[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45827-45830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19603]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0501; FRL-9983-43-Region 4]


Air Plan Approval; North Carolina: New Source Review for Fine 
Particulate Matter (PM2.5)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to the North Carolina State Implementation Plan (SIP), submitted by the 
North Carolina Department of Environmental Quality (NC DEQ) through the 
Division of Air Quality, to EPA through a letter dated October 17, 
2017. This SIP submittal modifies North Carolina's Prevention of 
Significant Deterioration (PSD) regulations and includes the adoption 
of specific federal provisions needed to meet the New Source Review 
(NSR) permitting program requirements for the fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS). In 
addition, North Carolina's October 17, 2017, SIP submittal addresses 
portions of the PSD requirements for the infrastructure SIPs for the 
following NAAQS: 1997 Annual and 24-hour PM2.5; 2006 24-hour 
PM2.5; 2008 lead; 2008 8-hour ozone; 2010 sulfur dioxide 
(SO2); 2010 nitrogen dioxide (NO2); and 2012 
Annual PM2.5. As a result of this approval of North 
Carolina's modified PSD regulations, EPA is also approving North 
Carolina's submittal with respect to the related PSD infrastructure SIP 
requirements for these NAAQS. In addition, these approvals remove EPA's 
obligation to promulgate a Federal Implementation Plan (FIP) to meet 
the relevant Clean Air Act (CAA or Act) requirements.

DATES: This rule is effective October 11, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0501. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not 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

[[Page 45828]]

available either electronically through www.regulations.gov or in hard 
copy at the 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. 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: Joel Huey of the 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. Huey can be reached by telephone at 
(404) 562-9104 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In an action published on June 21, 2018 (83 FR 28789), EPA proposed 
to approve changes to the North Carolina SIP, submitted by the NC DEQ 
to EPA through a letter dated October 17, 2017.\1\ The details of North 
Carolina's submittal and the rationale for EPA's actions are explained 
in the proposal notice and briefly summarized below. EPA did not 
receive any adverse comments on the proposed action.
---------------------------------------------------------------------------

    \1\ EPA notes that the Agency may not have received this 
submittal on the date of the State's letter.
---------------------------------------------------------------------------

    EPA is approving two actions with regard to North Carolina's SIP 
submittal updating the State's PSD regulations found at 15A North 
Carolina Administrative Code (NCAC) 02D .0530. First, EPA is approving 
North Carolina's October 17, 2017, SIP submittal with regard to changes 
to the State's regulation at 15A NCAC 02D .0530 because EPA has 
determined that the State's changes fully meet the requirements of 
EPA's rulemaking, ``Prevention of Significant Deterioration (PSD) for 
Particulate Matter Less Than 2.5 Micrometers (PM2.5)--
Increments, Significant Impact Levels (SILs) and Significant Monitoring 
Concentration (SMC),'' Final Rule, 75 FR 64864 (October 20, 2010) 
(hereafter referred to as the ``2010 PSD PM2.5 Rule''). 
Second, as a result of the approval of North Carolina's October 17, 
2017, SIP submittal for these PSD requirements, EPA is approving this 
submittal for portions of the infrastructure SIP PSD elements for the 
following NAAQS: 1997 Annual and 24-hour PM2.5; 2006 24-hour 
PM2.5; 2008 lead; 2008 8-hour ozone; 2010 SO2; 
2010 NO2; and 2012 Annual PM2.5.2 3
---------------------------------------------------------------------------

    \2\ North Carolina's October 17, 2017, SIP submittal requested 
approval of the PSD infrastructure SIPs for the 2008 lead, 2008 8-
hour ozone, 2010 SO2, 2010 NO2 and the 2012 
PM2.5 NAAQS. On April 16, 2018, the State submitted a 
letter to EPA clarifying that the same submittal is intended to 
satisfy the PSD elements of the State's infrastructure SIP 
submittals for the 1997 and 2006 PM2.5 NAAQS as well.
    \3\ The background for various NAAQS is provided in EPA's 
proposed and final rulemaking entitled ``Air Plan Approval and 
Disapproval; North Carolina: New Source Review for Fine Particulate 
Matter (PM2.5).'' See 81 FR 28797 (May 10, 2016) and 81 
FR 63107 (September 14, 2016).
---------------------------------------------------------------------------

A. Requirements of the 2010 PSD PM2.5 Rule for PSD SIP 
Programs

    North Carolina's October 17, 2017, SIP submittal adopts changes in 
the State's PSD permitting program at 15A NCAC 02D .0530 by 
incorporating by reference EPA's PSD regulations as of July 1, 2014. 
This incorporation by reference includes the federally-required 
provisions of EPA's 2010 PSD PM2.5 Rule needed to implement 
the PSD PM2.5 program in North Carolina. Adopting the 
federal rule as of July 1, 2014, has the effect of adding to the North 
Carolina SIP the required definitions of ``major source baseline 
date,'' ``minor source baseline date,'' and ``baseline area'' that were 
lacking in the State's previous PM2.5 submittals. This 
incorporation by reference as of July 1, 2014, also captures EPA's 
October 25, 2012 (77 FR 65107), amendment to the definition of 
``regulated NSR pollutant'' concerning condensable particulate matter. 
North Carolina's incorporation by reference of EPA's PSD regulations as 
of July 1, 2014, is not only consistent with the current federal rule, 
but it also will not interfere with North Carolina's efforts to prevent 
significant deterioration of air quality and to attain and maintain 
compliance with the PM2.5 NAAQS.

