[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Proposed Rules]
[Pages 31739-31741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14397]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0362; FRL-9964-66-Region 4]


Air Plan Approval; North Carolina Miscellaneous Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve several changes to the North Carolina State Implementation Plan 
(SIP) submitted by the State of North Carolina, through the North 
Carolina Department of Environmental Quality (NCDEQ), on December 14, 
2004 and March 1, 2016. The March 1, 2016, submission adds a new rule 
to the ``Exclusionary Rules'' of the North Carolina SIP, and the 
portion of the December 14, 2004, submission EPA is proposing to 
approve adds two new rules under a new section called ``Permit 
Exemptions.'' This action is being taken pursuant to the Clean Air Act 
(CAA or Act).

DATES: Comments must be received on or before August 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0362 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Analysis of the State Submittals

    On December 14, 2004 and March 1, 2016, the State of North 
Carolina, through NCDEQ, submitted revisions to the North Carolina SIP. 
EPA is proposing to approve the March 1, 2016, submission which adds a 
new rule--15A NCAC 02Q .0809 Concrete Batch Plants and a portion of the 
December 14, 2004, submission which adds two new rules--15A NCAC 02Q 
.0901, Purpose and Scope and .0902 Portable Crushers. EPA has 
preliminarily determined that these changes to the North Carolina SIP 
are approvable pursuant to section 110 of the CAA. The changes that are 
the subject of this proposed rulemaking are described in further detail 
below.

A. March 1, 2016, SIP Submission

    The March 1, 2016, submission adds a new exclusionary rule for 
concrete batch plants (15A NCAC 02Q .0809 Concrete Batch Plants) that 
excludes from Title V permitting requirements such facilities that 
operate below a specified annual production rate. The production rate 
that qualifies concrete batch plants for this permit exclusion is 
1,210,000 cubic yards of wet concrete per year, which, based on an 
emission factor, corresponds to an emission rate below the major source 
threshold. Subject facilities are required to submit an annual 
registration to the appropriate regional office and report the quantity 
of wet concrete produced in the previous calendar year and maintain 
records of annual production for the previous three calendar years. 
This annual certification that the facility's production rate is below 
the specified level ensures continued protection of the NAAQS, 
specifically particulate matter, which is of particular relevance 
because concrete batch plants emit particulate matter, including 
particulate matter with an aerodynamic diameter less than 10 
micrometers (PM10) and less than 2.5 micrometers 
(PM2.5). These excluded sources must also make prompt 
reports if they exceed the annual production rate limit, submitted 
within one week of the date on which the limit was exceeded.
    The rule excludes from Title V permitting requirements all concrete 
batch plants in the state that produce

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less than 1.2 million cubic yards of wet concrete per calendar year and 
that are equipped with fabric filters or other functionally equivalent 
control devices to abate emissions of particulate matter, 
PM10 and PM2.5, from storage silos and weigh 
hoppers that receive materials from cement and mineral admixture silos. 
The annual production limit of 1.2 million cubic yards of wet concrete 
is designed to limit particulate matter emissions from plants equipped 
with fabric filters to less than the Title V permitting thresholds and 
is based on standard emission factors in use at the time of rule 
adoption.\1\
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    \1\ North Carolina cites EPA's AP-42 (U.S. EPA Office of Air 
Quality Planning and Standards, Compilation of Air Pollutant 
Emission Factors, Volume I: Stationary Point and Area Sources, AP-
42. Fifth Edition) in its response to comments from the December 14, 
2004, submittal included as an attachment to the March 1, 2016, 
submittal.
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B. December 14, 2004, SIP Submission

