Proposed Rule2025-15557
Air Plan Approval; North Carolina; Removal of Emissions Exemptions
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 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve separate but related State Implementation Plan (SIP) revisions submitted by the North Carolina Division of Air Quality (NCDAQ). First, EPA is proposing to approve a SIP revision submitted by NCDAQ on behalf of the State of North Carolina on October 27, 2023, to remove certain exemptions available at the discretion of a State official for emissions exceeding otherwise applicable SIP emission limitations. Second, EPA is proposing to approve a SIP revision submitted by NCDAQ on behalf of Mecklenburg County Air Quality (MCAQ or Mecklenburg County) on October 25, 2023, to remove a parallel local exemption analogous to the State's for emissions exceeding otherwise applicable SIP emission limitations. In addition, EPA is proposing to approve minor and administrative changes to certain regulatory provisions that have been revised by the State and Mecklenburg County since EPA's last approval of those provisions. EPA is proposing to approve these SIP revisions pursuant to the Clean Air Act (CAA or Act).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 156 (Friday, August 15, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 156 (Friday, August 15, 2025)]
[Proposed Rules]
[Pages 39340-39345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15557]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 90, No. 156 / Friday, August 15, 2025 /
Proposed Rules
[[Page 39340]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0401; FRL-12885-01-R4]
Air Plan Approval; North Carolina; Removal of Emissions
Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve separate but related State Implementation Plan (SIP) revisions
submitted by the North Carolina Division of Air Quality (NCDAQ). First,
EPA is proposing to approve a SIP revision submitted by NCDAQ on behalf
of the State of North Carolina on October 27, 2023, to remove certain
exemptions available at the discretion of a State official for
emissions exceeding otherwise applicable SIP emission limitations.
Second, EPA is proposing to approve a SIP revision submitted by NCDAQ
on behalf of Mecklenburg County Air Quality (MCAQ or Mecklenburg
County) on October 25, 2023, to remove a parallel local exemption
analogous to the State's for emissions exceeding otherwise applicable
SIP emission limitations. In addition, EPA is proposing to approve
minor and administrative changes to certain regulatory provisions that
have been revised by the State and Mecklenburg County since EPA's last
approval of those provisions. EPA is proposing to approve these SIP
revisions pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before September 15, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0401 at <a href="http://regulations.gov">regulations.gov</a>. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://regulations.gov">regulations.gov</a>. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
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#12757d76767360763c74737b667a527762733c757d64"><span class="__cf_email__" data-cfemail="c5a2aaa1a1a4b7a1eba3a4acb1ad85a0b5a4eba2aab3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. North Carolina's October 27, 2023, Submittal
B. Mecklenburg County's October 25, 2023, Submittal
II. Analysis of North Carolina's SIP Submittal
A. 15A NCAC 02D .0535(c) and (g)
B. Other Changes--15A NCAC 02D .0535
1. 15A NCAC 02D .0535(a)
2. 15A NCAC 02D .0535(b)
3. 15A NCAC 02D .0535(d) and (e)
4. 15A NCAC 02D .0535(f)
III. Analysis of Mecklenburg County's SIP Submittal
A. MCAPCO 2.0535(c)
B. Other Changes--MCAPCO 2.0535
1. MCAPCO 2.0535(a)
2. MCAPCO 2.0535(b)
3. MCAPCO 2.0535(d) and (e)
4. MCAPCO 2.0535(f)
IV. Proposed Actions
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
A. North Carolina's October 27, 2023, Submittal
In its October 27, 2023, SIP revision \1\ NCDAQ requested that EPA
incorporate into the North Carolina SIP ``15A NCAC 02D .0535 as
submitted in the April 13, 2021, Group 6 rule-readoption submission but
. . . exclude paragraphs (c) and (g) from such approval.'' \2\
Approving this SIP revision would have the effect of removing
paragraphs (c) and (g) from the SIP and incorporating the changes to
the remaining portions of Rule 02D .0535 into the SIP. In the existing
North Carolina SIP, Rules 02D .0535(c) and (g) provide exemptions for
emissions exceeding otherwise applicable SIP emission limitations at
the discretion of a State official during malfunctions at paragraph (c)
and startup and shutdown at paragraph (g). The October 27, 2023, SIP
revision also included minor and administrative changes to the
remaining Rule 02D .0535 regulatory provisions made since EPA's last
approval on August 1, 1997.\3\
---------------------------------------------------------------------------
\1\ NCDAQ submitted a SIP revision on October 25, 2023, and
supplemented it with additional required materials on October 27,
2023; therefore, EPA considers October 27, 2023, to be the date on
which the Agency received the SIP revision submission.
