[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Rules and Regulations]
[Pages 32767-32771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14963]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0085; FRL-9965-02-Region 4]


Air Plan Approval; NC; Open Burning and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve several revisions to the North Carolina State 
Implementation Plan (SIP) submitted by the State of North Carolina 
through the North Carolina Department of Environmental Quality 
(formerly the North Carolina Department of Environment and Natural 
Resources (NCDENR)), Division of Air Quality (DAQ), on October 14, 
2004, March 24, 2006, and January 31, 2008. The revisions include 
changes to several regulations and the addition of a new section to the 
Exclusionary Rules of the North Carolina SIP. These revisions are part 
of North Carolina's strategy to meet and maintain the national ambient 
air quality standards (NAAQS). This action is being taken pursuant to 
the Clean Air Act (CAA or Act) and its implementing regulations.

DATES: This direct final rule is effective September 18, 2017 without 
further notice, unless EPA receives adverse comment by August 17, 2017. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0085 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman or Nacosta C. Ward, 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. Mr. Lakeman can be reached via telephone

[[Page 32768]]

at (404) 562-9043 or via electronic mail at [email protected]. Ms. 
Ward can be reached via telephone at (404) 562-9140, or via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Analysis of the State Submittals

    On October 14, 2004, March 24, 2006, and January 31, 2008, the 
State of North Carolina, through NCDENR, submitted revisions to the 
North Carolina SIP. These submissions pertain to revisions adopted by 
the North Carolina Environmental Management Commission (EMC) on March 
11, 2004, November 10, 2005, and July 11, 2007, respectively. Of the 
revisions adopted, EPA is taking direct final action on the changes to 
the following regulations: 15A NCAC Subchapter 2D--Air Pollution 
Control Requirements, Section .0101, Definitions; Section .0103, Copies 
of Referenced Federal Regulations; Section .1901 Purpose, Scope, and 
Impermissible Open Burning Section; .1902, Definitions; Section .1903, 
Permissible Open Burning Without An Air Quality Permit; Section .2001, 
Purpose, Scope, and Applicability; and 15A NCAC Subchapter 2Q--Air 
Quality Permits; Section .0103, Definitions; Section .0105, Copies of 
Referenced Documents; Section .0304, Applications; Section .0305, 
Application Submittal Content; Section .0806, Cotton Gins; Section 
.0808, Peaking Shaving Generators; and Section .0810, Air Curtain 
Burners. These changes are a part of North Carolina's strategy to 
attain and maintain the NAAQS and are approvable into the North 
Carolina SIP pursuant to section 110 of the CAA. EPA is not taking 
action on revisions to 15A NCAC Subchapter 2D--Air Pollution Control 
Requirements, Section .1201, Purpose and Scope, submitted on January 
31, 2008, because this rule pertains to incinerators and addresses 
emission guidelines under CAA sections 111(d) and 129 and 40 CFR part 
60; it is not a part of the federally-approved SIP. EPA will take 
separate action on 15A NCAC Subchapter 2D--Air Pollution Control 
Requirements, Section .1904, Air Curtain Burners.
    The changes that are the subject of this direct final rulemaking 
include an addition to the SIP of a new exclusionary rule for air 
curtain burners, amendments to existing definitions and additions of 
new definitions, amendments to open burning rules to account for new 
nonattainment areas, amendments to permitting rules to make them 
consistent with recent statutory changes, as well as modifications to 
other rules for clarifications, updates, and corrections. Detailed 
descriptions of the changes are below:
    1. Regulation 15A NCAC 2D, Section .0101, Definitions and 2Q .0103, 
Definitions, as adopted by the EMC on March 11, 2004, and November 10, 
2005:
     A definition of ``administrator'' is added and contains 
two exceptions to whom it is referencing. The exceptions are for 
certain rules to specify who the administrator is for that rule and 
