[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Rules and Regulations]
[Pages 31739-31741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14136]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0760; FRL-9995-85-Region 4]


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

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 State Implementation Plan (SIP) revision provided 
by the State of North Carolina, through the North Carolina Department 
of Environmental Quality, Division of Air Quality (DAQ), 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: This rule is effective August 2, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2018-0609. 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: Evan Adams of the Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9009. Mr. Adams can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is taking final action to approve changes to the North Carolina 
SIP that were provided to EPA through a letter dated January 12, 
2018.\1\ EPA is finalizing approval of the portions of this SIP 
revision that make changes to 15 North Carolina Administrative Code 
(NCAC) 02Q.0300--Construction and Operation Permits.\2\ 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 DAQ. See 15A NCAC 02Q.0301(a). 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 of the rule 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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    \1\ EPA notes that the Agency received the SIP revision on 
February 2, 2018.
    \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.''
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    In a notice of proposed rulemaking (NPRM) published on March 28, 
2019 (84 FR 11695), EPA proposed to approve the aforementioned changes 
to 15 NCAC 02Q .0308 in the North Carolina SIP, which make 
typographical/administrative edits to the rule. The NPRM provides 
additional details regarding EPA's action. Comments on the NPRM were 
due on or before April 29, 2019. EPA received no comments on the 
proposed action and is now taking final action to approve the above-
referenced revision.

II. Incorporation by Reference

    In this document, 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 under Subchapter 
2Q, Air Quality Permits of the North Carolina SIP, Section .0308, 
entitled Final Action on Permit Applications, state effective January 
1, 2015. 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.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve changes to the North Carolina 
SIP that were provided to EPA through a letter dated January 12, 2018. 
Specifically, EPA is approving 15 NCAC 02Q .0308 to modify the permit 
term for non-title V combined construction and operating permits and 
make other typographical/administrative edits. These rule changes are 
consistent with the CAA and its implementing regulations, and will not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 7501 of the Act). 
See 42 U.S.C. 7410(l).

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

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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 September 3, 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: June 7, 2019.
Mary S. Walker,
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, the table in paragraph (c)(1) is amended under 
Subchapter 2Q Air Quality Permits, Section .0300 Construction and 
Operating Permits by revising the entry for ``Section .0308'' 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 date              EPA approval date                      Explanation
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                                                                      * * * * * * *
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                                                            Subchapter 2Q Air Quality Permits
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                                                                      * * * * * * *
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                                                    Section .0300 Construction and Operating Permits
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                                                                      * * * * * * *
Section .0308.....................  Final Action on Permit              1/1/2015  07/3/2019, [Insert citation of            ............................
                                     Applications.                                 publication]
 
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[FR Doc. 2019-14136 Filed 7-2-19; 8:45 am]
 BILLING CODE 6560-50-P