Rule2025-19225
Air Plan Approval; North Carolina; Revisions to Regulations for Sulfur Dioxide Emissions From Combustion Sources
Primary source
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Published
October 2, 2025
Effective
November 3, 2025
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 Environmental Quality (NCDEQ), Division of Air Quality on November 28, 2023, for the purpose of revising regulations that establish sulfur dioxide (SO<INF>2</INF>) emission limits and compliance parameters for SO<INF>2</INF>-emitting combustion sources in the State. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act) and EPA regulations.
Full Text
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<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
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[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Rules and Regulations]
[Pages 47610-47612]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19225]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0163; FRL-12823-02-R4]
Air Plan Approval; North Carolina; Revisions to Regulations for
Sulfur Dioxide Emissions From Combustion Sources
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 Environmental Quality (NCDEQ), Division of Air Quality on
November 28, 2023, for the purpose of revising regulations that
establish sulfur dioxide (SO<INF>2</INF>) emission limits and
compliance parameters for SO<INF>2</INF>-emitting combustion sources in
the State. EPA is approving these changes pursuant to the Clean Air Act
(CAA or Act) and EPA regulations.
DATES: This rule is effective November 3, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2024-0163. All documents in the docket
are listed on the <a href="http://regulations.gov">regulations.gov</a> website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Matthew Bloemer, Multi Air Pollutant
Coordination Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9653. Mr. Bloemer can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#fcbe90939991998ed2b19d888894998bbc998c9dd29b938a"><span class="__cf_email__" data-cfemail="20624c4f454d45520e6d415454484557604550410e474f56">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. This Action
EPA is approving a SIP revision submitted by the NCDEQ, on November
28, 2023, that revises Rule 15A North Carolina Administrative Code
(NCAC) 02D .0516, Sulfur Dioxide Emissions from Combustion Sources.
Rule 02D .0516 requires sources emitting SO<INF>2</INF> through
combustion and discharging through a vent, stack, or chimney to comply
with an emission standard of 2.3 pounds per million British thermal
unit (lbs/MMBtu). The Rule also provides criteria for how affected
sources should determine compliance with the emission standard. North
Carolina's November 28, 2023, SIP revision seeks to modify the Rule 02D
.0516 applicability criteria respecting control devices and the
provisions for determining compliance with the SO<INF>2</INF> emission
standard. More specifically, the SIP revision seeks to provide clarity
and consistency with North Carolina's position that the use of
supplemental fuels in combustion units beyond what is needed for proper
operation is not a means for compliance with the SO<INF>2</INF>
emission standard at Rule 02D .0516.
II. Background
Through a notice of proposed rulemaking (NPRM) published on August
14, 2025, (90 FR 39142), EPA
[[Page 47611]]
proposed to approve North Carolina's November 28, 2023, SIP revision,
changing Rule 02D .0516 to provide clarity and consistency with the
State's position that the use of supplemental fuels in combustion units
beyond what is needed for proper operation is not a means for
compliance with the 2.3 lbs/MMBtu SO<INF>2</INF> emission standard at
Rule 02D .0516. The details of the North Carolina's submission and the
rationale for EPA approving these changes are explained in the August
14, 2025, NPRM. Comments on the August 14, 2025, NPRM were due on or
before September 15, 2025. EPA received three comments on the action:
two in support and one potentially adverse. The comments are posted to
the docket for this rulemaking. EPA summarizes and responds to the
potentially adverse comment below.
III. Response to Comments
EPA addresses the potentially adverse comment below.
The commenter poses questions to EPA about EPA's proposed action.
First, the commenter asks whether the SIP revision ``meaningfully
aligns with the latest climate science and the National Climate
Assessment's projections for the Southeast, particularly regarding
cumulative ozone and particulate matter exposures under increasing heat
and wildfire events.'' This comment is not relevant to this action on
the North Carolina SIP. North Carolina's Rule 02D .0516 does not relate
to wildfires, and the commenter does not provide any specificity about
how their concerns with cumulative ozone and particulate matter in the
Southeast relate to this SIP revision. As noted in the August 14, 2025,
notice of proposed rulemaking (NPRM), the changes to North Carolina's
SIP clarify and add to the existing emission limits and requirements
regulating SO<INF>2</INF> from fuel combustion sources, so there are no
increases in emissions as a result of this change.
