Rule2023-24033
Air Plan Approval; North Carolina; Revisions to Miscellaneous Particulate Matter Rules
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
November 3, 2023
Effective
December 4, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of North Carolina through the North Carolina Division of Air Quality (NCDAQ) via a letter dated April 13, 2021. The SIP revision seeks to modify the State's emission control standards by amending several air quality rules and removing a redundant rule for electric utility boilers. 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 212 (Friday, November 3, 2023)</title>
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[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75500-75503]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24033]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0391; FRL-11368-02-R4]
Air Plan Approval; North Carolina; Revisions to Miscellaneous
Particulate Matter Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of North
Carolina through the North Carolina Division of Air Quality (NCDAQ) via
a letter dated April 13, 2021. The SIP revision seeks to modify the
State's emission control standards by amending several air quality
rules and removing a redundant rule for electric utility boilers. EPA
is approving these changes pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective December 4, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0391. 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: 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, GA 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#c295abaeaeaba3afb18fabaea7b1ec92a7a3b0aea7aca782a7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="13447a7f7f7a727e605e7a7f76603d437672617f767d76537663723d747c65">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is approving a SIP revision submitted by North Carolina on
April 14, 2021,\1\ seeking to amend various air quality rules and to
remove one rule from the North Carolina SIP.\2\ Specifically, the SIP
revision addresses State regulations amended in 15A North Carolina
Administrative Code (NCAC) Subchapter 02D. The submission includes
changes to multiple rules in Sections .0400 and .0500 of Subchapter 02D
and the removal of Rule 02D .0536, Particulate Emissions from Electric
Utility Boilers.\3\ To support the removal of Rule 02D .0536 from the
SIP, the submission includes technical support materials to demonstrate
that the removal of the rule would not interfere with any applicable
requirement concerning attainment and reasonable further progress (RFP)
or any other applicable requirement of the CAA.\4\
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\1\ EPA notes that the April 14, 2021, submission was received
under a cover letter dated April 13, 2021. For clarity, throughout
this document EPA will refer to the April 14, 2021, submission by
its cover letter date of April 13, 2021.
\2\ On April 13, 2021, North Carolina provided multiple SIP
revisions related to other North Carolina SIP-approved rules. These
SIP revisions are not addressed in this document. EPA will act or
has acted on those SIP revisions in separate rulemakings.
\3\ EPA will not act on Rule 02D .0503, Particulates from Fuel
Burning Indirect Heat Exchangers, since this section was withdrawn
from EPA consideration in a letter dated January 17, 2023, which is
in the docket of this action.
\4\ See 42 U.S.C. 7410(l).
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Through a notice of proposed rulemaking (NPRM) published on
September 1, 2023 (88 FR 60424), EPA proposed to approve the April 13,
2021, submission. The details of North Carolina's submission, which
amends various air quality rules and removes Rule 02D .0536 from North
Carolina's SIP, as well as EPA's rationale for approving the changes,
are described in the September 1, 2023, NPRM. Comments on the September
1, 2023, NPRM were due on or before October 2, 2023. No comments were
received on the September 1, 2023, NPRM, adverse or otherwise.
