[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55335-55338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24179]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0432; FRL-9986-18-Region 4]


Air Plan Approval; North Carolina: NOX Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of a State Implementation Plan (SIP) revision 
submitted by the State of North Carolina, through the North

[[Page 55336]]

Carolina Division of Air Quality (NCDAQ) on June 5, 2017, as 
supplemented on June 28, 2018. This submittal seeks to revise the 
State's SIP-approved rules regarding nitrogen oxides (NOX) 
emissions from large stationary combustion sources. This action is 
being taken pursuant to section 110 of the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before November 26, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0432 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: Jane Spann, 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. Ms. Spann 
can be reached by phone at (404) 562-9029 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 18, 2001, North Carolina submitted a rule section 
regarding the control of NOX emissions from large stationary 
combustion sources to EPA for approval into its SIP.\1\ The rule 
section--NCAC 15A 02D .1400--contained Rules .1401--``Definitions''; 
.1403--``Compliance Schedules''; .1413--``Sources Not Otherwise Listed 
in This Section''; .1414--``Tune-up Requirements''; and .1423--``Large 
Internal Combustion Engines'' as well as other rules not related to 
today's proposed action. The submittal also included a rule entitled 
``.1406 Utility Boilers (Repealed)'' with no regulatory text. EPA 
approved the September 18, 2001, SIP revision on December 27, 2002, 
with the exception of Rule .1406 and the addition of Rules .1413, and 
.1414, among others. EPA did not act on Rule .1406 because the rule 
contained no regulatory text and because Rule .1406 was not in the SIP, 
thus there was nothing to repeal. See 67 FR 78987 for further 
information.
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    \1\ See Rule .1402--``Applicability'' and the definition of 
``source'' in Rule .1401 for the scope of this rule section.
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    On August 14, 2002, North Carolina submitted a SIP revision to EPA 
containing changes to its Section 1400 NOX rules. The 
submission included changes to Rule .1401--``Definitions''; .1403--
``Compliance Schedules''; .1413--``Sources Not Otherwise Listed in This 
Section''; .1414--``Tune-up Requirements''; and .1423--``Large Internal 
Combustion Engines'' as well as changes to other rules not related to 
today's proposed action. The submittal again included a rule entitled 
``.1406 Utility Boilers (Repealed)'' with no regulatory text. North 
Carolina took these rule changes to hearing on May 21, 2001, and June 
5, 2001. EPA did not act on the August 14, 2002, submittal.
    On June 5, 2017, North Carolina withdrew its August 14, 2002, SIP 
submittal and resubmitted the changes to Rules .1401, .1403, .1413, 
.1414, and .1423 contained in the 2002 submittal along with the repeal 
of Rule .1406. The June 5, 2017, submittal relies on the hearing record 
associated with the August 14, 2002, submittal because the rule text is 
identical. On June 28, 2018, North Carolina supplemented its June 5, 
2017, submittal to acknowledge that Rules .1413 and .1414 are not in 
the SIP.

II. Analysis of North Carolina's June 5, 2017, Submittal and June 28, 
2018, Supplement

    EPA has reviewed the June 5, 2017, submittal, as supplemented on 
June 28, 2018, and proposes to act on Rules .1401, .1413, and .1414 and 
not to act on Rules .1403, .1406, and .1423, as discussed below.\2\
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    \2\ On June 5, 2017, NCDAQ submitted a SIP revision addressing 
Rules .1407--``Boilers and Indirect-Fired Process Heaters'' and 
.1408--``Stationary Combustion Turbines'' that is separate from the 
SIP revision that EPA is proposing to act on today. On August 14, 
2002, and again on November 19, 2008, NCDAQ submitted amendments to 
Rules .1407 and .1408 along with many other rule amendments. NCDAQ's 
intention, as outlined in its June 5, 2017, SIP submittal for Rules 
.1407 and .1408, was to withdraw the November 19, 2008, submittal 
related to these rules. However, EPA already approved the portion of 
the November 19, 2008, submittal related to Rules .1407 and .1408 on 
May 9, 2013. See 78 FR 27065.
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a. Rule .1401--``Definitions''

