[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Proposed Rules]
[Pages 8654-8657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04383]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0422; FRL-9990-68-Region 4]
Air Plan Approval; NC; Emission Control Standards, Open Burning,
and 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 a revision to the North Carolina State
Implementation Plan (SIP) submitted by the State of North Carolina
through the North Carolina Department of Environmental Quality
(formerly the North Carolina Department of Environment and Natural
Resources (NCDENR)), Division of Air Quality, on January 31, 2008. The
revision includes changes to emission control standards and open
burning regulations. The changes are part of North Carolina's strategy
to meet and maintain the national ambient air quality standards
(NAAQS). This action is being taken pursuant to the Clean Air Act (CAA
or Act) and its implementing regulations.
DATES: Comments must be received on or before April 10, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0422 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: Nacosta C. Ward, 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. Ward can be reached via telephone at (404) 562-9140, or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 31, 2008, the State of North Carolina, through
NCDENR,\1\ submitted changes to the North Carolina SIP for EPA
approval. EPA is proposing to approve changes to the following
regulations under 15A North Carolina Administrative Code (NCAC) 02D,
Section .0519, Control of Nitrogen Dioxide and Nitrogen Oxides
Emissions; Section .0540, Particulates From Fugitive Non-Process Dust
Emissions; and Section .1907, Multiple Violations Arising From a Single
Episode.\2\ These changes are a part of North Carolina's strategy to
attain and maintain the NAAQS and are being proposed for approval
pursuant to section 110 of the CAA. EPA has taken, will take, or, for
various reasons, will not take separate action on all other changes
submitted on January 31, 2008.\3\
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\1\ NCDENR is now the North Carolina Department of Environmental
Quality.
\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.''
\3\ On February 5, 2015 (80 FR 6455), EPA took final action on
2D Section .1004. On July 18, 2017 (82 FR 32767), EPA took direct
final action on 2D Sections .1901, .1902 and .1903. EPA will be
taking separate action on 15A NCAC Sections 2D .1904 and 2Q .0102.
EPA is not taking action on 2D Sections .0516 and .0521, because the
changes to these rules reference incinerator rules under CAA
sections 111(d) and 129 and 40 CFR part 60 and are not a part of the
federally-approved SIP. EPA is not taking action on changes to 2Q
Section .0506 because the changes reference a regulation not
approved into the SIP. Lastly, EPA is not taking action on changes
to 2D Sections .0524, .0960, .1201, .1202, .1208, .1211, and .2303
because the State withdrew these regulations from its January 31,
2008, submittal.
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II. Analysis of the State Submittals
The revision that is the subject of this proposed rulemaking makes
changes to emission control standard regulations under Subchapter 2D of
the North Carolina SIP. These changes revise the applicability of
nitrogen dioxide (NO2) and nitrogen oxides emissions
standards to nitric acid plants, amend definitions and expand the
applicability of provisions related to fugitive dust emissions, and add
a new open burning rule for multiple violations that can occur from a
single open burning event. The changes either do not interfere with
attainment and maintenance of the NAAQS or they have the effect of
strengthening the North Carolina SIP. Detailed descriptions of the
changes are below:
1. Section .0519, Control of Nitrogen Dioxide and Nitrogen Oxides
Emissions is amended by removing the provision to limit NO2
emissions from nitric acid manufacturing plants. This regulation covers
existing nitric acid manufacturing plants only, and the provision
limiting NO2 emissions from sulfuric acid manufacturing
plants remains unchanged. The provision limiting NO2
emissions from existing nitric acid manufacturing plants is removed
because at the time of the regulations changes there were no nitric
acid plants in the State (nor are there any currently operating in the
State). Section .0519 is also amended by adding a provision clarifying
that boilers subject to emission standards under regulations under
Subchapter 2D of the North Carolina SIP, Sections .0524, New Source
Performance Standards or .1418, New Generating Units, Large Boilers and
Internal Combustion Engines, must meet the requirements of those
regulations instead of the requirements in Section .0519. To
demonstrate that this change does not interfere with the maintenance
and attainment of the NAAQS, North Carolina submitted a noninterference
demonstration supporting this change to its SIP on April 11, 2017.\4\
North Carolina confirmed in its noninterference demonstration that
there are currently no nitric acid plants operating in the State, and
any new nitric acid plants with affected boilers or engines will be
required to comply with the New Source Performance Standards or new
generating units, large boilers and internal combustion engines
Sections at .0524 and .1418 that are more stringent than the standards
being removed. EPA is proposing to find that the rationale in North
Carolina's noninterference demonstration sufficiently establishes that
the revisions to Section .0519 will not interfere with attainment and
maintenance of the NAAQS pursuant to CAA section 110(l).\5\
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\4\ This noninterference demonstration is a part of the docket
for this action.
\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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2. Section .0540, Particulates From Fugitive Non-Process Dust
Emissions is amended to make the Section applicable to all fugitive
dust emissions instead of only fugitive non-process dust emissions.
