[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56773-56775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24819]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0419; FRL-9986-48-Region 4]


Air Plan Approval; NC; Miscellaneous 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 State Implementation Plan (SIP) revisions provided 
by the State of North Carolina through the North Carolina Division of 
Air Quality (NCDAQ) in letters dated June 5, 2017, and August 22, 2017. 
The submissions revise several regulations concerning nitrogen oxides, 
emission control standards, monitoring, and reporting requirements. EPA 
is proposing to approve these provisions of the SIP revisions because 
these changes are consistent with the Clean Air Act (CAA or Act) and 
federal regulations.

DATES: Comments must be received on or before December 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0419 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: Richard Wong, 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) 562-8726. Mr. Wong can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    NCDAQ submitted SIP revisions through letters dated June 5, 2017 
and August 22, 2017 to EPA for review and approval into the North 
Carolina SIP.\1\ North Carolina's SIP revisions include multiple 
changes to its air quality rules, under subchapter 15A NCAC 2D, 
specifically at Section .1404, ``Recordkeeping: Reporting: 
Monitoring,'' Section .0542, ``Control of Particulate Emissions from 
Cotton Ginning Operations,'' Section .0606, ``Sources Covered by 
Appendix P of 40 CFR part 51,'' and Section .0608, ``Other Large Coal 
or Residue Oil Burners.'' EPA is not taking action on Section .0535, 
``Excess Emissions Reporting and Malfunctions'' which is included in 
the changes in the August 22, 2017 SIP revision. EPA will address 
revisions to Section .0535 in a separate action.
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    \1\ The SIP revisions were received by EPA on June 5, 2017 and 
September 6, 2017, respectively.
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II. Analysis of the State's Submittals

A. June 5, 2017 SIP Submittal

    The June 5, 2017 submission revises North Carolina's nitrogen 
oxides (NOX) Rule Section .1404, ``Recordkeeping: Reporting: 
Monitoring'' through several iterations.\2\ The State previously 
submitted the changes as four separate submissions.\3\ North Carolina 
took these rule changes to hearings on May 21, 2001, June 5, 2001, June 
22, 2005, and November 11, 2007. NCDAQ subsequently withdrew and 
resubmitted these changes in a comprehensive submission. The revision 
that became state-effective on July 15, 2002, made minor and clarifying 
changes to subsections (a) ``General requirements,'' (b) ``Submittal of 
information to show compliance status,'' (c) ``Excess emissions 
reporting,'' (d) ``Continuous emissions monitors,'' (f) ``Missing 
data,'' (g) ``Interim report for large sources,'' (h) ``Recordkeeping 
and reporting requirements for large sources,'' and (i) ``Averaging 
time for continuous emissions monitors.'' Clarifying edits consisted of 
clarifying that records

[[Page 56774]]

