[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23725-23727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10724]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0454; FRL-9993-97-Region 4]


Air Plan Approval; NC; Permitting 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 a portion 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, through a letter dated 
March 24, 2006. The revision includes changes to permitting 
regulations. The revision is 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: This rule is effective June 24, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0454. 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 and Radiation Division (formerly the 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: Andres Febres, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-8966. Mr. Febres can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Through a letter dated March 24, 2006, the State of North Carolina, 
through NCDENR, submitted several changes to the North Carolina SIP for 
EPA approval. EPA is taking final action to approve changes to the 
following regulations: 15A North Carolina Administrative Code (NCAC) 
02Q Sections .0101, Required Air Quality Permits, and .0301, 
Applicability.1 2 EPA has taken, will take, or will not take 
separate action on all other changes submitted on March 24, 2006.\3\
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    \1\ EPA received this SIP submittal on April 4, 2006.
    \2\ 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.''
    \3\ On July 18, 2017, EPA took direct final action on changes to 
15A NCAC 02D Sections .0101, .0103, .0810, .1902, .1903, and 15A 
NCAC 2Q Sections .0103, .0105, .0304, .0305, .0808 and .0810. See 82 
FR 32767. EPA will be taking separate action on changes to 15A NCAC 
02D Sections .1904 and .2001. EPA will not be taking action on 
changes to 15A NCAC 2D Section .1201 because this rule pertains to 
incinerators and addresses emission guidelines under CAA sections 
111(d), 129, and 40 CFR part 60 and is not a part of the federally-
approved SIP. EPA will also not be taking action on changes to 
Regulation 15A NCAC 02D Section .1401, because these were withdrawn 
by NCDEQ on June 5, 2017. Finally, changes to two regulations, 15A 
NCAC 02Q Sections .0508 and .0523, will not be acted on because 
these rules are part of North Carolina's title V permitting program 
and are not a part of the SIP.
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    Specifically, 2Q Sections .0101, Required Air Quality Permits, and 
.0301, Applicability, have been amended to reflect the changes to the 
North Carolina General Statutes regarding construction to allow 
additional preconstruction activities for minor sources, and an 
exception has been added in both sections to allow certain 
preconstruction activities prior to obtaining a final minor 
construction permit. 2Q Section .0101 has also been revised to remove a 
prohibition on entering into irrevocable contracts for the 
construction, operation, or modification of air cleaning devices. EPA 
has determined that allowing the foregoing changes are consistent with 
the requirements of CAA sections 110(a)(2)(C) and 110(l) and federal 
regulations at 40 CFR 51.160-51.164.
    In a notice of proposed rulemaking (NPRM) published on February 14, 
2019 (84 FR 4019), EPA proposed to approve the aforementioned revisions 
to the North Carolina SIP. The NPRM provides additional detail 
regarding the background and rationale for EPA's action. Comments on 
the NPRM were due on or before March 18, 2019. EPA received no relevant 
comments on the proposed action.

II. 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 finalizing the incorporation by reference of regulations 
under Subchapter 2Q, Air Quality Permits. Specifically, EPA is 
incorporating Section .0101, Required Air Quality Permits, under .0100, 
General Provisions, and Section .0301, Applicability, under .0300, 
Construction and Operating Permits, which both have a state effective 
date of December 1, 2005. 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 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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    \4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve revisions to 15A NCAC 02Q 
Section .0101, Required Air Quality Permits, and Section .0301, 
Applicability, in the North Carolina SIP submitted by the State of 
North Carolina on March 24, 2006, pursuant to section 110 because these 
changes are not inconsistent with the CAA and EPA's regulations. 
Changes to the other sections in this submission have been or will be 
processed in a separate action, as appropriate, for approval into the 
North Carolina SIP.

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IV. 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 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 22, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

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.

    Dated: May 10, 2019.
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. In Sec.  52.1770, paragraph (c)(1) is amended by revising the 
entries ``Section .0101'' and ``Section .0301'' to read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA Approved North Carolina Regulations
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                                                        State        EPA approval
        State citation            Title/subject    effective date        date                Explanation
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                                                  * * * * * * *
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                                        Subchapter 2Q Air Quality Permits
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                                        Section .0100 General Provisions
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Section .0101.................  Required Air            12/1/2005  5/23/2019,
                                 Quality Permits.                   [insert Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
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                                Section .0300 Construction and Operating Permits
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Section .0301.................  Applicability....       12/1/2005  5/23/2019,
                                                                    [insert Federal
                                                                    Register
                                                                    citation].

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[FR Doc. 2019-10724 Filed 5-22-19; 8:45 am]
BILLING CODE 6560-50-P