[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Pages 3381-3384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01880]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0078; FRL-9989-37--Region 4]


Air Plan Approval; North Carolina; Miscellaneous Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve changes to the North Carolina State Implementation Plan (SIP) 
submitted by the State of North Carolina, through the North Carolina 
Department of Environmental Quality (NCDEQ), through letters dated 
April 4, 2017, August 22, 2017, and September 28, 2018. These SIP 
revisions make amendments, most of which are structural and minor, to 
North Carolina's source testing rules. This action is being taken 
pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before March 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0078 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-pa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres, 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. Febres can be reached by telephone at (404) 562-8966 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is the EPA taking today?

    Through letters dated April 4, 2017, August 22, 2017, and September 
28, 2018, the State of North Carolina, through NCDEQ, submitted three 
SIP revisions for EPA approval.\1\ These SIP revisions include 
structural amendments to 15A North Carolina Administrative Code (NCAC) 
02D Section .0501--Compliance with Emission Control Standards, and 
typographical amendments to 15A NCAC 02D Section .0536--Particulate 
Emissions from Electric Utility Boilers.\2\ Additionally, the SIP 
revisions incorporate, for primarily structural, organizational 
reasons, four new rules: 15A NCAC 02D Sections .2609--Particulate 
Testing Method, .2610--Opacity, .2611--Sulfur Dioxide Testing Methods, 
and .2617--Total Reduced Sulfur. EPA has preliminarily determined that 
a number of these changes to the North Carolina SIP are either 
structural or minor and ministerial and do not alter the meaning of any 
SIP provisions, that others are SIP-strengthening, and that all are 
consistent with federal regulations regarding source testing and are 
approvable pursuant to section 110 of the CAA. The changes that are the 
subject of this proposed rulemaking are described in further detail in 
section III below.
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    \1\ EPA received the SIP revisions on April 28, 2017, September 
6, 2017, and October 10, 2018, 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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II. Background

    On November 19, 2008, North Carolina submitted to EPA for approval 
a SIP revision which restructured the way the SIP identified source 
testing methods. The November 19, 2008, SIP revision removed all 
references to required source testing methods from the source-category 
rules of the SIP and compiled them into a new section: Subchapter 2D 
Section .2600, Source Testing. This new rule section consolidated North 
Carolina's testing protocols with federal air source testing methods 
formerly located throughout DEQ's rules and amended existing source-
category standards to add cross-references to the applicable testing 
rules in the new section, 2D Section .2600. EPA partially approved the 
November 19, 2008, SIP revision, together with several other SIP 
revisions, but did not act on some of the proposed amendments at the 
time. See 78 FR 27065 (May 9, 2013).
    Through a letter dated April 4, 2017, North Carolina submitted a 
request to withdraw some of the proposed changes from the November 19, 
2008, SIP revision and to resubmit these changes

[[Page 3382]]

for EPA's approval. In its request, North Carolina withdrew amendments 
to 2D Sections .0501--Compliance with Emission Control Standards, 
.0536--Particulate Emissions from Electric Utility Boilers, and .2609--
Particulate Testing Methods, as well as one rule under Subchapter 2Q, 
Section .0523--Changes Not Requiring Permit Revisions and resubmitted 
these changes with an updated redline strikeout of each section.
    Similarly, through a letter dated August 22, 2017, North Carolina 
withdrew from the November 19, 2008, SIP revision, new provisions found 
at 2D Sections .2610--Opacity, .2611--Sulfur Dioxide Testing Methods, 
and .2617--Total Reduced Sulfur, and resubmitted these new provisions 
with an updated redline strikeout of each new section.
    Lastly, in letters dated September 28, 2018, North Carolina 
submitted: (1) An additional SIP withdrawal and revision, and (2) a 
separate withdrawal. Specifically, the September 28, 2018, SIP revision 
withdrew the changes to 2D Sections .0501 and addition of .2609 from 
the April 4, 2017, SIP revision, and concurrently resubmitted these for 
incorporation into the SIP with updated redline strikeouts. In the 
separate withdrawal letter, also dated September 28, 2018, North 
Carolina withdrew 2Q Section .0523 from the April 4, 2017, SIP 
revision.\3\ North Carolina decided not to resubmit 2Q Section .0523 
because this provision applies to North Carolina's Title V permitting 
program and is not appropriate for approval into the SIP.
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    \3\ The September 28, 2018, withdrawal letter can be found in 
the docket for this proposed rulemaking.
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    The changes proposed for approval herein are a part of North 
Carolina's strategy to attain and maintain the national ambient air 
quality standards (NAAQS), and EPA has preliminarily determined that 
they are approvable pursuant to section 110 of the CAA. The changes 
that are the subject of this proposed rulemaking and EPA's rationale 
for proposing to approve them are described in further detail below.