    The portion of the December 14, 2004, SIP submission that EPA is 
proposing to approve adds a new section (Section .0900 Permit 
Exemptions), which includes the following two new regulations:
    a. 15A NCAC 02Q .0901 Purpose and Scope is a new exclusionary rule 
which provides for exclusions from construction and operating permits 
for certain types of sources and activities. Sources subject to Title V 
permitting requirements are not eligible for exclusion under this rule. 
Sources eligible for permit exclusions under this rule may still apply 
for and receive construction and operating permits. At the time of this 
submittal, only one source category would be eligible for exclusion 
from permitting under Section .0900, if approved as proposed: Portable 
Crushers. The rule excludes from general construction and operating 
permitting requirements all specific listed sources that, due to the 
temporary, portable, and/or low-emitting nature of their operations, 
typically do not meet the applicability requirements for air permits, 
so long as they meet the requirements for the exclusion. These source-
specific exclusions contain provisions that limit the sources' 
potential emissions, such as constraints on operating hours and fuel 
consumption. The exclusions' use of operational or production-based 
limits instead of potential-emissions limits would streamline sources' 
analyses of whether or not they are required to obtain a permit.
    b. 15A NCAC 02Q .0902 Portable Crushers, is an exclusionary rule 
which provides for exclusions from construction and operating permits 
for portable crusher operations that meet the following criteria:
    [cir] No more than 300,000 tons of material crushed per any 12-
month period;
    [cir] No more than 17,000 gallons of diesel fuel burned during any 
12 months (for both diesel generators and diesel engines used to drive 
crushers);
    [cir] No more than 12 months of operation at a particular site;
    [cir] Continuous use of water spray to control emissions from the 
crushers.
    Portable crushers operating at quarries with air permits are not 
eligible for this permit exclusion.
    The rule excludes from general construction and operating 
permitting requirements portable/temporary crushing operations, 
providing the eligibility criteria listed above are met. The 
eligibility criteria are designed to ensure that these portable 
crushing operations do not operate for more than 12 months at a site. 
Records of production and fuel consumption must be maintained, and all 
equipment at each site must be labeled with unique identification 
numbers. The eligibility criteria are also based on corresponding 
emission rates and are thus designed to ensure that potential emissions 
of particulate matter (including PM10 and PM2.5), 
sulfur dioxide, and oxides of nitrogen from these sources are below 
relevant permit applicability thresholds. Therefore, the revision will 
not interfere with attainment and maintenance of the NAAQS pursuant to 
CAA section 110(l).
    Crushing operations eligible for this permitting exclusion must 
still comply with all applicable air quality standards, such as Rule 
.0510 Particulates from Sand, Gravel, or Crushed Stone Operations, 
.0516 Sulfur Dioxide Emissions from Combustion Sources, and .0521 
Control of Visible Emissions, and any New Source Performance Standard, 
among other state and federal air quality standards.

II. Incorporation by Reference

    In this rule, 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, EPA is proposing to incorporate by 
reference 15A NCAC 02Q .0809 entitled ``Concrete Batch Plants'' 
effective April 1, 2004, a new exclusionary rule for concrete batch 
that excludes from Title V permitting requirements such facilities that 
operate below a specified annual production rate; 15A NCAC 02Q .0901 
entitled ``Purpose and Scope'' effective January 1, 2005, a new 
exclusionary rule which provides for exclusions from construction and 
operating permits for certain types of sources and activities; and 15A 
NCAC 02Q .0902 entitled ``Portable Crushers'' effective January 1, 
2005, an exclusionary rule which provides for exclusions from 
construction and operating permits for portable crusher operations. EPA 
has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and/or at the EPA Region 
4 office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information).

III. Proposed Action

    EPA is proposing to approve North Carolina's March 1, 2016, 
submission and a portion of the December 14, 2004, submission. The 
changes pertain to the addition of two new rules under a new section 
``Permit Exemptions'' and adds a new rule to the ``Exclusionary Rules'' 
of the North Carolina SIP. These rule adoptions do not contravene 
federal permitting requirements or existing EPA policy, nor will they 
impact the NAAQS or interfere with any other applicable requirement of 
the Act. See 42 U.S.C. 7410(l).

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. Accordingly, this 
proposed action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, these proposed action:
     Are 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 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);

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     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 26, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-14397 Filed 7-7-17; 8:45 am]
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