[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Proposed Rules]
[Pages 66296-66299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19837]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0186; FRL-10014-23-Region 4]


Air Plan Approval; North Carolina; Revisions to Construction and 
Operation Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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, Division of Air Quality 
(DAQ), on July 10, 2019. The SIP revision seeks to modify the State's 
construction and operation permitting regulations by making minor 
changes that do not significantly alter the meaning of the regulations. 
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 18, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0186 at https://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

[[Page 66297]]

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams, 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. Ms. Williams can be 
reached via telephone at (404) 562-9144, or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 10, 2019, the State of North Carolina submitted changes to 
the North Carolina SIP for EPA approval. EPA is proposing to approve 
changes to the following regulations under 15A North Carolina 
Administrative Code (NCAC) Subchapter 02Q,\1\ Section .0300, 
Construction and Operation Permits: Section .0301, Applicability; 
Section .0303, Definitions; Section .0304, Applications; Section .0305, 
Application Submittal Content; Section .0307, Public Participation 
Procedures; Section .0308, Final Action on Permit Applications; Section 
.0309, Termination, Modification and Revocation of Permits; Section 
.0310, Permitting of Numerous Similar Facilities; Section .0311, 
Permitting of Facilities at Multiple Temporary Sites; Section .0312, 
Application Processing Schedule; Section .0313, Expedited Application 
Processing Schedule; Section .0314, General Requirements for All 
Permits; Section .0315, Synthetic Minor Facilities; Section .0316, 
Administrative Permit Amendments; and Section .0317, Avoidance 
Conditions.\2\
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    \1\ 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.''
    \2\ The State submitted the SIP revision following the 
readoption of several air regulations, including .0301, .0303, 
.0304, .0305, .0307, .0308, .0309, .0310, .0311, .0312, .0313, 
.0314, .0315, .0316, and .0317, pursuant to North Carolina's 10-year 
regulatory readoption process at North Carolina General Statute 
150B-21.3A.
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II. Analysis of North Carolina's SIP Revision

    The revision that is the subject of this proposed rulemaking make 
changes to construction and operating permitting regulations under 
Subchapter 2Q of the North Carolina SIP. These changes revise the 
applicability of permit exemptions, permit application and processing 
procedures, and revise related definitions. EPA is proposing to find 
that the changes do not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable CAA requirement. Detailed descriptions of the changes are 
below:
    1. Section .0301, Applicability is revised to make clarifying edits 
to the rule text, such as reformatting the regulatory citations and 
minor wording changes. In addition, changes are made to reflect that 
owners or operators of sources required to have permits under 15A NCAC 
2Q Section .0300 (Construction and Operation Permits) are also subject 
to the requirements of 15A NCAC 2Q Section .0700 (Toxic Air Pollutant 
Procedures); these changes provide clarity that sources are subject to 
both regulations.
    2. Section .0303, Definitions is revised to update the definitions 
``modified facility,'' ``new facility,'' ``Title IV source,'' and 
``Title V source''; to add the definition of ``responsible official''; 
and to alphabetize the definitions in this section. The term ``modified 
facility'' is revised to make administrative updates to the rule text 
and reformat a sentence. In addition, minor wording changes are made to 
the definition of ``New facility.'' The terms ``Title IV source'' and 
``Title V source'' are revised to reformat the regulatory citations. 
The term ``Responsible official'' is added and defined in three 
subsections to include officials in different types of organizations: 
Corporations; partnerships or sole proprietorships; and government or 
public agencies. With respect to corporations, a responsible official 
is defined as a president, secretary, treasurer, or vice-president who 
is in charge of a principal business or any other person who performs 
similar policy or decision-making functions, or a duly-authorized 
representative of such person who meets certain criteria. With respect 
to partnerships or sole proprietorships, a responsible official is 
defined as a general partner or the proprietor, respectively. With 
respect to government or public agencies, a responsible official is 
defined as either a principal executive officer or ranking elected 
official; for purposes of a federal agency, a principal executive 
officer includes a chief executive officer having responsibility for 
overall operations of a principal geographic unit within the agency.
    3. Section .0304, Applications is revised to make minor, clarifying 
edits to punctuation, to reformat the regulatory citations, and to 
adjust capitalization. In addition, minor changes are made to require 
that certain permit applications be signed by the ``responsible 
official'' as defined in the new definition at Section .0303. Edits 
that add clarity include changing ``letter'' to ``application'' and 
removing now redundant language regarding the signing of permit 
application, including a list of persons who must sign permit 
applications, as the requirements for signature are now identified with 
the requirements for the particular type of permit application (see 
e.g., .0305(a)(1)(E)). 15A NCAC 02Q .0304(b)(3) is revised to require 
an applicant to use certain submission forms or systems to file 
emissions inventories. In addition, changes are made to remove 
duplicative language in .0304(d) (to remove language regarding 
applications for permit ownership change with no modifications) and 
.0304(j) (to remove language regarding signatures of application).
    4. Section .0305, Application Submittal Content is revised to state 
that applications are considered incomplete for processing instead of 
``returned'' if they do not contain specific required information and 
to allow for changes of ownership to be completed through a form 
provided by DAQ rather than by letter. This rulemaking is also 
proposing to amend minor changes, such as to revise the required number 
of copies needed for permit renewals, name changes, ownership changes, 
corrections of typographical errors and the application package. In 
addition, language is revised to clarify that if there is an ownership 
change and the seller and buyer choose to send notification letters to 
DAQ rather than the aforementioned form, the buyer and seller must sign 
such letters. Last, Section .0305 is revised to make minor clarifying 
edits; for example, to add punctuation, reformat regulatory citations, 
and update the regulation with defined terms instead of cross 
references.
    5. Section .0307, Public Participation Procedures is revised to 
remove the requirement to pay for copies of permitting documents, to 
make minor wording changes and punctuation updates, to correct 
typographical errors, and to reformat the regulatory citations 
contained in this section. The changes also remove a provision 
regarding a mailing list for air permit notices.
    6. Section .0308, Final Action on Permit Applications is revised to 
make minor changes, such as removing language specifying the type of 
document for name changes or ownership to reflect changes in 
.0305(a)(4), and to modify punctuation and wording. This rulemaking is 
also revised to include the state law citation that outlines guidelines 
for appeals of permit applications.