III. Analysis of the State Submittal

    EPA is proposing to approve into the North Carolina SIP amendments 
to Subchapter 2D Sections .0501--Compliance with Emission Control 
Standards, and .0536--Particulate Emissions from Electric Utility 
Boilers, as well as the addition of four new rules, Sections .2609--
Particulate Testing Methods, .2610--Opacity, .2611--Sulfur Dioxide 
Testing Methods, and .2617--Total Reduced Sulfur. Below is a 
description of these changes and our rationale for proposing to approve 
them.

A. Section .0501--Compliance With Emission Control Standards

    Section .0501 is amended by removing all language regarding testing 
methods for determining compliance with emission control standards, 
which was previously found in paragraphs (b) and (c)(1) through 
(c)(18). As mentioned in Section II, above, North Carolina's November 
19, 2008, SIP revision included a new set of rules at 2D Section .2600, 
Source Testing. As described in more detail below, the operative 
portions of the deleted language from Section .0501 have all been 
relocated to the appropriate subsections of 2D Section .2600, some of 
which were previously approved into the SIP in 2013. See 78 FR 27065 
(May 9, 2013). Other subsections of 2D Section .2600 are now being 
proposed for SIP approval through the April 4, 2017, August 22, 2017, 
and September 28, 2018, SIP revisions. In addition, all of the 
corresponding deletions of Section .0501 language are now being 
proposed for SIP approval. Further details on the proposed deletions of 
the Section .0501 testing methods and their current or new locations 
are presented below.
    1. Whereas the relocation of Section .0501's testing methods to 
Section .2600 was previously approved in the 2013 final rule for the 
November 19, 2008, SIP revision, the corresponding deletion of the 
paragraphs from Section .0501 now being proposed for approval is as 
follows \4\:
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    \4\ Paragraph (c)(9) language is found in Section .2616--
Fluorides, and paragraph (c)(11) language is found in Section 
.2618--Mercury, but these Sections are currently not part of the 
North Carolina SIP. Sections .2616 and .2618 have not been 
incorporated into the SIP because North Carolina withdrew its 
request to adopt them into its SIP on September 1, 2016, letter. 
These rules pertain to CAA section 111(d) or 129 plans and not CAA 
section 110.
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     Paragraphs (b), (c)(14), and (c)(18) language is found in 
current Section .2602--General Provisions on Test Methods and 
Procedures.
     Paragraph (c)(1) language is found in current Section 
.2604--Number of Test Points.
     Paragraph (c)(2) language is found in current Section 
.2605--Velocity and Volume Flow Rate.
     Paragraph (c)(7) language is found in current Section 
.2612--Nitrogen Oxide Testing Methods.
     Paragraph (c)(12) language is found in current Section 
.2608--Number of Runs and Compliance Determination.
     Paragraph (c)(13) language is found in current Section 
.2606--Molecular Weight.
     Paragraph (c)(15) language is found in current Section 
.2621--Determination of Fuel Heat Content Using F-Factor.
     Paragraph (c)(17) language is found in current Section 
.2613--Volatile Organic Compound Testing Methods.
    2. Deletion being proposed for approval through the April 4, 2017, 
SIP revisions:
     Paragraph (c)(3) and (c)(16) language is found in new 
Section .2609--Particulate Testing Methods.
    3. Deletion being proposed for approval through the August 22, 
2017, SIP revision:
     Paragraph (c)(4), (c)(5), and (c)(6) language is found in 
new Section .2611--Sulfur Dioxide Testing Methods.
     Paragraph (c)(8) language is found in new Section .2610--
Opacity.
     Paragraph (c)(10) language is found in new Section .2617--
Total Reduced Sulfur.
    If EPA finalizes this proposed approval, all of the necessary 
testing methods will have been deleted from Section .0501 and relocated 
to one of the current or new subsections in Section .2600. EPA has 
reviewed these changes to Section .0501 and has preliminarily 
determined that they are approvable pursuant to section 110 of the CAA 
because they are structural in nature and the deleted language is 
relocated and retained in 2D Section .2600 of the North Carolina SIP.

B. Section .0536--Particulate Emissions From Electric Utility Boilers

    Section .0536 is amended by updating cross-references that identify 
the location of the testing method procedures and requirements. 
Previously, Section .0536 referred to Section .0501 to identify the 
applicable procedures and requirements for stack testing when measuring 
emission rates for electric utility boilers. Because North Carolina has 
relocated all language regarding testing methods to Section .2600, 
amendments to Section .0536 substitute all cross-references to Section 
.0501 with cross-references to Section .2600.
    Additionally, North Carolina is adding a reference in Section .0536 
to its quality assurance program found in Section .0613 and making a 
minor typographical change by substituting the word ``director'' with 
``Director'' throughout Section .0536.
    EPA has reviewed these changes and has preliminarily determined 
that the amendments to Section .0536 are minor ministerial changes that 
do not result in a change to the existing source testing

[[Page 3383]]

requirements in the North Carolina SIP and are approvable pursuant to 
section 110 of the Act.

