[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Proposed Rules]
[Pages 23272-23274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08500]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0638; FRL-10008-00-Region 4]


Air Plan Approval; North Carolina; Miscellaneous Permit 
Provisions Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of North Carolina, through the North Carolina Department of 
Environmental Quality, Division of Air Quality (DAQ), with letters 
dated September 18, 2009, September 16, 2016, and July 10, 2019. These 
SIP revisions amend several of North Carolina's rules regarding 
construction and operating permits. This action is being proposed 
pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before May 27, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0638 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Evan Adams, 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. What action is EPA proposing?

    North Carolina has a SIP-approved combined construction and 
operating permit program for minor sources, and the program's 
regulations include requirements for obtaining preconstruction and 
operating permits for different types of minor sources. The program 
covers ``true minor'' sources, which have the potential to emit (PTE) 
certain pollutants below major source thresholds for new sources and 
modifications. The SIP-approved minor source permitting program also 
includes provisions for issuing permits that establish federally 
enforceable emission limits to restrict the PTE of certain pollutants 
below major source and major modification applicability thresholds, 
referred to as ``synthetic minor'' sources in the North Carolina SIP. 
These program rules also specify exemptions from the requirement to 
obtain construction and operating permits.
    North Carolina's September 18, 2009,1 2 submittal 
revises rule 15A North Carolina Administrative Code (NCAC) 02Q .0304, 
Applications, to make clarifying and ministerial edits. The September 
16, 2016,3 4 submittal revises 15A NCAC 02D .0101, 
Definitions, and 15A NCAC 02Q .0101, Required Air Quality Permits; 
.0103, Definitions; and .0104, Where to Obtain and File Permit 
Applications, to make

[[Page 23273]]

clarifying and administrative updates.\5\ Finally, the July 10, 2019, 
submittal readopts, and makes clarifying and ministerial edits to, the 
following: 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, 
Definitions; .0104, Where to Obtain and File Permit Applications; 
.0105, Copies of Referenced Documents; .0106, Incorporation by 
Reference; .0107, Confidential Information; .0108, Delegation of 
Authority; .0109, Compliance Schedule for Previously Exempted 
Activities; .0110, Retention of Permit at Permitted Facility; and 
.0111, Applicability Determinations.\6\ These changes are discussed in 
detail in Section II of this notice.
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    \1\ EPA received the submittal on September 22, 2009.
    \2\ EPA received a supplemental submittal of corrected redline/
strikeout changes for 02Q Section .0304 on June 7, 2019. See the 
docket for this action.
    \3\ EPA received the submittal on October 4, 2016.
    \4\ EPA notes Section 02Q .0203,--``Permit and Application 
Fees'' was submitted as well. However, this Section is not approved 
into the SIP, and is not appropriate for the SIP. EPA will therefore 
not take action on this Section.
    \5\ North Carolina's September 16, 2016, submittal also removes 
Rule 02D Section .800, Complex Sources, and Rule 02Q Section .0600, 
Transportation Facilities Procedures. EPA previously approved this 
portion of the submittal on May 12, 2017 (82 FR 22086).
    \6\ EPA is only proposing action on these portions of North 
Carolina's July 10, 2019 submittal. EPA will act on other portions 
of that submittal in a separate action.
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    EPA has reviewed the proposed changes to the minor source 
construction and operating permitting regulations and preliminarily 
finds them to be consistent with CAA sections 110(a)(2)(C) and 110(l) 
and EPA's minor NSR regulations found at 40 CFR 51.160--164.

II. Analysis of North Carolina's Submittals

A. September 18, 2009, Submittal 7
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    \7\ At this time, EPA is not acting on changes to 02Q Section 
.0902 as submitted on September 18, 2009, and supplemented with a 
June 7, 2019, letter transmitting corrected redline/strikeout 
changes. EPA will take action on this portion of the submittal at a 
later date.
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    The September 18, 2009, submittal makes changes to Rule 15A NCAC 
02Q .0304, Applications, to make clarifying and ministerial updates to 
the required elements of applications for obtaining, modifying, or 
renewing a permit. Specifically, redundant language is removed and 
minor edits are made to clarify applicable provisions. Accordingly, EPA 
is proposing to approve these changes as minor clarifying amendments.