B. Requirements for Infrastructure SIPs

    Because North Carolina's October 17, 2017, SIP submittal addresses 
certain NSR/PSD requirements, it thereby meets the related 
infrastructure SIP requirements of section 110(a)(2)(C), 
110(a)(2)(D)(i)(II) and 110(a)(2)(J). As finalized, North Carolina's 
SIP includes a complete PSD program that addresses all structural PSD 
requirements due under the CAA and EPA regulations. Therefore, because 
EPA is approving North Carolina's SIP revisions for the PSD program, it 
is also approving the October 17, 2017, submittal for the PSD 
infrastructure SIP requirements of sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), and 110(a)(2)(J) for the 2008 lead NAAQS, 2008 
ozone NAAQS, 2010 SO2 NAAQS, 2010 NO2 NAAQS, and 
1997, 2006 and 2012 PM2.5 NAAQS.\4\
---------------------------------------------------------------------------

    \4\ EPA has already approved or will consider in separate 
actions all other elements from North Carolina infrastructure SIP 
submissions related to the 2008 lead, 2008 8-hour ozone, 2010 
NO2, 2010 SO2 NAAQS, and 1997, 2006 and 2012 
PM2.5 NAAQS.
---------------------------------------------------------------------------

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 North 
Carolina's regulations 15A NCAC 02D .0530, entitled ``Prevention of 
Significant Deterioration,'' which modify the NSR permitting 
regulations, effective September 1, 2017. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 Office (please contact the 
person identified in the ``For Further Information Contact'' section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\5\
---------------------------------------------------------------------------

    \5\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Actions

    EPA is approving changes to the North Carolina SIP, provided by the 
NC DEQ, to EPA through a letter dated October 17, 2017. Specifically, 
EPA is approving changes to North Carolina's NSR permitting regulations 
codified at 15A 02D .0530--Prevention of Significant Deterioration, 
which relate to the requirements to comply with EPA's 2010 PSD 
PM2.5 Rule. EPA also notes that North Carolina's 
incorporation by reference of EPA's PSD regulations as of July 1, 2014, 
includes EPA's amendment to the definition of ``regulated NSR 
pollutant'' concerning condensable PM promulgated on October 25, 2012. 
EPA is approving the version of 15A NCAC 02D .0530 (PSD) that became 
effective in the State on September 1, 2017, which will be incorporated 
into North Carolina's SIP. As a result of this approval, EPA is also 
approving portions of the PSD elements of North Carolina's 
infrastructure SIP submittals (i.e., CAA sections

[[Page 45829]]

110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J)) for the 1997 
Annual and 24-hour PM2.5, 2006 24-hour PM2.5, 
2008 lead, 2008 8-hour ozone, 2010 SO2, 2010 NO2 
and the 2012 Annual PM2.5 NAAQS. This final action removes 
EPA's obligation under section 110(c) to promulgate a FIP to address 
the PM2.5 increments requirements of EPA's 2010 PSD 
PM2.5 Rule PSD and the related PSD elements for the above 
listed infrastructure SIPs.

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. These actions merely 
approve state law as meeting Federal requirements and do not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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);
     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.
    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 November 13, 2018. 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, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.


    Dated: August 28, 2018.
Onis ``Trey'' Glenn, III,
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. Section 52.1770(c) Table 1 is amended under Subchapter 2D, Section 
.0500 by revising the entry for ``Sect .0530'' to read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation               Title/subject       effective date     EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect .0530.....................  Prevention of                  9/1/2017  9/11/2018, [Insert      ..............
                                  Significant                              citation of
                                  Deterioration.                           publication in
                                                                           Federal Register].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 45830]]

* * * * *

0
3. Section 52.1770(e), is amended by adding entries for ``110(a)(1) and 
(2) Infrastructure Requirements for 1997 Fine Particulate Matter 
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for 2006 Fine 
Particulate Matter NAAQS'', ``110(a)(1) and (2) Infrastructure 
Requirements for the 2008 Lead NAAQS'', ``110(a)(1) and (2) 
Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS'', 
``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour 
NO2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements 
for the 2010 1-hour SO2 NAAQS'', and ``110(a)(1) and (2) 
Infrastructure Requirements for the 2012 Annual PM2.5 
NAAQS'' at the end of the table to read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        State       EPA approval     Federal Register
            Provision              effective date       date             citation              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure         4/1/2008       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for 1997 Fine                                         publication in       elements of sections
 Particulate Matter NAAQS.                                          Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        9/21/2009       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for 2006 Fine                                         publication in       elements of sections
 Particulate Matter NAAQS.                                          Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        6/15/2012       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2008 Lead                                     publication in       elements of sections
 NAAQS.                                                             Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        11/2/2012       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2008 8-Hour                                   publication in       elements of sections
 Ozone NAAQS.                                                       Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        8/23/2013       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2010 1-hour                                   publication in       elements of sections
 NO2 NAAQS.                                                         Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        3/18/2014       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2010 1-hour                                   publication in       elements of sections
 SO2 NAAQS.                                                         Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        12/4/2015       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2012 Annual                                   publication in       elements of sections
 PM2.5 NAAQS.                                                       Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-19603 Filed 9-10-18; 8:45 am]
 BILLING CODE 6560-50-P