C. Section .2609--Particulate Testing Methods

    As noted in Section III.A.2, above, most of the language of new 
Section .2609 was previously found in paragraphs (c)(3) and (c)(16) of 
Section .0501, which are now being proposed for deletion. Section .2609 
adopts the federal testing Method 5 of Appendix A of 40 CFR part 60, 
and Method 202 of Appendix M of 40 CFR part 51, which are meant to 
demonstrate compliance with particulate matter (PM) emission standards. 
As an alternative to Method 5, Section .2609 also adopts Method 17 of 
Appendix A of 40 CFR part 60, which can be used under certain testing 
conditions. For steam generators that use soot blowing as a routine 
method of cleaning heat transfer surfaces, Section .2609 also 
establishes specific testing requirements to account for the soot's 
contribution to particulate emissions. Lastly, paragraph (f) of Section 
.2609 establishes requirements for sources to use Method 201 or 201A, 
in combination with Method 202, to demonstrate compliance specifically 
for PM10 emission standards.
    Method 5 and Method 17, which are meant to measure filterable PM, 
were testing method options previously found in Section .0501 that are 
now relocated to new Section .2609. A source's total particulate 
emissions, however, also includes condensable PM, and is measured using 
different testing methods. The additional requirement in .2609 to use 
Method 202 to demonstrate compliance with particulate emission 
standards, as well as the option to use a combination of Methods 201 or 
201A in conjunction with Method 202 for PM10 compliance, are 
new provisions to this rule that require testing of condensable PM as 
well as filterable PM. North Carolina requires the use of testing 
methods for both filterable and condensable PM to capture total 
particulate emissions.
    EPA has reviewed this change and has preliminarily determined that 
the addition of Section .2609, including the additional test methods, 
is consistent with federal regulations. The addition of new Section 
.2609 both retains and strengthens the existing source testing 
requirements of the North Carolina SIP.

D. Section .2610--Opacity

    As noted in Section III.A.3, above, most of the language of new 
Section .2610 was previously found in paragraph (c)(8) of Section 
.0501, which is being proposed for deletion. Section .2610 adopts the 
federal Method 9 of Appendix A of 40 CFR part 60, which is meant to 
determine compliance with opacity standards by visual observation, and 
Method 22 of Appendix A of 40 CFR part 60, which is meant to determine 
compliance with opacity standards when they are based upon the 
frequency of fugitive emissions from stationary sources as specified in 
an applicable rule.
    The requirement to use Method 9 when determining opacity by visual 
observation was previously found in Section .0501 and is now relocated 
to new Section .2610. A new provision not found in Section .0501 is the 
option to use Method 22 for determining compliance with opacity 
standards based upon the frequency of fugitive emissions from 
stationary sources. The use of Method 22, as described in Section 
.2609, is allowed only in cases where this method is required by a 
permit condition or another applicable regulation.
    EPA has reviewed this change and has preliminarily determined that 
the addition of new Section .2610, including the option to use Method 
22, is consistent with federal regulations. The addition of new Section 
.2610 both retains and strengthens the existing source testing 
requirements of the North Carolina SIP.