when EPA's delegation or approval specifically states that EPA's 
authority is retained by the EPA Administrator and that authority is 
not included in the delegation or approval. The definitions have been 
renumbered to reflect this addition.
     2D, Section .0101 is amended to include the definition of 
fine particulate matter ``PM2.5''.
     2Q, Section .0103 is also amended to change the definition 
of ``construction'' to exclude construction for permitting purposes in 
order to incorporate the activities defined by North Carolina statutes. 
Those activities defined in this change are clearing and grading; 
building access roads, driveways, and specified parking lots, building 
and installing underground pipe work; or the building of ancillary 
structures.
    2. Regulations 15A NCAC 2D, Section .0103, Copies of Referenced 
Federal Regulations and 2Q, Section .0105, Copies of Referenced 
Documents, as adopted by the EMC on November 10, 2005, are amended to 
update the addresses of regional offices.
    3. Regulation 15A NCAC 2D, Section .1901, Purpose, Scope, and 
Permissible Open Burning, as adopted by the EMC on March 11, 2004, and 
July 11, 2007 (which revised some of the March 11, 2004, changes), is 
amended to revise the purpose of the section to include the protection 
of air quality in the immediate area of open burning and revise the 
definition of open burning. Additionally, this rule title has also been 
changed to Open Burning: Purpose: Scope.
    4. Regulation 15A NCAC 2D Sections .1902, Definitions and .1903, 
Permissible Open Burning Without an Air Quality Permit, as adopted by 
the EMC on March 11, 2004, November 10, 2005, and July 11, 2007:
     These rules are amended to account for new nonattainment 
and forecast areas and to include forecasts for PM2.5.
    [cir] In Section .1902, definitions of ``initiated,'' 
``nonattainment area,'' ``off-site,'' ``air quality action day code 
`orange' or above,'' ``air quality action day,'' ``smoke management 
plan,'' ``pile,'' and ``permanent site'' have been added.
    [cir] In Sections .1902 and .1903, the definition of ``ozone 
forecast area'' is replaced by ``air quality forecast area.''
    [cir] In Section .1903, the definition of ``ozone action day'' is 
replaced by ``air quality action day.''
    [cir] Other Amendments under Section .1902:
     New forecast areas are added under the new definition 
``air quality forecast area.''
    [cir] Other Amendments under Section .1903:
    This section is amended to:
     Give the regional office supervisor the discretion to 
allow or disallow such burning of land clearing debris within less than 
1000 feet from a dwelling;
     remove the regional office supervisor's ability to allow 
fires to be initiated between 6 p.m. and 8 a.m. under favorable 
meteorological conditions; and
     allow fires purposely set for the instruction and training 
of personnel at permanent fire-fighting training facilities.
     The title of this section has been changed to Open Burning 
Without an Air Quality Permit.
     This section has also been reorganized to read more 
logically.
    5. Regulation 15A NCAC 2D, Section .2001, Purpose, Scope and 
Applicability, as adopted by the EMC on November 10, 2005, is amended 
to clarify the applicability of the transportation conformity rules, 
which apply to areas identified as nonattainment or maintenance as 
determined by EPA in the Code of Federal Regulations or to areas listed 
in this rule.
    6. Regulation 15A NCAC 2Q, Sections .0304, Applications, and .0305, 
Application Submittal Content, as adopted by the EMC on November 10, 
2005, are amended to make the emissions inventory an integral part of 
the permit application package. As a result, a permittee must submit an 
emission inventory along with a request for permit renewal.
    7. Regulation 15A NCAC 2Q, Section .0806, Cotton Gins, as adopted 
by the EMC on March 11, 2004, is amended to change the applicability of 
this rule to include cotton gins that gin cotton year-round instead of 
between September and January only. Paragraphs (c) and (g) of this rule 
are also revised for clarity.
    8. Regulation 15A NCAC 2Q, Section .0808, Peak Shaving Generators, 
as adopted by the EMC on November 10, 2005, is amended to change the 
eligibility standard from one based on energy production to one based 
on fuel