Section .0540 requires that the owner or operator of a facility shall
not cause or allow fugitive dust emissions to cause or contribute to
substantive complaints or visible emissions in excess of prescribed
levels. Preliminarily, EPA views the expanded applicability of Section
.0540 as SIP strengthening. To effectuate this expanded applicability,
the substitution
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of the term ``fugitive non-process dust emissions'' with ``fugitive
dust emissions'' has been made throughout the Section to reflect this
change. Other changes to this regulation are as follows:
The title has been changed from ``Particulates From
Fugitive Non-Process Dust Emissions'' to ``Particulates From Fugitive
Dust Emission Sources;''
The term ``fugitive non-process dust emissions'' has been
modified to eliminate ``non-process,'' and the corresponding definition
has been modified;
The terms ``excess fugitive dust emissions,'' ``production
of crops,'' and ``public parking,'' along with definitions thereof,
have been added, and the definitions have been renumbered to reflect
these additions;
A provision clearly identifying certain activities that
are excluded from the regulation's expanded applicability has been
added under paragraph (b). These activities include: Abrasive blasting
covered under Subchapter 2D Section .0541; cotton ginning operations
covered under Subchapter 2D Section .0542; non-production military base
operations; land disturbing activities; and public roads, public
parking, timber harvesting, or production of crops. As a preliminary
matter, EPA believes the exclusion of these activities from the
expanded applicability of .0540 does not result in the North Carolina
SIP being less stringent. This is because, in the current North
Carolina SIP, these activities are already not subject to the
requirements of Section .0540 due to the fact that applicability of the
current SIP-approved regulation is limited to non-process fugitive dust
emissions from only four specified source categories and the activities
now proposed for explicit exclusion in the new version of the
regulation were effectively excluded under the old regulation.
The requirements related to substantive complaints
regarding fugitive dust emissions from facilities have been revised to
provide clarity to the requirements that an owner or operator must meet
in order to comply with the regulation. The regulation is amended by
adding an objective method (reference method 22) for determining
opacity at the property boundary to assist inspectors in application of
the regulation. The regulation is also amended to include the processes
that need to be followed when excess fugitive emissions substantive
complaints are received.
As noted above, the current SIP-approved version of Section .0540
applies to only four source categories that reference regulation
Section .0540 regarding control of non-process fugitive dust emissions:
Section .0506, Hot Mix Asphalt Plants; Section .0509, Mica or Feldspar
Processing Plants; Section .0510, Sand, Gravel, or Crushed Stone
Operations; and Section .0511, Light Weight Aggregate Processes. The
amendments to the regulation now expand its applicability to require
sources with no permit, and that are not subject to one of the
aforementioned four categories, to abate fugitive dust that is due to
poor collection and/or control systems or non-process fugitive
emissions. The focus of the regulation is no longer limited to non-
process fugitive emissions, and the amendments eliminate any
differentiation between fugitive non-process and fugitive process
emissions.
The other major change to the regulation includes the addition of
reference method 22 for visible emissions determination. Compliance
with the regulation was previously determined by the presence of
physical evidence to verify a complaint (i.e., dust that must be
attributed solely to a source). The addition of reference method 22
allows an inspector to determine compliance based on any opacity at the
property boundary that occurs more than six minutes in an hour and
includes all fugitive dust. The amendments also include the processes
that need to be followed when excess fugitive emissions or two (or
more) substantive complaints are received. The amendment requires
immediate abatement measures for identified fugitive dust emission
sources within 30 days and permanent plans for fugitive dust abatement
within 90 days (60 days from the first report).
EPA has preliminarily determined that the changes to Section .0540
have the effect of strengthening the SIP by covering both process and
non-process fugitive dust from facilities subject to an emission
standard or a permit, whereas the current SIP-approved version of the
regulation applies only to non-process fugitive dust from four source
categories. EPA also believes, as a preliminary matter, that the
amendments related to the specified exclusions do not make the SIP less
stringent because the excluded activities were already effectively
excluded under the old regulation. The changes also provide clarity to
definitions, exclusions, and the requirements applicable to substantive
complaints. For the reasons noted above, EPA is proposing approval of
the changes to this regulation and proposing to find that these
amendments to Section .0540 and the revisions to the SIP satisfy CAA
section 110(l) and do not interfere with attainment and maintenance of
the NAAQS or any other applicable requirement of the Act.
3. Section .1907, Multiple Violations Arising From a Single Episode
is a new open burning regulation being added to the North Carolina SIP.
North Carolina added this provision to allow assessment of multiple
civil penalties with respect to a single open burning event because
multiple violations may occur during a single episode. EPA believes, as
a preliminary matter, that this new regulation is SIP-strengthening and
on this basis EPA is proposing approval of North Carolina's request to
add this regulation to its SIP.
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 the North Carolina regulations under Subchapter 2D Air
Pollution Control Requirements, Section .0519, Control of Nitrogen
Dioxide and Nitrogen Oxides Emissions; Section .0540, Particulates From
Fugitive Dust Emission Sources; and Section .1907, Multiple Violations
Arising from a Single Episode, which had a state effective date of July
1, 2007. These changes are proposed to revise the applicability of
NO2 and nitrogen oxides emissions standards to nitric acid
plants, amend definitions and the applicability of provisions related
to fugitive dust emissions, and add a new open burning rule for
multiple violations that can occur from a single open burning event.
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
For the reasons described above, EPA is proposing to approve the
aforementioned changes to the North Carolina SIP submitted by the State
of North Carolina on January 31, 2008, pursuant to section 110 because
these changes are consistent with 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,
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provided that 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:
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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 25, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-04383 Filed 3-8-19; 8:45 am]
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