\2\ On April 13, 2021, as part of a SIP revision with a group of
readopted air quality rules termed ``Group 6,'' NCDAQ requested
action on the readopted Rule 02D .0535, including paragraphs (c) and
(g), but on January 19, 2023, NCDAQ withdrew Rule 02D .0535 from the
Group 6 SIP revision. Rule 02D .0535, as originally transmitted to
EPA in the April 13, 2021, Group 6 SIP revision has been resubmitted
by NCDAQ, except for paragraphs (c) and (g). The Group 6 and October
27, 2023, SIP revisions also requested action on the readoption, in
full and in part, respectively, of 15A NCAC 02D .1423 into the North
Carolina SIP, but on December 16, 2024, in a letter dated December
13, NCDAQ withdrew the portion of the October 27, 2023, SIP revision
revising Rule 02D .1423. That letter is included in the rulemaking
docket for this proposed action.
\3\ See 62 FR 41277.
---------------------------------------------------------------------------
B. Mecklenburg County's October 25, 2023, Submittal
In its October 25, 2023, SIP revision, NCDAQ on behalf of MCAQ
requested that EPA incorporate recently adopted Mecklenburg County Air
Pollution Control Ordinance (MCAPCO) Article 2.0000, Section 2.0500,
Rule 2.0535 (``Rule 2.0535''), Excess Emissions Reporting and
Malfunctions \4\ into the
[[Page 39341]]
Mecklenburg County portion of the North Carolina SIP to ``replace the
obsolete version'' of SIP Rule 2.0535 ``with the current version,
except for paragraphs (c) and (g), and remove existing paragraph (c).''
In the existing Mecklenburg County portion of the North Carolina SIP,
Rule 2.0535(c) provides exemptions for emissions exceeding otherwise
applicable SIP emission limitations at the discretion of a local
official during malfunctions, comparable to Title 15A of the North
Carolina Administrative Code (15A NCAC) Subchapter 02D, Section .0500,
Rule .0535 (``Rule 02D .0535''), Excess Emissions Reporting and
Malfunctions, paragraph (c).\5\ Approving this SIP revision would have
the effect of removing paragraph (c) from the SIP, not incorporating
paragraph (g) or the changes to paragraph (a)(1) into the SIP, and
incorporating the changes to the remaining portions of Rule 2.0535 into
the SIP. The October 25, 2023, SIP revision also included minor and
administrative changes to the remaining Rule 2.0535 regulatory
provisions made since EPA's original approval on May 2, 1991.\6\
---------------------------------------------------------------------------
\4\ The Rule 2.0535 title was previously revised from Excess
Emissions Reporting and Malfunction to Malfunctions, Start-Up and
Shut-Down in an administrative update to materials incorporated by
reference into the North Carolina SIP. See 88 FR 50773 (August 2,
2023).
\5\ Rule 2.0535(g), comparable to North Carolina's 15A NCAC 02D
.0535(g), is not approved into the Mecklenburg County portion of the
North Carolina SIP.
\6\ See 56 FR 20140.
---------------------------------------------------------------------------
II. Analysis of North Carolina's SIP Submittal
A. 15A NCAC 02D .0535(c) and (g)
North Carolina requested that EPA incorporate the November 1, 2020,
state-effective version of Rule 02D .0535 into the North Carolina SIP,
excluding paragraphs (c) and (g). Removing paragraphs (c) and (g) from
the North Carolina SIP would mean that emission limits incorporated
into the SIP that were formerly inapplicable under certain
circumstances at the discretion of a State official are no longer
subject to those exemptions. If removed from the SIP, Rules 02D
.0535(c) and (g) would continue to exist in North Carolina state law
and would apply to North Carolina in its exercise of enforcement
authority for state law purposes only. Because Rules 02D .0535(c) and
(g) would no longer be part of the North Carolina SIP, citizens and EPA
could seek injunctive relief or civil penalties for exceedances of
emission limits during the periods that would otherwise have been
covered by Rules 02D .0535(c) and (g). EPA proposes to approve the
State's request to remove Rules 02D .0535(c) and (g) from the North
Carolina SIP as consistent with CAA requirements.
B. Other Changes--15A NCAC 02D .0535
Minor and administrative changes to Rule 02D .0535 have been
adopted by the State since EPA's last approval in 1997, resulting in an
inconsistency between the federally approved SIP and state rules (i.e.,
a ``SIP gap''). North Carolina's October 27, 2023, SIP revision
included administrative changes that update the formatting of rule
references or are minor, generally clarifying edits. EPA is proposing
to approve the administrative changes because they are non-substantive
and therefore have no impact on air quality. The October 27, 2023, SIP
revision also included minor changes to Rules 02D .0535(a), (b), (d),
(e), and (f) that revise the definition of ``excess emissions,'' rule
applicability, malfunction abatement plan requirements, and certain
notification and source testing requirements. EPA discusses its
proposed action with respect to those minor changes below.