Next, the commenter asks ``[g]iven that environmental justice
communities in the region often face disproportionate cumulative
pollution burdens,'' whether EPA will ``require quantifiable
distributional impact analysis to ensure the SIP does not perpetuate or
exacerbate inequities in air quality outcomes.'' This comment is not
relevant to this action on the North Carolina SIP. No emissions will
increase as a result of the changes to the SIP, and the commenter does
not provide any information to indicate that there are any
``inequalities in air quality outcomes'' as a result of North
Carolina's changes to Rule 02D .0516.
The commenter goes on to ask how ``the proposed revision [will]
ensure enforceable emissions reductions from both stationary and mobile
sources, with provisions to prevent backsliding if industrial activity
increases or if economic growth outpaces existing control measures.''
First, Rule 02D .0516 does not regulate mobile sources. Nor does the
commenter provide any information to indicate that the SIP revision
does not provide for enforceable emission reductions from stationary
sources. As explained in the August 14, 2025, NPRM, the approved SIP
regulates SO<INF>2</INF> emissions from fuel combustion sources, and
the SIP revision would help to provide clarity and consistency with the
State's position that the use of supplemental fuel beyond what is
needed for proper operation of a combustion unit is not a means for
determining compliance with the SO<INF>2</INF> emission limit.
The commenter then asks whether EPA has ``considered co-benefits of
integrating stricter SIP measures with climate mitigation strategies--
such as accelerating electrification of transport and industrial
processes--to improve both public health and greenhouse gas
reductions.'' This comment is not relevant to this action on the North
Carolina SIP.
Next, the commenter asks ``[w]hat mechanisms will be in place to
guarantee transparent, publicly accessible monitoring data,
particularly in rural and low-income areas where regulatory air quality
sensors are sparse, but health vulnerabilities are often high.'' This
comment is not relevant to this action on the North Carolina SIP.
Generally, state and local air agencies are required to maintain an
ambient air monitoring network consistent with regulations in 40 CFR
part 58, and the state and local agencies go through a public
participation process in establishing their federally approved
monitoring networks.
The commenter then asks whether the SIP revision will ``include
adaptive management protocols to quickly respond to emerging air
pollution sources, such as industrial expansions, port traffic
increases, or climate-exacerbated wildfire smoke transport, without
requiring multi-year procedural delays.'' This comment is not relevant
to the changes being made to North Carolina's SIP.
Finally, the commenter asks whether ``[c]onsidering the economic
costs of air pollution-related health impacts'' the ``cost-benefit
analysis incorporated updated public health valuation methods that
capture the full societal benefits of stronger controls, especially for
children, seniors, and outdoor workers.'' This comment is not relevant
to this action on the North Carolina SIP. There is no such cost-benefit
analysis in the August 15, 2025, NPRM, and as noted therein, and above
in this action, the changes to Rule 02D .0516 will not result in
emissions increases.
IV. 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 Sections I and II of this preamble, EPA is
finalizing the incorporation by reference of North Carolina Rule 15A
NCAC 02D .0516, Sulfur Dioxide Emissions from Combustion Sources, state
effective June 1, 2023. 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.\1\
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\1\ See 62 FR 27968 (May 22, 1997).
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V. Final Action
EPA is approving North Carolina's November 28, 2023, SIP revision
consisting of changes to Rule 15A NCAC 02D .0516, Sulfur Dioxide
Emissions from Combustion Sources, state effective June 1, 2023, for
the reasons discussed above.
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, 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
[[Page 47612]]
Executive Order 12866 (58 FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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).
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 1, 2025. 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: September 22, 2025.
Kevin McOmber,
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)(1), amend the table ``EPA-
Approved North Carolina Regulations'' by revising the entry for ``Rule
.0516'' 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 .0516.................... Sulfur Dioxide 6/1/2023 10/2/2025, 90 FR
Emissions from [Insert Federal
Combustion Sources. Register page where
the document begins].
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[FR Doc. 2025-19225 Filed 10-1-25; 8:45 am]
BILLING CODE 6560-50-P
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