    North Carolina modified Rule .1401 to clarify which definitions 
outside of the rule apply to Section .1400, including definitions from 
the Code of Federal Regulations (CFR) as discussed below; add a 
definition of ``combustion turbine''; revise several existing 
definitions; and renumber the paragraphs within the rule. The State 
added the definition of ``combustion turbine'' from 40 CFR 96.2--``an 
enclosed fossil or other fuel-fired device that is comprised of a 
compressor, a combustor, and a turbine, and in which the flue gas 
resulting from the combustion of fuel in the combustor passes through 
the turbine, rotating the turbine''--for consistency with the federal 
rule. The revised definitions are discussed below.
    North Carolina modified the definition of ``reasonable effort'' to 
replace the term ``optimization of'' with ``utilization'' in the phrase 
```Reasonable effort' means the proper installation of technology 
designed to meet the requirements of Rule .1407, .1408, or .1409 of 
this Section and the optimization of this technology, according to the 
manufacturer's recommendations or other similar guidance for not less 
than six months, in an effort to meet the applicable limitation for a 
source.'' Given the limited applicability of the provision, the 
continued requirement to follow manufacturers' recommendations or other 
similar guidance, the fact that it was state effective in 2002, and the 
lack of nonattainment areas in the State for any criteria pollutant, 
EPA does not believe that incorporating the revision into the SIP will 
interfere with any applicable requirement regarding attainment and 
reasonable further progress or any other applicable CAA requirement.
    Under the SIP-approved definitions of ``emergency generator'' and 
``emergency use internal combustion engines,'' subject internal 
combustion engines are included only during the loss of primary power 
at the facility that is beyond the control of the owner or operator of 
the facility or during maintenance ``when necessary to protect the 
environment.'' In its June 5, 2017, SIP revision, North Carolina 
replaced the phrase ``when necessary to protect the environment'' with 
the phrase ``when maintenance is being performed on the power supply to 
equipment that is essential in protecting the environment or to such 
equipment itself.'' EPA believes that this is a

[[Page 55337]]

clarifying change and therefore does not relax the rule.
    The State made a number of additional clarifying changes. North 
Carolina reworded the definition of ``fossil fuel fired'' to clarify 
that the term applies to certain sources where fossil fuel is combusted 
either alone or in combustion with other fuel. The definition of 
``ozone season'' is revised in the submittal to clarify that it begins 
on May 31 and ends on September 30 for 2004 and begins on May 1 and 
ends on September 30 for all other years. The definitions of ``seasonal 
energy input'' and ``seasonal energy output'' are also revised to 
clarify that they cover the period beginning on May 1 and ending on 
September 30. In addition, the State clarified that the definitions in 
15A NCAC 2D .0101 from the general definitions and references section 
of Chapter 2D apply to Section 1400 (unless there is a conflict, in 
which case the definitions in Rule .1401 control) as well as N.C.G.S. 
143-121 and 143-213, the definitions in the governing state air 
statute. The State also added paragraph (b) stating that whenever 
reference is made to the CFR, the definitions in the CFR apply unless 
specifically stated otherwise. These clarifying changes do not alter 
the meaning of these definitions.

b. Section .1403--``Compliance Schedules''

    The version of Rule .1403 included in the June 5, 2017, SIP 
revision was state effective in 2002. However, on January 31, 2008, the 
State submitted a SIP revision to EPA containing a version of the rule 
that was state effective on July 1, 2007. EPA approved the portion of 
that SIP revision regarding Rule .1403 and incorporated the July 1, 
2007, version of the rule into the SIP on May 9, 2013 (78 FR 27065). 
Because the later version of the rule superseded the July 15, 2002, 
version contained in the June 5, 2017, SIP revision, EPA is not taking 
action on the portion of the submittal regarding Rule .1403.

c. Rule .1406--``Utility Boilers (Repealed)''

    The June 5, 2017, SIP revision includes a rule entitled ``.1406 
Utility Boilers (Repealed)'' with no regulatory text. EPA is not 