1. 15A NCAC 02D .0535(a)
The changes to Rule 02D .0535(a)(1) in the October 27, 2023, SIP
revision revise what is included in the definition of ``excess
emissions'' by adding emission rates exceeding applicable nitrogen
oxide (NO<INF>X</INF>) emission limitations or standards in Section 02D
.1400 and update a recodified air toxics permitting cross-reference.
The revised provision states that ``excess emissions'' means an
emission rate exceeding any applicable emission limitation or standard
in Sections 02D .0500, .0900, .1200, or .1400, a permit condition, or a
permit issued pursuant to Section 02Q .0700, whereas the existing
provision provides that ``excess emissions'' are those emissions that
exceed applicable emission limitations or standards in Sections 02D
.0500, .0900, or .1200, a permit condition, or a permit issued pursuant
to Rule 02H .0610. North Carolina recodified Rule 02H .0610 to Section
02Q .0700 in 1998.\7\ In the North Carolina SIP, Section 02D .1400
establishes emission standards for sources of NO<INF>X</INF> in the
State, particularly to prevent and address violations of the National
Ambient Air Quality Standards (NAAQS) for ozone. EPA proposes to
approve the addition to Rule 02D .0535(a)(1) of the cross-reference to
Section 02D .1400 because the change adds malfunction requirements to
the SIP for sources with emission limits under Section 02D .1400.
Section 02Q .0700 provides procedures for permitting emissions of toxic
air pollutants.\8\ The reference to Section 02Q .0700 captures toxic
air pollutant emissions within the definition of ``excess emissions''
if emissions exceed permitted limits for such sources. Therefore, EPA
proposes to approve the update to this cross-reference.\9\
---------------------------------------------------------------------------
\7\ North Carolina Register Volume 13, Issue 1, pp. 81-85 (July
1, 1998) noted the recodification of 15A NCAC 02H .0610 to 02Q .0700
effective July 1, 1998. The North Carolina Register is available at
<a href="https://www.oah.nc.gov/rules-division/north-carolina-register">https://www.oah.nc.gov/rules-division/north-carolina-register</a>.
\8\ Section 02Q .0700 is a state-only (i.e., not SIP-approved)
permitting program.
\9\ North Carolina Register Volume 12, Issue 8, p. 650 (October
15, 1997) noted that certain provisions, including certain Section
02Q .0700 provisions, were proposed for adoption and that Rule 02H
.0610 was proposed for repeal to, among other reasons, ``amend the
air toxics rules by recodifying them into a new Section.''
---------------------------------------------------------------------------
2. 15A NCAC 02D .0535(b)
The changes to Rule 02D .0535(b) in the October 27, 2023, SIP
revision revise the rule's applicability to update a reference to
recodified Rule 02H .0610 (now Section 02Q .0700). The revised
provision states that Rule 02D .0535 does not apply to sources subject
to Rules 02D .0524, .1110, or .1111 unless emissions exceed an emission
limit in a permit issued pursuant to Section 02Q .0700 that is more
stringent than emission limits set in the aforementioned rules, whereas
the existing provision provides that those sources are not subject to
the rule unless emissions exceed a more stringent emission limit in a
permit issued pursuant to now recodified Rule 02H .0610. In Rule 02D
.0535(b), the reference to Section 02Q .0700 captures a narrow subset
of sources emitting toxic air pollutants for purposes of rule
applicability--namely, toxic air pollutant sources with permitted
limits more stringent than the national emission standards for
hazardous air pollutants (NESHAP) limits. With the removal of the
exemptions for emissions exceeding otherwise applicable SIP emission
limitations (i.e., the removal of Rules 02D .0535(c) and (g) from the
SIP), the updated rule reference would simply maintain the universe of
sources subject to the malfunction abatement plan requirements and
certain reporting and testing requirements within the rule. Therefore,
EPA proposes to approve the update to this cross-reference.
3. 15A NCAC 02D .0535(d) and (e)
The changes to Rules 02D .0535(d) and (e) in the October 27, 2023,
SIP revision revise and update malfunction abatement plan requirements.
Rule 02D
[[Page 39342]]
.0535(d) is revised to require a source other than an electric utility
boiler to submit a malfunction abatement plan, if the Director requires
a plan, within 60 days after receipt of the Director's request. SIP-
approved Rule 02D .0535(e) currently requires sources other than
electric utility boilers to submit those plans within six months of the
Director's requirement to prepare a plan. The added 60-day deadline for
sources other than electric utility boilers at Rule 02D .0535(d), by
shortening the timeframe for plan submittal, would not interfere with
any applicable requirement concerning attainment of the NAAQS or any
other applicable requirement of the Act.\10\
---------------------------------------------------------------------------
\10\ See CAA section 110(l), which prohibits EPA from approving
a SIP revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
CAA section 171), or any other applicable requirement of the Act.
