[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Proposed Rules]
[Pages 65013-65015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22139]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0344; FRL-10015-12-Region 4]


Air Plan Approval; North Carolina: Permits Requiring Public 
Participation

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 submitted by the 
State of North Carolina, through the North Carolina Department of 
Environmental Quality (NCDEQ), Division of Air Quality, on July 10, 
2019. This SIP revision seeks to modify the State's permitting program 
public participation procedures by adding two types of minor source 
permits to the list of permits that must undergo public participation 
and by making minor edits. EPA is proposing to approve this revision 
pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before November 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0344 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: D. Brad Akers, 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. Mr. Akers can be 
reached via electronic mail at [email protected] or via telephone at 
(404) 562-9089.

SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?

    North Carolina has SIP-approved permitting regulations at 15A North 
Carolina Administrative Code (NCAC) Subchapter 02Q, Section .0300--
Construction and Operation Permits. These regulations include 
requirements for obtaining certain construction and operating permits, 
including applicability provisions and administrative procedures. 
NCDEQ's July 10, 2019, SIP revision seeks to make changes to the SIP-
approved list of construction and operating permits which are required 
to undergo public participation at Section .0306, Permits Requiring 
Public Participation. The list in Section .0306 includes major source 
permits as well as certain types of minor source permits.

II. Analysis of the State's Submittal

    NCDEQ's July 10, 2019, SIP revision transmits changes to Section 
.0306, Permits Requiring Public Participation.\1\ As described below, 
the changes to Section .0306 add two types of permits subject to public 
participation and make

[[Page 65014]]