[[Page 32769]]

consumption, which is more readily accessible. This rule excludes from 
Title V permitting requirements a facility's peak shaving generators if 
the generators' annual fuel consumption is below the levels noted in 
the rule. The fuel-consumption standard is designed to ensure that 
potential emissions of NOX are below relevant permit 
applicability thresholds, and the rule imposes reporting and 
certification requirements on facilities claiming the exclusion. 
Therefore, the revision will not interfere with attainment and 
maintenance of the NAAQS pursuant to CAA section 110(l).
    9. Regulation 15A NCAC 2Q, Section .0810, Air Curtain Burners, adds 
a new exclusionary rule for air curtain burners. This rule excludes 
from Title V permitting requirements certain air curtain burners that 
burn less than 8100 tons of land-clearing debris per year. The land-
clearing-debris standard is designed to ensure that potential emissions 
of particulate matter are below relevant permit applicability 
thresholds, and the rule imposes reporting and certification 
requirements on facilities claiming the exclusion. Therefore, the 
revision will not interfere with attainment and maintenance of the 
NAAQS pursuant to CAA section 110(l).

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of 15A NCAC 
Subchapter 2D--Air Pollution Control Requirements, Sect. .0101, 
Definitions; Sect. .0103, Copies of Referenced Federal Regulations; 
Sect. .1404, Recordkeeping: Reporting: Monitoring; Sect. .1901 Open 
Burning: Purpose: Scope; Sect. .1902, Definitions; Sect. .1903, Open 
Burning Without An Air Quality Permit; Sect. .2001, Purpose, Scope, and 
Applicability; and Subchapter 2Q--Air Quality Permits, Sect. .0103, 
Definitions; Sect. .0105, Copies of Referenced Documents; Sect. .0304, 
Applications; Sect. .0305, Application Submittal Content; Sect. .0806, 
Cotton Gins; Sect. .0808, Peaking Shaving Generators, and Sect. .0810, 
Air Curtain Burners.
    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 by the 
Director of the Federal Register in the next update to the SIP 
compilation.\1\ EPA has made, and will continue to make, these 
materials generally available through 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)
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    \1\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the aforementioned revisions to the North Carolina 
SIP submitted by the State of North Carolina on October 14, 2004, March 
24, 2006, and January 31, 2008, pursuant to section 110 because these 
revisions are consistent with the CAA and EPA policy. Changes to the 
other sections in these submissions will be processed in a separate 
action, as appropriate, for approval into the North Carolina SIP. As 
noted above, EPA is not taking action on changes to 15A NCAC Subchapter 
2D--Air Pollution Control Requirements, Section .1201, Purpose and 
Scope, as submitted on January 31, 2008, because this rule pertains to 
incinerators and addresses emission guidelines under CAA sections 
111(d) and 129 and 40 CFR part 60 and is not a part of the federally-
approved SIP.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective September 18, 
2017 without further notice unless the Agency receives adverse comments 
by August 17, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on September 18, 2017 and 
no further action will be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the Agency may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

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 
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:
     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 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible

[[Page 32770]]

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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 September 18, 2017. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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: June 29, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended 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 section 52.1770 (c), Table 1 is amended:
0
a. Under Subchapter 2D--Air Pollution Control Requirements by revising 
entries for ``Sect. .0101,'' ``Sect. .0103,'' ``Sect. .1901,'' ``Sect. 
.1902,'' ``Sect. .1903,'' and ``Sect. .2001;''
0
b. Under Subchapter 2Q--Air Quality Permits by revising entries for 
``Sect. .0103,'' ``Sect. .0105,'' ``Sect. .0304,'' ``Sect. .0305,'' 
``Sect. .0806,'' and ``Sect. .0808;'' and
0
c. Under Subchapter 2Q--Air Quality Permits by adding an entry for, 
``Sect. .0810.''
    The revisions and addition read as follows:


Sec.  52.1770  Identification of plan

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
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                                                        State        EPA approval
        State citation            Title/subject    effective date        date                Explanation
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                                Subchapter 2D--Air Pollution Control Requirements
                                    Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect. .0101...................  Definitions......      11/10/2005  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .0103...................  Copies of              11/10/2005  7/18/2017         ...........................
                                 Referenced                         [Insert Federal
                                 Federal                            Register
                                 Regulations.                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect. 1901....................  Open Burning:           7/11/2007  7/18/2017         ...........................
                                 Purpose: Scope.                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .1902...................  Definitions......       7/11/2007  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .1903...................  Open Burning            7/11/2007  7/18/2017         ...........................
                                 Without A Permit.                  [Insert Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Section .2000 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Sect. .2001...................  Purpose, Scope,        11/10/2005  7/18/2017         ...........................
                                 and                                [Insert Federal
                                 Applicability.                     Register
                                                                    citation].
 

[[Page 32771]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Subchapter 2Q--Air Quality Permits
----------------------------------------------------------------------------------------------------------------
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect. .0103...................  Definitions......      11/10/2005  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
Sect. .0105...................  Copies of              11/10/2005  7/18/2017         ...........................
                                 Referenced                         [Insert Federal
                                 Documents.                         Register
                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect. .0304...................  Applications.....      11/10/2005  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .0305...................  Application            11/10/2005  7/18/2017         ...........................
                                 Submittal                          [Insert Federal
                                 Content.                           Register
                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect. .0806...................  Cotton Gins......       3/11/2004  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
Sect. .0808...................  Peak Shaving           11/10/2005  7/18/2017         ...........................
                                 Generators.                        [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .0810...................  Air Curtain            11/10/2005  7/18/2017         ...........................
                                 Burners.                           [Insert Federal
                                                                    Register
                                                                    citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-14963 Filed 7-17-17; 8:45 am]
BILLING CODE 6560-50-P