---------------------------------------------------------------------------
Rule 02D .0535(e) is revised to remove an obsolete sentence that
reads, ``The owner or operator of any electric utility boiler unit
required to have a malfunction abatement plan shall submit a
malfunction abatement plan to the Director within 60 days of the
effective date of this Rule.'' The existing subsequent sentence
requires ``any other source'' required to have a malfunction abatement
plan to submit that plan within six months of the Director's
requirement to do so, whereas the revised provision states that ``any
source'' required to have a malfunction abatement plan must submit that
plan within six months of the Director's requirement to do so. Because
SIP-approved Rule 02D .0535(d) requires all electric utility boiler
units to have an approved malfunction abatement plan and the change to
Rule 02D .0535(d) in the October 27, 2023, SIP revision now also
requires the submission of malfunction abatement plans within 60 days
of receipt of the Director's request for sources other than electric
utility boilers, the six-month submission deadline in Rule 02D .0535(e)
would now apply to electric utility boilers only. The six-month
deadline for electric utility boilers by which malfunction abatement
plans must be submitted, by replacing the obsolete timeframe based on
the effective date of the rule with a specific timeframe for sources
constructed after the effective date of the rule, would not interfere
with any applicable requirement concerning attainment of the NAAQS or
any other applicable requirement of the Act.
At Rule 02D .0535(e), the timeframe within which amendments can be
submitted to remedy malfunction abatement plan deficiencies is also
revised. The revised provision states that, if a malfunction abatement
plan does not carry out objectives described in Rule 02D .0535(d) and
is therefore disapproved, an amendment that corrects the deficiencies
identified must be submitted ``within 30 days of receipt of the
Director's notification of disapproval,'' whereas the existing
provision requires a satisfactory amendment to be submitted ``within a
period of time prescribed by the Director.'' The revised timeframe
within which amendments can be submitted to remedy malfunction
abatement plan deficiencies, due to the increased enforceability of the
specific timeframe compared to the former, uncertain one, would not
interfere with any applicable requirement concerning attainment of the
NAAQS or any other applicable requirement of the Act. For these
reasons, EPA proposes to approve the changes to Rules 02D .0535(d) and
(e).
4. 15A NCAC 02D .0535(f)
The changes to Rule 02D .0535(f) in the October 27, 2023, SIP
revision revise and update certain notification and source testing
requirements. Rule 02D .0535(f)(1) is revised to update a malfunction
notification requirement. The revised provision states that, if excess
emissions lasting more than four hours resulting from ``a malfunction,
a breakdown of process or control equipment or any other abnormal
conditions'' occur, the source owner or operator, after becoming aware
of the occurrence, must notify a State official on the air agency's
next business day by 9:00 a.m. (Eastern Time), whereas the existing
provision requires the owner or operator to notify a State official
``within 24 hours.'' According to a description of the proposed state
rule revision in the North Carolina Register,\11\ the State revised the
time for reporting malfunctions because notification to a State
official ``within 24 hours may be difficult when the day on which the
malfunction or abnormal condition occurs and the following day are
weekend days or holidays,'' noting that ``allowing notification on the
following business day would alleviate this problem'' and make rule
reporting requirements compatible with permitting rule reporting
requirements. EPA proposes to approve the change to Rule 02D
.0535(f)(1) because, based on the description above, it would not
interfere with any applicable requirement concerning attainment of the
NAAQS or any other applicable requirement of the Act.
---------------------------------------------------------------------------
\11\ North Carolina Register Volume 10, Issue 18, p. 2,382
(December 15, 1995).
---------------------------------------------------------------------------
Rule 02D .0535(f)(2) is revised to update a corrective-measures
notification requirement. The revised provision states that, ``after''
measures correcting excess emissions as described in prefatory text at
paragraph (f) have been accomplished, the source owner or operator must
notify a State official, whereas the existing provision requires the
owner or operator to notify a State official ``immediately when . . .
corrective measures have been accomplished.'' The reported information
in Rule 02D .0535(f) regarding excess emissions remains unchanged. EPA
proposes to approve the change to Rule 02D .0535(f)(2) because it would
not interfere with any applicable requirement concerning attainment of
the NAAQS or any other applicable requirement of the Act as it does not
impact the timing of the corrective action, the information required to
be reported in paragraph (f), or the need to report completion of
corrective action.
Rule 02D .0535(f) is also revised to update a cross-reference to
source testing requirements. In the final sentence of Rule 02D
.0535(f), the revised provision directs any source owner or operator
required to demonstrate compliance to test the source in accordance
with Section 02D .2600, the purpose of which ``is to assure consistent
application of testing methods and methodologies to demonstrate
compliance with emission standards.'' \12\ The existing provision
requires source testing in accordance with Rule 02D .0501, which in
turn, requires the owner or operator of any subject source or control
equipment to use the source testing procedures of Section 02D .2600 to
demonstrate compliance with Section 02D .0500 if required to do so.\13\
EPA proposes to approve this change to Rule 02D .0535(f) because the
updated source testing requirements cross-reference simply clarifies
testing requirements to which certain sources may be subject. For these
reasons, EPA proposes to approve the changes to Rule 02D .0535(f).