proposing to act on Rule .1406 because the rule contains no regulatory 
text and because Rule .1406 is not in the SIP.

d. Rule .1413--``Sources Not Otherwise Listed in This Section''

    Rule .1413 requires subject sources of NOX other than 
boilers, indirect-fired process heaters, stationary combustion 
turbines, and stationary internal combustion engines at facilities with 
a potential to emit of 100 tons per year or more of NOX or 
560 pounds per calendar day or more from May 1 through September 30 to 
apply Reasonably Available Control Technology (RACT). The rule also 
requires owners or operators of such sources to submit certain 
information to the State, including a proposed limitation for 
consideration as RACT, and requires the Director to approve the 
proposed limitation if he finds that the source has submitted all of 
the necessary information, the source is covered under the rule, and 
that the proposed limitation is RACT for the source.
    The June 5, 2017, SIP revision identified changes to Rule .1413 in 
a redline/strikeout format; however, EPA has never incorporated Rule 
.1413 into the SIP. Therefore, on June 28, 2018, North Carolina 
supplemented its submittal with a revised redline/strikeout version of 
the rule acknowledging that none of the rule text is in the SIP. EPA is 
now proposing to incorporate Rule .1413 into the SIP because the rule 
imposes NOX emissions controls on sources in the State and 
is thus a SIP strengthening measure.

e. Rule .1414--``Tune-up Requirements''

    Rule .1414 provides tune-up requirements for certain boilers, 
indirect-fired process heaters, and stationary internal combustion 
engines. Owners and operators with equipment subject to the rule must 
perform tune-ups at least annually in accordance with manufacturers' 
recommendations and maintain records of the tune-ups.
    The June 5, 2017, SIP revision identified changes to Rule .1414 in 
a redline/strikeout format; however, EPA has never incorporated Rule 
.1414 into the SIP. Therefore, on June 28, 2018, North Carolina 
supplemented its submittal with a revised redline/strikeout version of 
the rule acknowledging that none of the rule text is in the SIP. EPA is 
now proposing to incorporate Rule .1414 into the SIP because the rule 
imposes maintenance requirements on certain NOX emitting 
equipment in the State to ensure proper operation and is thus a SIP 
strengthening measure.

f. Rule .1423--``Large Internal Combustion Engines''

    EPA is not proposing to act on the changes to Rule .1423 at this 
time.

III. 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, EPA is proposing to incorporate by 
reference North Carolina regulations 15 NCAC 02D .1401--
``Definitions,'' modified to clarify which definitions outside of the 
rule apply to Section .1400, including definitions from the CFR, add a 
definition for ``combustion turbine,'' modify the definition of 
``reasonable effort,'' ``emergency generator,'' ``emergency use 
internal combustion engines,'' ``fossil fuel fired,'' ``ozone season,'' 
``seasonal energy input'' and ``seasonal energy output,'' and renumber 
the paragraphs within the rule, state effective on July 15, 2002; 
.1413--``Sources Not Otherwise Listed in This Section,'' which includes 
rules for NOX sources not otherwise listed in section .1400, 
state effective on July 18, 2002; and .1414--``Tune-Up Requirements,'' 
which includes tune-up requirements for certain boilers, indirect-fired 
process heaters and stationary internal combustion engines, state 
effective on July 18, 2002. 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).

IV. Proposed Action

    Pursuant to section 110 of the CAA, EPA is proposing to approve the 
aforementioned changes to the North Carolina SIP. EPA has evaluated the 
relevant portions of North Carolina's June 5, 2017, SIP revision, as 
supplemented on June 28, 2018, and is proposing to determine that they 
meet the applicable requirements of the CAA and its implementing 
regulations.

V. 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 they meet the criteria of the CAA. This action merely proposes 
to approve state law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by state law. For 
that reason, this proposed action:

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     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: October 25, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-24179 Filed 11-2-18; 8:45 am]
 BILLING CODE 6560-50-P