needed to be maintained for five years and changing ``a'' to ``the'' 
and ``Rule'' to ``Rules.'' Changes were also made to remove an 
exception for seasonal excess emission reporting because the referenced 
rules were previously repealed by the State and approved by EPA. The 
submission makes a change that prescribes a requirement for continuous 
emission monitoring for sources covered under Section .1418, ``New 
Electric Generating Units, Large Boilers, and Large I/C Engines.'' 
Lastly, the SIP revision makes minor typographical changes throughout. 
EPA is proposing to approve these revisions because the minor 
typographical and clarifying changes do not relax or alter the meaning 
of the rule and the other revision pertaining to a requirement for 
continuous emissions monitoring for sources covered under Section .1418 
is SIP-strengthening and is consistent with the requirements of the CAA 
and federal regulations.\4\
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    \2\ NOX Rule section .1404 was originally submitted 
to EPA as part of the State's NOX Budget and Allowance 
Trading Program in response to EPA's regulation entitled ``Finding 
of Significant Contribution and Rulemaking for Certain States in the 
Ozone Transport Assessment Group Region for Purposes of Reducing 
Regional Transport of Ozone,'' otherwise known as the NOX 
SIP Call.
    \3\ The June 5, 2017, cover letter requested withdrawal for 
submissions or portions of submissions dated August 14, 2002, 
October 14, 2004, March 24, 2006, and November 19, 2008, with state 
effective dates July 15, 2002, May 1, 2004, November 1, 2005, and 
January 1, 2009, respectively. Through a separate rulemaking on May 
9, 2013, EPA took final action on portions of the October 14, 2004 
submission approving some revisions, including those for section 
.1404, and conditionally approving other revisions. See 78 FR 27065. 
Additionally, the State previously submitted a revision to Section 
.1404 on December 14, 2004, and EPA finalized the rulemaking 
approving that revision on August 22, 2008 (73 FR 49613). Finally, 
the State previously submitted a revision to Section .1404 on 
December 27, 2002, and EPA finalized the rulemaking approving that 
revision on December 27, 2002. See 67 FR 78987.
    \4\ 40 CFR 51.121-5.122 (NOX SIP Call regulations) 
and 40 CFR part 75 (Continuous Emissions Monitoring).
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    The revision that became state-effective on November 1, 2005, 
removed the interim reporting requirements for large sources and 
retained the annual requirement where sources must report 
NOX emissions no later than October 30. The revision that 
became state-effective on January 1, 2009, also made minor changes that 
consisted of changing ``a'' to ``the,'' renumbering the subparagraphs 
and removing references to repealed rules, including sections .1416, 
``Emission Allocations for Utility Companies,'' .1417, ``Emission 
Allocations for Large Combustion Sources,'' and .1419, ``Nitrogen Oxide 
Budget Trading Program.'' \5\ EPA is proposing to approve these changes 
because the minor changes do not relax or alter the meaning of the rule 
and the other revision pertaining to the date for the end of season 
reporting requirement is consistent with the requirements of the CAA 
and federal regulations.
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    \5\ EPA approved the repeal of these provisions on May 9, 2013. 
See 78 FR 27065.
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B. August 22, 2017, SIP Submittal

    The August 22, 2017 submission revises Sections .0542, ``Control of 
Particulate Emissions from Cotton Ginning Operations,'' .0606, 
``Sources Covered by Appendix P of 40 CFR part 51,'' and .0608, ``Other 
Large Coal or Residual Oil Burners.'' The SIP revision makes minor and 
clarifying edits throughout the three rules. The changes in Section 
.0542 remove obsolete past due dates for Emission Control Requirements 
and provide clarification edits under paragraph (c)--Applicability, 
paragraph (d)--Emission Control Requirements and paragraph (e)--
Raincaps. Clarifying edits consisted of renumbering and removing 
references to obsolete control dates and were also made under paragraph 
(g)--Fugitive Emissions and paragraph (l)--Reporting. The changes in 
Sections .0606 and .0608 are minor and revise references to another 
rule in the same subchapter for fuel analysis for sulfur dioxide 
emitting sources without continuous emissions monitoring. EPA is 
proposing to approve these changes because the minor and clarifying 
changes do not relax or alter the meaning of the rule.

III. Incorporation by Reference

    In this rulemaking, 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 under subchapter 2D, Section .1404, ``Recordkeeping: 
Reporting: Monitoring,'' effective January 1, 2009,\6\ which clarifies 
the rule by updating quality assurance, recordkeeping and reporting 
requirements and provisions for heat input calculations and removes 
references to repealed rules. EPA is proposing to incorporate by 
reference under subchapter 2D Section .0542, ``Control of Particulate 
Emissions from Cotton Ginning Operations,'' Section .0606, ``Sources 
Covered by Appendix P of 40 CFR part 51,'' and Section .0608, ``Other 
Large Coal or Residue Oil Burners,'' effective June 1, 2008, which 
makes minor and clarifying changes, updates rule references, and 
removes obsolete controls and dates. 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).
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    \6\ January 1, 2009 is the most recent state effective date of 
subchapter 2D, Section .1404, ``Recordkeeping: Reporting: 
Monitoring,'' and it reflects the exact version of the text of .1404 
that EPA is proposing to approve into the SIP.
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IV. Proposed Action

    EPA is proposing to approve the aforementioned changes to the North 
Carolina SIP, submitted on June 5, 2017, and August 22, 2017 because 
they are consistent with the CAA and federal 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 that they meet the criteria of the CAA. These actions merely 
propose to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, these proposed 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

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direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: November 6, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-24819 Filed 11-13-18; 8:45 am]
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