---------------------------------------------------------------------------
\12\ See Rule 02D .2601(a).
\13\ See the final sentence of Rule 02D .0501.
---------------------------------------------------------------------------
III. Analysis of Mecklenburg County's SIP Submittal
A. MCAPCO 2.0535(c)
Mecklenburg County requested that EPA incorporate recently adopted
Rule 2.0535, which was locally effective on October 19, 2021, into the
Mecklenburg County portion of the North Carolina
[[Page 39343]]
SIP to replace obsolete SIP Rule 2.0535, excluding paragraph (c) and
new paragraph (g), which is substantively identical to North Carolina's
15A NCAC 02D .0535(g). Removing paragraph (c) and excluding paragraph
(g) from the Mecklenburg County portion of the North Carolina SIP would
mean that emission limits incorporated into the SIP that were formerly
inapplicable under certain circumstances at the discretion of a local
official are not subject to those exemptions. If removed from the SIP,
Rule 2.0535(c) would continue to exist in Mecklenburg County local law
and would apply to Mecklenburg County in its exercise of enforcement
authority for local law purposes only, along with local-only Rule
2.0535(g). Because Rules 2.0535(c) and (g) would not be part of the
Mecklenburg County portion of the North Carolina SIP, citizens and EPA
could seek injunctive relief or civil penalties for exceedances of
emission limits during the periods that would otherwise have been
covered by Rules 2.0535(c) and (g). EPA proposes to approve Mecklenburg
County's request to remove Rule 2.0535(c) and exclude Rule 2.0535(g)
from the Mecklenburg County portion of the North Carolina SIP as
consistent with CAA requirements.
B. Other Changes--MCAPCO 2.0535
Minor and administrative changes to Rule 2.0535 have been adopted
by Mecklenburg County since EPA's original approval in 1991, resulting
in a ``SIP gap.'' Mecklenburg County's October 25, 2023, SIP revision
included administrative changes that update the rule title \14\ and re-
number paragraphs or are minor, generally clarifying edits. EPA is
proposing to approve the administrative changes because they are non-
substantive and therefore have no impact on air quality. The October
25, 2023, SIP revision also included changes to Rules 2.0535(a) and (b)
that revise the definition of ``excess emissions'' and rule
applicability and minor changes to Rules 2.0535(d), (e), and (f) that
revise malfunction abatement plan requirements and certain notification
and source testing requirements. EPA discusses its proposed action with
respect to those changes below.
---------------------------------------------------------------------------
\14\ Mecklenburg County revises the Rule 2.0535 title from
Malfunctions, Start-Up and Shut-Down to Excess Emissions Reporting
and Malfunctions, consistent with North Carolina's 15A NCAC 02D
.0535 title.
---------------------------------------------------------------------------
1. MCAPCO 2.0535(a)
EPA is proposing to approve administrative changes to Rules
2.0535(a)(2), (3), and (4) that re-number paragraphs or are minor,
generally clarifying edits. EPA is not proposing to act on the changes
to Rule 2.0535(a)(1) in the October 25, 2023, SIP revision at this
time. The changes to Rule 2.0535(a)(1) revise what is included in the
definition of ``excess emissions'' by adding emission rates exceeding
applicable title V emission limitations or standards in Section 1.5500,
incinerator emission limitations or standards in Section 2.1200,
NO<INF>X</INF> emission limitations or standards in Section 2.1400, and
emission limits in an air toxics permit issued pursuant to Section
1.5700, and removing emission rates exceeding applicable emission
control emission limitations or standards in Section 2.0500. The
existing provision provides that ``excess emissions'' exceed applicable
emission control emission limitations or standards in Section 2.0500,
applicable volatile organic compound emission limitations or standards
in Section 2.0900, or a permit condition.\15\ Sections 1.5700, 2.1200,
and 2.1400 are comparable to regulations in North Carolina's 15A NCAC,
and references to those sections within the definition of ``excess
emissions'' in Rule 2.0535(a)(1) are comparable to references within
North Carolina's definition of ``excess emissions'' in 15A NCAC 02D
.0535(a)(1).\16\ However, the added reference to Section 1.5500, which
contains Mecklenburg County's title V operating permit rules,\17\ in
lieu of the reference to Section 2.0500, which provides emission
control standards ``to establish maximum limits on the rate of emission
of air contaminants into the atmosphere,'' \18\ is not comparable to
North Carolina's 15A NCAC 02D .0535(a)(1), which, in the October 27,
2023, SIP revision, retains an analogous cross-reference to Section
2.0500, 15A NCAC 02D .0500, and does not include an analogous reference
to 15A NCAC 02Q .0500, North Carolina's title V operating permit rules.
