Rule2024-25392
Air Plan Approval; Forsyth County, North Carolina; Removal of Excess Emissions Provisions
Primary source
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Published
October 31, 2024
Effective
December 2, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the North Carolina Division of Air Quality (NCDAQ) on behalf of the Forsyth County Office of Environmental Assistance and Protection (FCEAP or Forsyth County) on November 28, 2022. The revision was submitted in response to a finding of substantial inadequacy and SIP call published on June 12, 2015, concerning excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is approving the SIP revision in accordance with requirements for SIP provisions under the Clean Air Act (CAA or Act) and finds that such SIP revision corrects the deficiencies identified in the Forsyth County portion of the North Carolina SIP in the June 12, 2015, SIP Call. EPA is also approving minor and administrative changes to certain regulatory provisions that have been revised by the local agency since EPA's last approval of those provisions.
Full Text
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<title>Federal Register, Volume 89 Issue 211 (Thursday, October 31, 2024)</title>
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[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Rules and Regulations]
[Pages 86755-86758]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25392]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0466; FRL-12179-02-R4]
Air Plan Approval; Forsyth County, North Carolina; Removal of
Excess Emissions Provisions
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 North Carolina
Division of Air Quality (NCDAQ) on behalf of the Forsyth County Office
of Environmental Assistance and Protection (FCEAP or Forsyth County) on
November 28, 2022. The revision was submitted in response to a finding
of substantial inadequacy and SIP call published on June 12, 2015,
concerning excess emissions during startup, shutdown, and malfunction
(SSM) events. EPA is approving the SIP revision in accordance with
requirements for SIP provisions under the Clean Air Act (CAA or Act)
and finds that such SIP revision corrects the deficiencies identified
in the Forsyth County portion of the North Carolina SIP in the June 12,
2015, SIP Call. EPA is also approving minor and administrative changes
to certain regulatory provisions that have been revised by the local
agency since EPA's last approval of those provisions.
DATES: This rule is effective December 2, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0466. 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 Multi-Air Pollutant Coordination
[[Page 86756]]
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: Faith Goddard, 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, Georgia 30303-8960. The telephone number is
(404) 562-8757. Ms. Goddard can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#77101813131605135911161e031f3712071659101801"><span class="__cf_email__" data-cfemail="5c3b3338383d2e38723a3d3528341c392c3d723b332a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In a September 12, 2024, notice of proposed rulemaking (NPRM), EPA
proposed to approve the November 28, 2022, SIP revision submitted by
NCDAQ on behalf of Forsyth County in response to a June 12, 2015,
action titled ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown, and Malfunction'' (``2015 SSM SIP Action''). See 80 FR 33840
(June 12, 2015). EPA's rationale for the proposed approval and
determination is explained in the September 12, 2024, NPRM.\1\ See 89
FR 74171. The public comment period for EPA's proposed approval and
determination ended on October 3, 2024. EPA received one comment on the
September 12, 2024, NPRM, but the comment is not relevant to this
action. The comment is available in the docket for this action.
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\1\ As discussed in the September 12, 2024, NPRM, the November
28, 2022, submission contains a revised cross-reference to source
testing requirements not approved into the Forsyth County portion of
the North Carolina SIP. EPA is not acting on that change in this
rulemaking. On September 27, 2024, in a letter dated September 26,
2024, NCDAQ on behalf of FCEAP withdrew the portion of the November
28, 2022, SIP revision updating the aforementioned cross-reference
and requested that the existing SIP-approved source testing
requirements cross-reference be retained instead. See the September
26, 2024, partial withdrawal letter in the docket for this
rulemaking.
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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 Forsyth County Air Quality Control
Ordinance and Technical Code Subchapter 3D, Section .0500, Rule 3D
.0535, Excess Emissions Reporting and Malfunctions, locally effective
July 14, 2022, with the following exceptions: EPA is not incorporating
the last sentence of Rule 3D .0535(f), locally effective July 14,
2022,\2\ and in Rule 3D .0535(c) and (g) is incorporating only the
statements that each paragraph ``is not included in Forsyth County's
portion of the State Implementation Plan.'' \3\ 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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\2\ In lieu of the July 14, 2022, locally effective version of
the last sentence of Rule 3D .0535(f), EPA is retaining the
September 14, 1998, locally effective version of the sentence,
consistent with EPA's last approval on February 17, 2000. See 65 FR
8053. In this final action, the Agency is updating the SIP table at
40 CFR 52.1770(c) to reflect the retention of the September 14,
1998, version of the aforementioned sentence.