E. Section .2611--Sulfur Dioxide Testing Methods

    As noted in Section III.A.3, above, the language of this new 
provision, Section .2611, was previously found in paragraphs (c)(4), 
(5), and (6) of Section .0501, which are being proposed for deletion. 
Section .2611 establishes testing methods and methodologies for sulfur 
dioxide in different types of sources, specifically:
    a. If compliance is to be demonstrated for a combustion source 
through stack sampling, the procedures described in Method 6 or Method 
6C of Appendix A of 40 CFR part 60 shall be used. When using Method 6 
procedures to demonstrate compliance, compliance shall be determined by 
averaging six 20-minute samples taken over such a period of time that 
no more than 20 minutes elapses between any two consecutive samples. 
The 20-minute run requirement applies to Method 6 only, not to Method 
6C. Method 6C is an instrumental method and the sampling is done 
continuously.
    b. Fuel burning sources not required to use continuous emissions 
monitoring to demonstrate compliance with sulfur dioxide emission 
standards may determine compliance with sulfur dioxide emission 
standards by stack sampling or by analyzing the sulfur content of the 
fuel.
    c. For stationary gas turbines, Method 20 of 40 CFR part 60 shall 
be used to demonstrate compliance with applicable sulfur dioxide 
emissions standards.
    d. When compliance is to be demonstrated for a combustion source by 
analysis of sulfur in fuel, sampling, preparation, and analysis of 
fuels shall be according to American Society of Testing and Materials 
(ASTM) methods. The Director may approve ASTM methods different from 
those described in the regulation if they will provide equivalent or 
more reliable results. The Director may prescribe alternate ASTM 
methods on an individual basis if that action is necessary to secure 
reliable test data. Paragraph (d)(1) of Section .2611 outlines specific 
ASTM methods for Coal Sampling, and paragraph (d)(2) outlines specific 
ASTM methods for Oil Sampling.
    e. When compliance is shown for sulfuric acid manufacturing plants 
or spodumene ore roasting plants through stack sampling using the 
methods provided in Sections .0517 and .0527, respectively, the 
procedures described in Method 8 of Appendix A of 40 CFR part 60 shall 
be used. When Method 8 of Appendix A of 40 CFR part 60 is used to 
determine compliance, compliance shall be determined by averaging 
emissions measured by three one-hour test runs unless otherwise 
specified in the applicable rule or subpart of 40 CFR part 60.
    f. When compliance is shown for a combustion source emitting sulfur 
dioxide not covered under paragraphs (a) through (e) of Section .2611 
through stack sampling, the procedures described in Method 6 or Method 
6C of Appendix A of 40 CFR part 60 shall be used. When using Method 6 
procedures to demonstrate compliance, compliance shall be determined by 
averaging six 20-minute samples taken over such a period of time that 
no more than 20 minutes elapses between any two consecutive samples. 
The 20-minute run requirement applies to Method 6 only, not to Method 
6C. Method 6C is an instrumental method and the sampling is done 
continuously.
    All of the above the testing methods identified in Section .2611 
were previously found in Section .0501, with the exception of Method 
6C. This new alternative method allows for the use of a sampling 
instrument that tests continuously rather than periodically.
    EPA has reviewed this change and has preliminarily determined that 
the addition of new Section .2611, including the addition of Method 6C 
as

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an alternative method, is consistent with federal regulations. The 
addition of new Section .2611 both retains and strengthens the existing 
source testing requirements of the North Carolina SIP.

F. Section .2617--Total Reduced Sulfur

    As noted in Section III.A.3, above, the language of this new 
provision, Section .2617, was previously found in paragraph (c)(10) of 
Section .0501, which is being proposed for deletion. Section .2617 
adopts the use of federal testing Method 16 of Appendix A of 40 CFR 
part 60 or Method 16A of Appendix A of 40 CFR part 60 to demonstrate 
compliance with total reduced sulfur emissions standards. The rule also 
adopts the federal testing Method 15 of Appendix A of 40 CFR part 60 to 
be used as an alternative to determine total reduced sulfur emissions 
from tail gas control units of sulfur recovery plants, hydrogen sulfide 
in fuel gas for fuel gas combustion devices, and where specified in 
other applicable subparts of 40 CFR part 60.
    The requirement to use Method 16 or 16A was previously found in 
Section .0501 and is now relocated to new Section .2617. The option to 
use Method 15 in certain circumstances is a new provision to this rule. 
Although Method 15 has a slightly different process of testing for 
reduced sulfur, the resulting conclusions are the same. Additionally, 
consistent with section 1.2.1 of Method 15 in the CFR, Section .2617 
provides that Method 15 may be used only as an alternative in certain 
specified sources, as described in the paragraph above, or where 
specified in other applicable federal subparts.
    EPA has reviewed this change and has preliminarily determined that 
the addition of Section .2617, including the addition of Method 15 for 
certain sources, is consistent with federal regulations. EPA is 
proposing to approve all changes in this section of this rulemaking 
pursuant to section 110 of the Act.

IV. Incorporation by Reference

    In this rule, 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, of the North Carolina SIP, Sections 
.0501--Compliance with Emission Control Standards, .0536--Particulate 
Emissions from Electric Utility Boilers, .2609--Particulate Testing 
Methods, .2610--Opacity, .2611--Sulfur Dioxide Testing Methods, and 
.2617--Total Reduced Sulfur, state effective June 1, 2008. 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).

V. Proposed Actions

    EPA is proposing to approve North Carolina's April 4, 2017, August 
22, 2017, and September 28, 2018, SIP revisions. Specifically, EPA is 
proposing to approve under Subchapter 2D of the North Carolina SIP, the 
adoption of new Sections .2609, .2610, .2611, and .2617, as well as 
amendments to existing Sections .0501 and .0536. EPA is proposing to 
approve these revisions under section 110 of the CAA, including section 
110(l), for the reasons stated above.\5\
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    \5\ Section 110(l) requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any 
other applicable requirement of the Act.
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VI. 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 do not 
impose additional requirements beyond those imposed by state law. For 
that reason, these proposed actions:
     Are not significant regulatory actions 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 Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions 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 economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions 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, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: December 21, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-01880 Filed 2-11-19; 8:45 am]
 BILLING CODE 6560-50-P