---------------------------------------------------------------------------
\15\ Sections 1.5500, 2.1200, 2.1400, and 1.5700 are local-only
(i.e., not SIP-approved) provisions.
\16\ Unlike North Carolina's comparable 15A NCAC 02D .1400,
Section 2.1400 is not approved into the Mecklenburg County portion
of the North Carolina SIP.
\17\ See Rule 1.5501(a).
\18\ See Rule 2.0502.
---------------------------------------------------------------------------
EPA is not proposing to act on changes to Rule 2.0535(a)(1) in the
October 25, 2023, SIP revision at this time because the Agency cannot
approve under the definition of ``excess emissions'' the replacement of
emission rates that exceed applicable emission control limitations or
standards in Mecklenburg's Section 2.0500 with emission rates exceeding
applicable limitations or standards in Section 1.5500 because Section
1.5500 itself contains no emission limits or standards. Furthermore,
Section 1.5500 is not in the SIP, and title V rules are generally not
included in SIPs. EPA also finds that the remaining Rule 2.0535(a)(1)
regulatory text in the October 25, 2023, SIP revision is not severable
from the previously described changes to Rule 2.0535(a)(1), and the
Agency is therefore not proposing to act on any changes to Rule
2.0535(a)(1) through this rulemaking.
2. MCAPCO 2.0535(b)
The changes to Rule 2.0535(b) in the October 25, 2023, SIP revision
revise the rule's applicability to update a reference to recodified
Rule 2.0525 (now Rule 2.1110),\19\ remove cross-references to 40 CFR
parts 60 and 61, exclude from rule applicability certain sources
subject to maximum achievable control technology (MACT) standards in
Rule 2.1111, and expand rule applicability to capture certain sources
of toxic air pollutants permitted under Section 1.5700. The revised
provision states that Rule 2.0535 does not apply to sources subject to
Rules 2.0524, 2.1110, or 2.1111 unless emissions exceed an emission
limit in a permit issued pursuant to Section 1.5700 that is more
stringent than emission limits set in the aforementioned rules, whereas
the existing provision provides that sources subject to Rule 2.0524,
now recodified Rule 2.0525, or 40 CFR parts 60 or 61 are not subject to
the rule.\20\ Rule 2.0524, comparable to North Carolina's 15A NCAC 02D
.0524, requires sources subject to federal new source performance
standards (NSPS) at 40 CFR part 60 to, with certain exceptions,\21\
comply with all applicable requirements promulgated at 40 CFR part 60.
Rule 2.1110, comparable to North Carolina's 15A NCAC 02D .1110,
requires sources subject to federal NESHAPs at 40 CFR part 61 to, with
certain exceptions,\22\ comply with all applicable requirements
promulgated at 40 CFR part 61. Likewise, Rule 2.1111, comparable to
North Carolina's 15A NCAC 02D .1111, requires sources subject to
federal source category NESHAPs at 40 CFR
[[Page 39344]]
part 63 to, with certain exceptions,\23\ comply with all applicable
requirements promulgated at 40 CFR part 63. EPA proposes to approve the
addition to Rule 2.0535(b) of the updated cross-reference to Rule
2.1110 and the cross-reference to Rule 2.1111 and the concurrent
removal of the cross-references to now-recodified Rule 2.0525 and 40
CFR parts 60 and 61 because the changes simply reflect that, in
Mecklenburg County, sources subject to applicable NSPS and NESHAPs are
subject to those same standards under Rules 2.0524, 2.1110, or 2.1111.
---------------------------------------------------------------------------
\19\ Rule 2.0535(b)'s cross-reference to Rule 2.0525, which was
repealed from the local regulations effective July 1, 1996, is
changed to a cross-reference to Rule 2.1110.
\20\ Sections 2.0524, 2.1110, and 2.1111 are local-only (i.e.,
not SIP-approved) provisions.
\21\ See Rule 2.0524(b) and (c).
\22\ See Rule 2.1110(b).
\23\ See Rules 2.1111(b) and (c).
---------------------------------------------------------------------------
In Rule 2.0535(b), the added reference to Section 1.5700 captures a
narrow subset of sources emitting toxic air pollutants for purposes of
rule applicability--namely, toxic air pollutant sources with permitted
limits more stringent than the NESHAP limits. With the removal of the
exemption for emissions exceeding otherwise applicable SIP emission
limitations (i.e., the removal of Rule 2.0535(c) from the SIP), the
added rule reference would simply capture that narrow subset of sources
under rule applicability so that those sources are subject to the
malfunction abatement plan requirements and certain reporting and
testing requirements within the rule, consistent with North Carolina's
15A NCAC 02D .0535(b). Therefore, EPA proposes to approve the addition
of this cross-reference.