\3\ Additionally, the existing substantive text of Rule 3D
.0535(c) and (g) is being removed from the Forsyth County portion of
the North Carolina SIP. With this final action, the SIP-approved
version of Rule 3D .0535(c) reads, ``(Paragraph (c) is not included
in Forsyth County's portion of the State Implementation Plan.),''
and the SIP-approved version of .0535(g) reads, ``(Paragraph (g) is
not included in Forsyth County's portion of the State Implementation
Plan.).'' In this final action, the Agency is updating the SIP table
at 40 CFR 52.1770(c) accordingly.
\4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving Forsyth County's November 28, 2022, SIP submission
requesting changes to Rule 3D .0535, Excess Emissions Reporting and
Malfunctions, except for the change to the cross-referenced rule in
Rule 3D .0535(f), into the Forsyth County portion of the North Carolina
SIP. Specifically, EPA is approving the removal of the substantive text
of Rule 3D .0535(c) and (g) from the Forsyth County portion of the
North Carolina SIP, the addition of statements clarifying that Rule 3D
.0535(c) and (g) are not included in the Forsyth County portion of the
North Carolina SIP,\5\ and is otherwise approving the revised version
of Rule 3D .0535 into the Forsyth County portion of the North Carolina
SIP,\6\ except for the last sentence of Rule 3D .0535(f), which
contains a revised cross-reference that EPA is not acting on at this
time. See 89 FR 74171. EPA is approving this SIP revision because the
Agency has determined that it is consistent with the requirements for
SIP provisions under the CAA.
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\5\ Forsyth County is retaining the substantive text of Rule 3D
.0535(c) and (g) for local-law purposes only. With this final
action, emission limits incorporated into the Forsyth County portion
of the North Carolina SIP apply at all times, and exemptions for
emissions exceeding otherwise applicable SIP emission limitations
during periods of SSM, as provided in the substantive text of Rule
3D .0535(c) and (g), apply to Forsyth County in its exercise of
enforcement authority for local-law purposes only. Therefore, with
this final action, citizens and EPA can seek injunctive relief or
civil penalties for excess emissions.
\6\ In this final action, EPA is also approving, as part of the
November 28, 2022, SIP revision, certain changes to malfunction
abatement plan, notification, and source testing requirements, as
well as non-substantive administrative changes to the remaining Rule
3D .0535 regulatory text, as discussed in the September 12, 2024,
NPRM.
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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 CAA 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. Accordingly, 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);
[[Page 86757]]
<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 rulemaking 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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines 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.''
The FCEAP 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 communities with EJ concerns.
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 December 30, 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 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: October 28, 2024.
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, in paragraph (c)(2), amend table EPA-Approved
Forsyth County Regulations by revising the entry for ``Rule .0535'' to
read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(2) EPA-Approved Forsyth County Regulations
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County
Citation Title/subject effective EPA approval Explanation
date date
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Section .0500 Emission Control Standards
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Rule .0535.................... Excess Emissions 7/14/2022 10/31/2024, Except for the last sentence of
Reporting and [Insert first paragraph (f), which is
Malfunctions. page of Federal retained with a local
Register effective date of September
citation]. 14, 1998. Except for language
providing exemptions for
emissions exceeding otherwise
applicable SIP emission
limitations during startup and
shutdown at paragraph (c) and
malfunctions at paragraph (g);
paragraph (c) reads only,
``(Paragraph (c) is not
included in Forsyth County's
portion of the State
Implementation Plan.)'' and
paragraph (g) reads only,
``(Paragraph (g) is not
included in Forsyth County's
portion of the State
Implementation Plan.).''
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[[Page 86758]]
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[FR Doc. 2024-25392 Filed 10-30-24; 8:45 am]
BILLING CODE 6560-50-P
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