[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Proposed Rules]
[Pages 11695-11697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05979]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0760; FRL-9991-45-Region 4]


Air Plan Approval; North Carolina; Revision To Permit Term for 
Non-Title V Air Quality Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision provided by the 
State of North Carolina, through the North Carolina Department of 
Environmental Quality, Division of Air Quality (NCDAQ), on January 12, 
2018. The SIP revision makes changes to the State's combined 
construction and operating permit program for non-Title V sources. EPA 
is proposing to approve the revision to the North Carolina SIP because 
it is consistent with the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before April 29, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0760 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: Evan Adams of 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. Mr. Adams can be reached by telephone at (404) 562-9009, or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Analysis

    North Carolina has a SIP-approved construction and operating permit 
program at 15 North Carolina Administrative Code (NCAC) 02Q.0300--
Construction and Operation Permits.\1\ These regulations set forth the 
State's process for issuing combined construction and operating 
permits. They do not apply to Title V permits issued by NCDAQ. See 15A 
NCAC 02Q.0301(a).
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    \1\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02Q is referred 
to as ``Subchapter 2Q--Air Quality Permits.''
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    On January 12, 2018, NCDAQ submitted a SIP revision to 15 NCAC 
02Q.0308--Final Action on Permit Applications, which was state 
effective on January 1, 2015.\2\ The January 12, 2018, submittal 
requests minor typographical/administrative edits to 15 NCAC 02Q.0308. 
For example, the submittal fixes a grammar error in 15 NCAC 02Q.0308(b) 
by replacing the word ``which'' with the word ``that'' in the first 
sentence. In addition, the submittal changes the permit term (duration) 
for combined construction and operating permits from five years, or 
less as determined reasonable by the Director, to eight years. This 
permit term in Section .0308 affects only minor sources because sources 
subject to Title V (i.e., major sources) are subject to the separate 
operating permit term provisions of North Carolina's Title V program.
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    \2\ EPA received this SIP revision on February 2, 2018.
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II. EPA's Action

    In this action, EPA is proposing to approve changes to 02Q Section 
.0308, Final Action on Permit Applications, included in the January 12, 
2018, submittal. EPA has preliminarily concluded that the minor 
typographical/administrative edits are approvable because they do not 
alter the meaning of the rule, and that the revision to the permit term 
is approvable because it is not inconsistent with the Act, including 
the Agency's preconstruction review requirements at 40 CFR 51.160-164. 
EPA notes that the revision merely changes the duration of the permit 
from five years to eight years and does not affect any emission limits 
or other permit conditions. Thus, EPA does not believe the revision 
will interfere with any applicable requirement concerning attainment 
and reasonable further progress, or any other applicable requirement of 
the Act. EPA is accordingly proposing to approve the changes included 
in the January 12, 2018, submittal.

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 under Subchapter 02Q, Air Quality Permits of the North 
Carolina SIP, Section .0308, titled Final Action of Permit 
Applications, state effective January 1, 2015, which revises the permit 
renewal period for non-title V permits to eight years, and makes other 
administrative/typographical edits. 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

    EPA is proposing to approve the SIP revision submitted by the NCDAQ 
on January 12, 2018, consisting of changes to 15 NCAC 02Q.0308, state 
effective January 1, 2015. These changes modify the permit term for 
non-title V combined construction and operating permits and make other 
typographical/administrative edits.

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. 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);

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     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: March 18, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-05979 Filed 3-27-19; 8:45 am]
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