3. MCAPCO 2.0535(d) and (e)
The changes to Rules 2.0535(d) and (e) in the October 25, 2023, SIP
revision revise and update malfunction abatement plan requirements.
These changes are comparable to the changes to North Carolina's 15A
NCAC 02D .0535(d) and (e) as described in Section II.B.3, above. Rule
2.0535(d) is revised to require a source other than an electric utility
boiler to submit a malfunction abatement plan, if the Director requires
a plan, within 60 days after receipt of the Director's request. SIP-
approved Rule 2.0535(e) currently requires sources other than electric
utility boilers to submit those plans within six months of the
Director's requirement to prepare a plan. The added 60-day deadline for
sources other than electric utility boilers at Rule 2.0535(d), by
shortening the timeframe for plan submittal, would not interfere with
any applicable requirement concerning attainment of the NAAQS or any
other applicable requirement of the Act.\24\
---------------------------------------------------------------------------
\24\ See CAA section 110(l).
---------------------------------------------------------------------------
Rule 2.0535(e) is revised to remove an obsolete sentence that
reads, ``The owner or operator of any electric utility boiler unit
required to have a malfunction abatement plan shall submit a
malfunction abatement plan to the director within 60 days of the
effective date of this Regulation.'' The existing subsequent sentence
requires ``any other source'' required to have a malfunction abatement
plan to submit that plan within six months of the Director's
requirement to do so, whereas the revised provision states that ``any
source'' required to have a malfunction abatement plan must submit that
plan within six months of the Director's requirement to do so. Because
SIP-approved Rule 2.0535(d) requires all electric utility boiler units
to have an approved malfunction abatement plan and the change to Rule
2.0535(d) in the October 25, 2023, SIP revision now also requires the
submission of malfunction abatement plans within 60 days of receipt of
the Director's request for sources other than electric utility boilers,
the six-month submission deadline in Rule 2.0535(e) would now apply to
electric utility boilers only. The six-month deadline for electric
utility boilers by which malfunction abatement plans must be submitted,
by replacing the obsolete timeframe based on the effective date of the
rule with a specific timeframe for sources constructed after the
effective date of the rule, would not interfere with any applicable
requirement concerning attainment of the NAAQS or any other applicable
requirement of the Act.
At Rule 2.0535(e), the timeframe within which amendments can be
submitted to remedy malfunction abatement plan deficiencies is also
revised. The revised provision states that, if a malfunction abatement
plan does not carry out objectives described in Rule 2.0535(d) and is
therefore disapproved, an amendment that corrects the deficiencies
identified must be submitted ``within 30 days of receipt of the
Director's notification of disapproval,'' whereas the existing
provision requires a satisfactory amendment to be submitted ``within a
period of time prescribed by the director.'' The revised timeframe
within which amendments can be submitted to remedy malfunction
abatement plan deficiencies, due to the increased enforceability of the
specific timeframe compared to the former, uncertain one, would not
interfere with any applicable requirement concerning attainment of the
NAAQS or any other applicable requirement of the Act. For these
reasons, EPA proposes to approve the changes to Rules 2.0535(d) and
(e).
4. MCAPCO 2.0535(f)
The changes to Rule 2.0535(f) in the October 25, 2023, SIP revision
revise and update certain notification and source testing requirements.
These changes are comparable to the changes to North Carolina's 15A
NCAC 02D .0535(f) as described in Section II.B.4, above. Rule
2.0535(f)(1) is revised to update a malfunction notification
requirement. The revised provision states that, if excess emissions
lasting more than four hours resulting from ``a malfunction, a
breakdown of process or control equipment or any other abnormal
conditions'' occur, the source owner or operator, after becoming aware
of the occurrence, must notify a local official on the air agency's
next business day by 9:00 a.m. (Eastern Time), whereas the existing
provision requires the owner or operator to notify a local official
``within 24 hours.'' EPA proposes to approve the change to Rule
2.0535(f)(1) because, as discussed in Section II.B.4, it would not
interfere with any applicable requirement concerning attainment of the
NAAQS or any other applicable requirement of the Act.
Rule 2.0535(f)(2) is revised to update a corrective-measures
notification requirement. The revised provision states that, ``after''
measures correcting excess emissions as described in prefatory text at
paragraph (f) have been accomplished, the source owner or operator must
notify a local official, whereas the existing provision requires the
owner or operator to notify a local official ``immediately when . . .
corrective measures have been accomplished.'' The reported information
in Rule 2.0535(f) regarding excess emissions remains unchanged. EPA
proposes to approve the change to Rule 2.0535(f)(2) because it would
not interfere with any applicable requirement concerning attainment of
the NAAQS or any other applicable requirement of the Act as it does not
impact the timing of the corrective action, the information required to
be reported in paragraph (f), or the need to report completion of
corrective action.
