[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Rules and Regulations]
[Pages 33850-33853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14879]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0422; FRL-9996-43-Region 4]
Air Plan Approval; NC; Emission Control Standards, Open Burning,
and Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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
[[Page 33851]]
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 August 15, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0422. 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, U.S. Environmental Protection Agency, Region 4, 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
On January 31, 2008, the State of North Carolina, through
NCDENR,\1\ submitted changes to the North Carolina SIP for EPA
approval. EPA is taking final action 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 Emission Sources; 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 approved
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\
---------------------------------------------------------------------------
\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 proposed changes reference a regulation
not approved into the SIP and which is being repealed by North
Carolina. 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.
---------------------------------------------------------------------------
The revisions that are the subject of this final action make
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,
including renaming the rule to eliminate the word ``non-process''; 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. In a notice of proposed
rulemaking (NPRM) published on March 11, 2019 (84 FR 8654), 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
April 10, 2019. EPA received one comment on the proposed action, but it
is not germane to the proposed action. That comment is discussed below.
II. Response to Comments
EPA received one comment, which addresses portions of North
Carolina's submittal on which EPA is not acting in this rulemaking. The
comment concerns changes to 15A NCAC 02D .0521 and .1201, as well as
the adoption of 15A NCAC 02D .1211. As explained herein and in the
NPRM, see 84 FR at 8655 n.3, those NCAC provisions are not the subject
of this rulemaking, and EPA is not taking action on changes to them.
Therefore, the comment is not relevant to this action.
III. 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 state
regulations under Subchapter 2D Air Pollution Control Requirements,
Section .0519, Control of Nitrogen Dioxide and Nitrogen Oxides
Emissions; and Section .1907, Multiple Violations Arising from a Single
Episode, which have a state effective date of July 1, 2007; as well as
Section .0540, Particulates From Fugitive Dust Emission Sources, which
has as effective date of August 1, 2007. 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 SIP, 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\
---------------------------------------------------------------------------
\4\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
For the reasons described above, EPA is taking final action to
approve the aforementioned changes to the North Carolina SIP submitted
by the State of North Carolina on January 31, 2008, pursuant to CAA
section 110 because these changes are consistent with the CAA. Changes
to the other sections in these submissions have been or will be
processed in a separate action, as appropriate, for approval into the
North Carolina SIP.
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
[[Page 33852]]
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 September 16, 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 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 2D Air Pollution Control Requirements by:
0
a. Revising the entries for ``Section .0519'' and ``Section .0540'';
and
0
b. Adding an entry for ``Section .1907'' in numerical order.
The revisions and addition read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section .0519.............. Control of 7/1/2007 7/16/2019 [Insert
Nitrogen Dioxide citation of
and Nitrogen publication].
Oxides Emissions.
* * * * * * *
Section .0540.............. Particulates from 8/1/2007 7/16/2019 [Insert
Fugitive Dust citation of
Emission Sources. publication].
[[Page 33853]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section .1907.............. Multiple 7/1/2007 7/16/2019 [Insert
Violations citation of
Arising from a publication].
Single Episode.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-14879 Filed 7-15-19; 8:45 am]
BILLING CODE 6560-50-P