .1401,'' ``Rule .1402,''
``Rule .1403,'' ``Rule .1404,'' ``Rule .1407,'' ``Rule .1408,'' ``Rule
.1409,'' ``Rule .1410,'' ``Rule .1411,'' ``Rule .1412,'' ``Rule
.1413,'' ``Rule .1414,'' ``Rule .1415,'' and ``Rule .1418'' 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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Section .1400 Nitrogen Oxides
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Rule .1401...................... Definitions........... 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1402...................... Applicability......... 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1403...................... Compliance Schedules.. 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1404...................... Recordkeeping: 10/1/2020 1/13/2023, [Insert
Reporting: Monitoring. citation of
publication].
Rule .1407...................... Boilers and Indirect- 10/1/2020 1/13/2023, [Insert
Fired Process Heaters. citation of
publication].
Rule .1408...................... Stationary Combustion 10/1/2020 1/13/2023, [Insert
Turbines. citation of
publication].
Rule .1409...................... Stationary Internal 10/1/2020 1/13/2023, [Insert
Combustion Engines. citation of
publication].
Rule .1410...................... Emissions Averaging... 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1411...................... Seasonal Fuel 10/1/2020 1/13/2023, [Insert
Switching. citation of
publication].
Rule .1412...................... Petition for 10/1/2020 1/13/2023, [Insert
Alternative citation of
Limitations. publication].
Rule .1413...................... Sources Not Otherwise 10/1/2020 1/13/2023, [Insert
Listed in This citation of
Section. publication].
Rule .1414...................... Tune-Up Requirements.. 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1415...................... Test Methods and 10/1/2020 1/13/2023, [Insert
Procedures. citation of
publication].
Rule .1418...................... New Electric 10/1/2020 1/13/2023, [Insert
Generating Units, citation of
Large Boilers, and publication].
Large I/C Engines.
* * * * * * *
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[FR Doc. 2022-28658 Filed 1-12-23; 8:45 am]
BILLING CODE 6560-50-P
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