B. September 16, 2016, Submittal

    The September 16, 2016, submittal makes several rule changes. 
First, Subchapter 02D is revised at 15A NCAC 02D .0101, Definitions, to 
make ministerial edits throughout the rule, including changes to 
punctuation, numbering, and other minor language edits. Next, the 
submittal adds a definition for ``transportation facility,'' which 
notes that such a facility is a ``complex source,'' as defined by 
General Statutes, Article 21, Water and Air Resources, Sec.  143-213, 
Definitions at 213(22). North Carolina's SIP includes an identical 
definition in 02Q .0103, Definitions. EPA is preliminarily concluding 
that the inclusion of this definition in 02D .0101 is consistent with 
applicable CAA requirements.
    Next, 02Q .0101, Required Air Quality Permits, is changed to 
include ministerial edits at paragraph (a), including changes to 
punctuation and other minor language edits. Additionally, paragraph (b) 
is changed to remove ``Transportation Facility Construction Permits'' 
as a listed type of required permit. This type of permit was previously 
included in the North Carolina SIP under 02D Section .0800 and 02Q 
Section .0600, but those Sections have since been removed from the SIP. 
See 82 FR 22086 (May 12, 2017). As a result, EPA is proposing approval 
of this change to 02Q .0101.
    Finally, 02Q .0103, Definitions; and .0104, Where to Obtain and 
File Permit Applications, are revised to include ministerial edits 
throughout (e.g., changes to punctuation and other minor language 
edits) and to remove or revise language that previously cross-
referenced 02D Section .0800 and 02Q Section .0600. As described above, 
these changes are necessary to accurately reflect the current SIP 
requirements given the removal of 02D .0800 and 02Q .0600. EPA is 
proposing to approve these changes as minor clarifying amendments.

C. July 10, 2019, Submittal

    North Carolina's July 10, 2019, submittal makes several rule 
changes. First, the revision makes non-substantive and ministerial 
edits to the following: 15A NCAC 02Q .0101, Required Air Quality 
Permits; .0103, Definitions; .0104, Where to Obtain and File Permit 
Applications; .0107, Confidential Information; .0108, Delegation of 
Authority; .0109, Compliance Schedule for Previously Exempted 
Activities; .0110, Retention of Permit at Permitted Facility; and 
.0111, Applicability Determinations. For example, the proposed edits 
include changes to punctuation, numbering, and other minor language 
edits.
    In 15A NCAC 02Q .0105, Copies of Referenced Documents, DAQ updated 
the agency name and the addresses of offices for which reference 
documents can be located. Additionally, the changes to 15A NCAC 02Q 
.0106, Incorporation by Reference, replace the address where a copy of 
the CFR can be purchased to a link to the Government Printing Office 
where a digital copy of the CFR can be obtained for free. These 
ministerial updates will better serve the regulated community and the 
public.
    EPA views these changes in the July submittal as either non-
substantive or otherwise necessary to clarify applicability. Therefore, 
EPA proposes to find that the changes will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the Act, consistent 
with CAA section 110(l).

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 15A NCAC 02D .0101, Definitions, state effective January 1, 
2015; 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, 
Definitions; .0104, Where to Obtain and File Permit Applications; 
.0105, Copies of Referenced Documents; .0106, Incorporation by 
Reference; .0107, Confidential Information; .0108, Delegation of 
Authority; .0109, Compliance Schedule for Previously Exempted 
Facilities; .0110, Retention of Permit at Permitted Facility; and 
.0111, Applicability Determinations, state effective April 1, 2018; and 
15A NCAC 02Q .0304, Applications, state effective September 1, 2010. 
These changes are either non-substantive or otherwise necessary to 
clarify applicability. 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 changes described above to North 
Carolina's SIP submitted on September 18, 2009, September 16, 2016, and 
July 10, 2019.

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

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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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Authority:  42 U.S.C. 7401 et seq.

Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-08500 Filed 4-24-20; 8:45 am]
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