Rule2023-16603
Air Plan Approval; North Carolina; Air Quality Control, Revisions to Particulates From Fugitive Dust Emissions Sources Rule
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
August 9, 2023
Effective
September 8, 2023
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 Division of Air Quality (NCDAQ) through a letter dated September 10, 2021. The SIP revision includes changes to the State's air pollution control requirements in the SIP that modify several definitions, clarify its applicability requirements, adjust the requirement for fugitive dust control plan submissions, and make minor language and formatting changes. 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 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53798-53800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16603]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0428; FRL-9991-02-R4]
Air Plan Approval; North Carolina; Air Quality Control, Revisions
to Particulates From Fugitive Dust Emissions Sources Rule
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 Division of Air Quality (NCDAQ) through a letter dated
September 10, 2021. The SIP revision includes changes to the State's
air pollution control requirements in the SIP that modify several
definitions, clarify its applicability requirements, adjust the
requirement for fugitive dust control plan submissions, and make minor
language and formatting changes. EPA is approving these changes
pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective September 8, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0428. 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 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-Miles, Multi-Air
Pollutant Coordination Section, Air Planning and Implementation Branch,
Air and Radiation Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, North Carolina 30303-8960. The
telephone number is (404) 562-9144. Ms. Williams-Miles can also be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#13447a7f7f7a727e605e7a7f76603d437672617f767d76537663723d747c65"><span class="__cf_email__" data-cfemail="42152b2e2e2b232f310f2b2e27316c122723302e272c27022732236c252d34">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On September 10, 2021, NCDAQ submitted a revision to North
Carolina's Rule 15A North Carolina Administrative Code (NCAC) 02D
.0540, Particulates from Fugitive Non-Process Dust Emission
Sources.<SUP>1 2</SUP> The submittal makes changes to the State's air
pollution control requirements by revising several definitions,
clarifying applicability requirements, updating language, and making
other minor changes to the corresponding particulate matter fugitive
emission control regulation in the North Carolina SIP.\3\ EPA believes
that the changes to Rule 02D .0540 provide additional clarity to the
applicability of control plans and control plan procedures, rule
exemptions, and definitions for fugitive dust emission sources. EPA has
determined that the changes to the SIP do not interfere with attainment
and maintenance of the NAAQS or any other applicable requirement of the
Act.
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\1\ EPA received the September 10, 2021, submittal on September
14, 2021. For clarity, throughout this rulemaking EPA will refer to
the September 14, 2021, submission by its cover letter date of
September 10, 2021.
\2\ The September 10, 2021, submittal included several changes
to other North Carolina SIP-approved rules that are not addressed in
this rulemaking. EPA will act on those rule revisions in separate
actions.
\3\ NCDAQ submitted a letter to EPA on January 25, 2023,
withdrawing the changes to Rule .0540(e)(1) from consideration for
inclusion in the North Carolina SIP. For this reason, EPA is not
acting on the changes to paragraph (e)(1) in this rulemaking.
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Through a notice of proposed rulemaking (NPRM), published on March
23, 2023 (88 FR 17479), EPA proposed to approve the September 10, 2021,
changes to North Carolina Rule 15 NCAC 02D .0540. The details of North
Carolina's submission, as well as EPA's rationale for approving the
changes, are described in more detail in the March 23, 2023, NPRM.
Comments on the March 23, 2023, NPRM were due on or before April 24,
2023. No comments were received on the March 23, 2023, NPRM.
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, and as discussed in section I of this preamble, EPA is
finalizing the incorporation by reference of 15A NCAC 02D .0540,
Particulates from Fugitive Dust Emission Sources, State effective on
September 1, 2019, into the North Carolina SIP with the exception of
paragraph (e)(1).\4\ 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.\5\
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\4\ Paragraph (e)(1) remains in the SIP with a State effective
date of August 1, 2007.
\5\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing the approval of the September 10, 2021, SIP
revision to incorporate various changes to North Carolina's fugitive
emission dust control regulation. Specifically, EPA is proposing to
approve various changes to Rule 02D .0540, Particulates from Fugitive
Dust Emission Sources, as explained herein. EPA is proposing to approve
these changes for the reasons discussed above.
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,
[[Page 53799]]
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); and
<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.
In addition, 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
NCDAQ did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 10, 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, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: May 22, 2023.
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, amend the table in paragraph (c)(1) by revising
the entry for ``Rule .0540'' 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 EPA approval date Explanation
date
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Section .0500 Emission Control Standards
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Rule .0540................... Particulates from 9/1/2019 8/9/2023,............ With the exception of
Fugitive Dust [Insert citation of paragraph (e)(1),
Emission Sources. publication]. which has a State
effective date of
August 1, 2007.
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[FR Doc. 2023-16603 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P
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