Rule 2.0535(f) is also revised to update a cross-reference to
source testing requirements. In the final sentence of Rule 2.0535(f),
the revised provision directs any source owner or operator required to
demonstrate compliance to test the source in accordance with Section
2.2600, whereas the existing provision requires source testing in
accordance with Rule 2.0501, which in turn, requires the owner or
operator of any subject source or control equipment to use the source
[[Page 39345]]
testing procedures of Section 2.2600 to demonstrate compliance with
Section 2.0500 if required to do so.\25\ EPA proposes to approve this
change to Rule 2.0535(f) because the updated source testing
requirements cross-reference simply clarifies testing requirements to
which certain sources may be subject. For these reasons, EPA proposes
to approve the changes to Rule 2.0535(f).
---------------------------------------------------------------------------
\25\ See the final sentence of Rule 2.0501.
---------------------------------------------------------------------------
IV. Proposed Actions
Under the CAA, the Administrator is required to approve SIP
submissions that comply with the provisions of the CAA and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). EPA is
proposing to approve North Carolina's October 27, 2023, SIP revision
requesting changes to Title 15A of the North Carolina Administrative
Code Subchapter 02D, Section .0500, Rule.0535, Excess Emissions
Reporting and Malfunctions and incorporate those changes into the North
Carolina SIP. Specifically, EPA is proposing to remove Rules 02D
.0535(c) and (g) from the North Carolina SIP and to approve the
remaining changes to Rule 02D .0535 into the North Carolina SIP.
EPA is also proposing to approve Mecklenburg County's October 25,
2023, SIP revision requesting changes to Mecklenburg County Air
Pollution Control Ordinance Article 2.0000, Section 2.0500, Rule
2.0535, Malfunctions, Start-Up and Shut-Down, except for the changes to
Rule 2.0535(a)(1), and incorporate those changes into the Mecklenburg
County portion of the North Carolina SIP. Specifically, EPA is
proposing to remove Rule 2.0535(c) from the Mecklenburg County portion
of the North Carolina SIP and to approve the remaining changes to Rule
2.0535 into the Mecklenburg County portion of the North Carolina SIP,
with the exceptions of the October 19, 2021, locally effective version
of paragraph (a)(1), which EPA is not proposing to act on at this time,
and new paragraph (g). EPA is proposing to approve these SIP revisions
for the reasons discussed in Sections II and III.
V. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in Sections I, II,
and IV of this preamble, EPA is proposing to incorporate by reference
Title 15A of the North Carolina Administrative Code Subchapter 02D,
Section .0500, Rule .0535, Excess Emissions Reporting and Malfunctions,
state effective November 1, 2020, except for paragraphs (c) and
(g).\26\ Also, in accordance with requirements of 1 CFR 51.5, and as
discussed in Sections I, III, and IV of this preamble, EPA is proposing
to incorporate by reference Mecklenburg County Air Pollution Control
Ordinance Article 2.0000, Section 2.0500, Rule 2.0535, Excess Emissions
Reporting and Malfunctions,\27\ locally effective October 19, 2021,
except for paragraphs (a)(1), (c), and (g).\28\ 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).
---------------------------------------------------------------------------
\26\ If EPA takes final action to approve the October 27, 2023,
SIP revision, Rule 02D .0535(c) and (g) would not be included in the
North Carolina SIP, and the Agency would update the SIP table at 40
CFR 52.1770(c) to reflect this.
\27\ If EPA takes final action to approve the October 25, 2023,
SIP revision, the Rule 2.0535 title would change from Malfunctions,
Start-Up and Shut-Down to Excess Emissions Reporting and
Malfunctions, and the Agency would update the SIP table at 40 CFR
52.1770(c) to reflect this.
\28\ If EPA takes final action to approve the October 25, 2023,
SIP revision, Rule 2.0535(c) and (g) and the October 19, 2021,
locally effective version of Rule 2.0535(a)(1) would not be included
in the Mecklenburg County portion of the North Carolina SIP, and the
Agency would update the SIP table at 40 CFR 52.1770(c) to reflect
this. The SIP would retain the version of Rule 2.0535(a)(1) that was
locally effective on April 3, 1989.
---------------------------------------------------------------------------
VI. 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, these
proposed actions merely propose to approve state law as meeting Federal
requirements and do not impose additional requirements beyond those
imposed by state law. For that reason, these proposed actions:
<bullet> Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Are not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Are 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> Do 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> Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Are not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because they approve a state program;
<bullet> Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Are 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).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 6, 2025.
Kevin McOmber,
Regional Administrator, Region 4.
[FR Doc. 2025-15557 Filed 8-14-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 15, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.