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 the following air quality
rules under 15A
[[Page 75501]]
NCAC Subchapter 02D, Air Pollution Control Requirements, state
effective on November 1, 2020: 02D .0403, Total Suspended Particulates;
02D .0501, Compliance with Emission Control Standards; 02D .0504,
Particulates from Wood Burning Indirect Heat Exchangers; 02D .0506,
Particulates from Hot Mix Asphalt Plants; \5\ 02D .0507, Particulates
from Chemical Fertilizer Manufacturing Plants; 02D .0508, Particulates
from Pulp and Paper Mills; 02D .0509, Particulates from Mica and
Feldspar Processing Plants; 02D .0510, Particulates from Sand, Gravel
or Crushed Stone Processes; 02D .0511, Particulates from Lightweight
Aggregate Processes; 02D .0513, Particulates from Portland Cement
Plants; 02D .0514, Particulates from Ferrous Jobbing Foundries; and 02D
.0515, Particulates from Miscellaneous Industrial Processes. Also in
this document, EPA is finalizing the removal of Rule 02D .0536,
Particulate Emissions from Electric Utility Boilers, from the North
Carolina SIP, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51. 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\ As noted in the NPRM, EPA is not acting on the removal of
the term ``elsewhere'' in Rule 02D .0506(e) because North Carolina
withdrew the removal of this word from EPA consideration in a letter
dated January 17, 2023, which is in the docket for this action. The
term ``elsewhere'' is included in the August 1, 2004, state
effective version of Rule 02D .0506(e). The April 13, 2021, SIP
submittal includes the August 1, 2004, version of the Rule with
redline/strikeout changes showing the differences between the August
1, 2004, version of the rule and the November 1, 2020, version of
the Rule. Therefore, to implement the State's April 13, 2021, SIP
submittal, as amended by the withdrawal letter, EPA is incorporating
by reference the version of the Rule state effective on November 1,
2020, except for the phrase ``not covered'' in paragraph .0506(e),
and is incorporating by reference the phrase ``not covered
elsewhere'' from the version of .0506(e) state effective on August
1, 2004. The resulting regulatory text in paragraph .0506(e) in the
SIP reads, ``Fugitive emissions for sources at a hot mix asphalt
plant not covered elsewhere by this Rule shall not exceed 20 percent
opacity averaged over six minutes.''
\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the aforementioned changes to the North Carolina
SIP. Specifically, EPA is finalizing the approval of the April 13,
2021, SIP revision which amends various air quality rules under 15A
NCAC 02D, Air Pollution Control Requirements, and removes Rule 02D
.0536 from North Carolina's SIP.
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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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,
February 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 2, 2024. 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
[[Page 75502]]
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, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: October 24, 2023.
Jeaneanne Gettle,
Acting 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) EPA-Approved North Carolina
Regulations'' by:
0
a. Under the heading ``Section .0400 Ambient Air Quality Standards'',
revising the entry for ``Rule .0403'';
0
b. Under the heading ``Section .0500 Emission Control Standards'',
revising the entries for ``Rule .0501'', ``Rule .0504'', ``Rule
.0506'', ``Rule .0507'', ``Rule .0508'', ``Rule .0509'', ``Rule
.0510'', ``Rule .0511'', ``Rule .0513'', ``Rule .0514'', and ``Rule
.0515''; and removing the entry for ``Rule .0536''.
The revisions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA-Approved North Carolina Regulations
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State effective
State citation Title/subject date EPA approval date Explanation
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* * * * * * *
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Section .0400 Ambient Air Quality Standards
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* * * * * * *
Rule .0403.................. Total Suspended 11/1/2020 11/3/2023, [Insert ...................
Particulates. citation of
publication].
* * * * * * *
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Section .0500 Emission Control Standards
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Rule .0501.................. Compliance with 11/1/2020 11/3/2023, [Insert ...................
Emission Control citation of
Standards. publication].
* * * * * * *
Rule .0504.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Wood Burning citation of
Indirect Heat publication].
Exchangers.
* * * * * * *
Rule .0506.................. Particulates from 11/1/2020 11/3/2023, [Insert Except that, in
Hot Mix Asphalt citation of paragraph (e), the
Plants. publication]. phrase ``not
covered'' is
replaced with the
phrase ``not
covered
elsewhere'' from
paragraph (e),
with a state
effective date of
August 1, 2004.
Rule .0507.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Chemical Fertilizer citation of
Manufacturing publication].
Plants.
Rule .0508.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Pulp and Paper citation of
Mills. publication].
Rule .0509.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Mica or Feldspar citation of
Processing Plants. publication].
Rule .0510.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Sand, Gravel, or citation of
Crushed Stone publication].
Operations.
Rule .0511.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Lightweight citation of
Aggregate Processes. publication].
* * * * * * *
Rule .0513.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Portland Cement citation of
Plants. publication].
Rule .0514.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Ferrous Jobbing citation of
Foundries. publication].
Rule .0515.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Miscellaneous citation of
Industrial publication].
Processes.
[[Page 75503]]
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[FR Doc. 2023-24033 Filed 11-2-23; 8:45 am]
BILLING CODE 6560-50-P
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