several minor edits, including the removal of obsolete regulatory 
references. The permits listed in Section .0306 must undergo public 
notice for comments with the opportunity for the public to request a 
public hearing. Pursuant to Section .0307(d), Public Participation 
Procedures, the public comment period for these permits must last for 
at least 30 days.
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    \1\ The State submitted the SIP revision following the 
readoption of several air regulations, including .0306, pursuant to 
North Carolina's 10-year regulatory readoption process at North 
Carolina General Statute 150B-21.3A.
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    The July 10, 2019, SIP revision adds two types of permits to the 
list of permits which must undergo public participation. First, 
.0306(a)(10) is added, which requires public notice of permits for 
sources seeking an exemption from the 20 percent opacity standard in 
paragraph (d) of 15A NCAC 02D .0521, Control of Visible Emissions, 
through the process at Section .0521, paragraph (f). Under paragraph 
(f), a source can comply with the 40 percent opacity standard in 
paragraph (c) instead of the 20 percent opacity standard in paragraph 
(d) only if the owner or operator of the source: (1) Demonstrates 
compliance with applicable mass emissions standards for particulate 
matter; (2) demonstrates that emissions allowed up to the opacity 
standards under paragraph (c) will not violate any National Ambient Air 
Quality Standards, and (3) applies for a revised permit. Paragraph (f) 
also requires that source testing be submitted within 90 days of the 
application for a revised permit.
    Next, the SIP revision adds .0306(a)(11), which requires public 
notice of permits for sources using alternative monitoring procedures 
or methodologies pursuant to 15A NCAC 02D .0606, Sources Covered by 
Appendix P of 40 CFR part 51,\2\ at paragraph (g) \3\ or .0608, Other 
Large Coal or Residual Oil Burners, at paragraph (g).\4\
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    \2\ EPA's regulations at 40 CFR part 51, Appendix P, Minimum 
Emission Monitoring Requirements, set minimum continuous emissions 
monitoring requirements for the following source categories unless 
they are subject to a performance standard at 40 CFR part 60, or in 
limited other circumstances: (1) Fossil fuel-fired steam generators; 
(2) fluid bed catalytic cracking units; (3) sulfuric acid plants; 
and (4) nitric acid plants.
    \3\ The SIP-approved version of Section .0606(g) states that the 
``owner or operator of the source may request to use a different 
procedure or methodology than that required by this Rule if one of 
the conditions identified in 40 CFR part 51, Appendix P, Section 3.9 
exists. The person requesting to use a different procedure or 
methodology shall submit the request to the Director along with a 
description of the different procedure or methodology proposed to be 
used, an explanation of why the procedure or methodology required by 
this Rule will not work, and a showing that the proposed procedure 
or methodology is equivalent to the procedure or methodology being 
replaced. The Director shall approve the use of this procedure or 
methodology if he finds that one of the conditions identified in 40 
CFR part 51, Appendix P, Section 3.9 exists, that the procedure or 
methodology required by this Rule will not work, and that the 
proposed procedure or methodology is equivalent to the procedure or 
methodology that it will replace.''
    \4\ The SIP-approved version of Section .0608(g) states that the 
``owner or operator of the source may request to use a different 
procedure or methodology than that required by this Rule if one of 
the conditions identified in 40 CFR part 51, Appendix P, Section 3.9 
exists. The person requesting to use a different procedure or 
methodology shall submit the request to the Director along with a 
description of the different procedure or methodology proposed to be 
used, an explanation of why the procedure or methodology required by 
this Rule will not work, and a showing that the proposed procedure 
or methodology is equivalent to the procedure or methodology being 
replaced. The Director shall approve the use of this procedure or 
methodology if he finds that one of the conditions identified in 40 
CFR part 51, Appendix P, Section 3.9 exists, that the procedure or 
methodology required by this Rule will not work, and that the 
proposed procedure or methodology is equivalent to the procedure or 
methodology that it will replace.''
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    The SIP revision also contains minor edits to .0306,\5\ including 
removal of obsolete cross-references to rules in the list of permits 
subject to public participation and renumbering the SIP-approved 
version of subparagraph (a)(10) to (a)(12).6 7
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    \5\ North Carolina's April 1, 2018 rule revision also removed 
paragraph (b) from the state-effective version of the rule. This 
paragraph required a 30-day public notice period for permits that 
placed a physical or operational limitation on a facility to avoid 
title V requirements under 15 NCAC 02Q 0500. Furthermore, the 
revised rule renumbered paragraph (c) of the state-effective version 
of the rule to paragraph (b). However, these changes are not before 
EPA for action because (1) the version of paragraph (b) that the 
State removed in the April 1, 2018 rule revision is not in the SIP, 
and (2) the version of paragraph (b) in the SIP is identical to the 
version of paragraph (b) in the April 1, 2018 rule. See 67 FR 64990 
(October 22, 2002).
    \6\ North Carolina deleted the reference to paragraph (c)(2)(B) 
of 15A NCAC 02D .1204, Sewage Sludge Incinerators, because the State 
removed (c)(2)(B) from the rule. The State had previously required 
permits issued under paragraph (c)(2)(B) to undergo public 
participation because that paragraph allowed incinerators subject to 
the rule comply with an alternative emission limit in lieu of the 
operation-based limitation in (c)(1)(A) if the owner or operator 
provided a demonstration that the ambient air quality standards for 
particulate matter would not be violated. There is no longer an 
option to comply with the alternative emission limit, and therefore, 
the reference is obsolete.
    \7\ North Carolina deleted the reference to 15A NCAC 02D .0936, 
Graphic Arts, because the State repealed this rule and superseded it 
with new rules. Accordingly, North Carolina updated 02Q .0306 to 
reference the replacement rules at 15A NCAC 02D .0961, Offset 
Lithographic Printing and Letterpress Printing, and 15A NCAC 02D 
.0965, Flexible Package Printing such that public participation is 
required for permits with a ``limitation on the quantity of solvent-
borne ink that may be used by a printing unit or printing system'' 
under .0961 or .0965.
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    EPA is proposing to approve the two additions to the list of 
permits requiring public participation pursuant to CAA section 110 as a 
SIP-strengthening measure and 40 CFR 51.161. EPA is proposing to 
approve the remaining changes to Section .0306 because they are minor 
edits that do not interfere with attainment and maintenance of the 
NAAQS or any other applicable requirement of the Act.

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 Subchapter 02Q, Section .0306, Permits Requiring 
Public Participation, state effective April 1, 2018, which expands the 
types of permits which require public participation and makes minor 
edits to the rule. 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 revisions to 15A NCAC 02Q .0306, 
Permits Requiring Public Participation, that add two types of permits 
to the list of permits that must undergo public participation and make 
minor edits, including the removal of obsolete regulatory references. 
EPA is proposing to approve these changes for the reasons discussed 
above.

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.);

[[Page 65015]]

     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, 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: September 30, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-22139 Filed 10-13-20; 8:45 am]
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