[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Rules and Regulations]
[Pages 65091-65093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27358]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0419; FRL-9988-11-Region 4]
Air Plan Approval; North Carolina Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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 (NOX), emission control standards,
monitoring, and reporting requirements. EPA is taking final action 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: This rule will be effective January 18, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0419. 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
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: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 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 North Carolina
Administrative Code (NCAC) 02D, 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 Residual Oil Burners.'' \2\ 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 changes to Section .0535 in a separate
action.
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\1\ The SIP revisions were received by EPA on June 6, 2017, and
September 6, 2017, respectively.
\2\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred
to as ``Subchapter 2D Air Pollution Control Requirements.''
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In a notice of proposed rulemaking (NPRM) published on November 14,
2018 (83 FR 56773), EPA proposed to approve the SIP submissions
transmitted under cover letters dated June 5, 2017, and August 22,
2017. The specific details of the SIP submissions and the rationale for
EPA's actions are discussed in the NPRM. Comments on the proposed
rulemaking were due on or before December 5, 2018. EPA received five
comments in total--one comment that is not relevant to the action, two
comments that support the revision and two adverse comments. The
comments can be found in the docket for this action. After considering
the adverse comments, EPA is now taking final action to approve the
above-referenced revision.
II. Response to Comments
Comments: As mentioned above, EPA received two adverse public
comments on the proposed rule published on November 14, 2018. The
comments are available for public viewing as a part of the electronic
docket for this rulemaking. The first Commenter notes that if the
revisions are in line with the CAA and federal regulations, they should
be approved; however, ``if they are considered worse, such as they are
raising the emission rates for certain vendors, this should be
addressed and maybe suggest a stricter standard if it is feasible.''
The second Commenter asserts that ``[i]n the past year, the Clean Air
Act has been revised to be less harsh for energy plants. With a more
relaxed Clean Air Act, the United States air quality and overall
environmental health can take a toll. In the past 50 years ago, toxic
pollutants like sulfur dioxide and smog have been reduced. With this
proposed rule, this could completely reverse the progress the act has
made thus far. These proposed changes should consider the long-term
effects on the environment.''
Response: It is unclear how either of the comments relate to the
proposed rule or how the commenters would like EPA to change the
proposed rule. The rule changes being approved do not involve any
changes (including increases) to emission rates, nor do they implicate
any long-term effects on the environment. Rather, as discussed in the
notice of proposed rulemaking, the changes to the NOX
recordkeeping, reporting, and monitoring rule involve minor
typographical and clarifying changes that do not relax the rule, and
the addition of sources subject to continuous emissions monitoring for
NOX strengthens the SIP. Changes to the other rules are
either minor or clarifying and do not alter the meaning of the rules or
they are consistent with the requirements of the CAA and federal
regulations.
III. 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 taking final action to incorporate by reference North
Carolina regulations under Subchapter 2D Air Pollution Control
Requirements, Section .1404, ``Recordkeeping: Reporting: Monitoring,''
effective January 1, 2009,\3\ 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 also taking final action to incorporate by
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reference regulations 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 Residual Oil Burners,'' effective June 1, 2008,
which make minor and clarifying changes, update rule references, and
remove 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). Therefore, these materials have been approved by EPA for
inclusion in the State's 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 in
the next update to the SIP compilation.\4\
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\3\ 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
Section .1404 that EPA is proposing to approve into the SIP.
\4\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is taking final action to approve the portions of the SIP
revisions referenced above and provided by the NCDAQ in letters dated
June 5, 2017, and August 22, 2017. EPA is taking final action to
approve the changes because the submissions are consistent with section
110 of the CAA.
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 final 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: December 6, 2018.
Mary S. Walker,
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. Section 52.1770(c)(1) is amended under Subchapter 2D Air Pollution
Control Requirements, by revising the entries for ``Section .0542'';
``Section .0606'', ``Section .0608''; and ``Section .1404'' to read as
follows:
Sec. 52.1770 Identification of plan.
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(c) * * *
(1) EPA-Approved North Carolina Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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Subchapter 2D Air Pollution Control Requirements
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Section .0500 Emission Control Standards
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Section .0542................. Control of 6/1/2008 12/19/2018, [Insert .....................
Particulate citation of
Emissions from publication].
Cotton Ginning
Operations.
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Section .0600 Monitoring: Recordkeeping: Reporting
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Section .0606................. Sources Covered By 6/1/2008 12/19/2018, [Insert .....................
Appendix P of 40 CFR citation of
Part 51. publication].
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Section .0608................. Other Large Coal or 6/1/2008 12/19/2018, [Insert .....................
Residual Oil Burners. citation of
publication].
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Section .1400 Nitrogen Oxides
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Section .1404................. Recordkeeping: 1/1/2009 12/19/2018, [Insert .....................
Reporting: citation of
Monitoring. publication].
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[FR Doc. 2018-27358 Filed 12-18-18; 8:45 am]
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