[[Page 66298]]

    7. Section .0309, Termination, Modification and Revocation of 
Permits is revised to make minor changes to the rule text including 
changes to punctuation, capitalization, and regulatory citation format. 
In addition, minor wording changes are made. Last, this section is 
revised to clarify the circumstances in which the DAQ Director may 
terminate, modify, or revoke a permit; and to clarify the requirement 
for a permittee to furnish records to the Director.
    8. Section .0310, Permitting of Numerous Similar Facilities is 
revised to remove unnecessary text. In addition, it makes minor 
clarifying edits to the rule text, such as simplifying the wording in a 
manner that does not change the requirements for such facilities or 
conditions under which the Director will issue single permits for more 
than one facility.
    9. Section .0311, Permitting of Facilities at Multiple Temporary 
Sites is revised to make minor clarifying edits to the rule text, such 
as simplifying the wording in a manner that does not change the 
requirements for issuing single permits authorizing emissions from a 
facility or source at multiple temporary sites.
    10. Section .0312, Application Processing Schedule is revised to 
make minor clarifying edits to the rule text, such as updating 
language, removing unnecessary language, reformatting regulatory 
citations, and altering punctuation. This section is updated to require 
the Director to cease processing permit applications when additional 
information is requested but not provided and when an application 
contains insufficient information to complete review; the changes also 
remove the schedule for processing certain requests for synthetic minor 
facility status.
    11. Section .0313, Expedited Application Processing Schedule is 
revised to make minor clarifying edits to the rule text, such as minor 
wording changes, removing unnecessary language, and reformatting 
regulatory citations and capitalization.
    12. Section .0314, General Requirements for All Permits is revised 
to revise the title from ``GENERAL PERMIT REQUIREMENTS'' to ``GENERAL 
REQUIREMENTS FOR ALL PERMITS.'' This section is also revised to make 
minor changes, such as punctuation changes, reformatting of regulatory 
citations, and clarifying edits.
    13. Section .0315, Synthetic Minor Facilities is revised to make 
minor clarifying edits to the rule text, such as reformatting the 
regulatory citations. In addition, changes are made to clarify that 
that North Carolina's Title V major source operating permit 
requirements are not applicable to synthetic minor permits, to clarify 
that the applicant may request to have permit restrictions added to the 
permit; to clarify that a modification to a permit to remove synthetic 
minor conditions must follow the procedures of North Carolina's Title V 
regulations or Section .0315, and to clarify that a synthetic minor 
permit is issued pursuant to Section .0315.
    14. Section .0316, Administrative Permit Amendments is revised to 
make minor clarifying edits to the rule text, such as updating 
punctuation. In addition, changes are made to the text of .0316(b)(2) 
to provide that the Director shall make administrative amendments using 
the criteria in paragraph (a) of the same rule.
    15. Section .0317, Avoidance Conditions is revised to make minor 
clarifying edits to the rule text, such as reformatting regulatory 
citations and stating that the Director may require monitoring, 
recordkeeping, and reporting necessary to assure compliance with the 
terms and conditions placed in a permit that includes an avoidance 
condition pursuant to Section .0317.
    EPA has preliminarily determined that the changes to the 
regulations above provide clarity to the applicability of permit 
exemptions, permit application and processing procedures, and 
definitions. The changes are minor changes that do not significantly 
alter the meaning of the regulations. The revisions to the SIP satisfy 
CAA section 110(l) and do not interfere with attainment and maintenance 
of the NAAQS or any other applicable requirement of the Act. Therefore, 
EPA is proposing approval of the changes to these regulations.

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 the following sections of 15A NCAC Subchapter 2Q with a 
state-effective date of April 1, 2018: Section .0301, Applicability; 
Section .0303, Definitions; Section .0304, Applications; Section .0305, 
Application Submittal Content; Section .0307, Public Participation 
Procedures; Section .0308, Final Action on Permit Applications; Section 
.0309, Termination, Modification and Revocation of Permits; Section 
.0310, Permitting of Numerous Similar Facilities; Section .0311, 
Permitting of Facilities at Multiple Temporary Sites; Section .0312, 
Application Processing Schedule; Section .0313, Expedited Application 
Processing Schedule; Section .0314, General Requirements for All 
Permits; Section .0315, Synthetic Minor Facilities; Section .0316, 
Administrative Permit Amendments; and Section .0317, Avoidance 
Conditions. These changes are proposed to revise the applicability of 
permit exemptions, revise permit application and processing procedures, 
and amend definitions. 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 North Carolina's July 10, 2019 SIP 
revision, which contains changes to the following regulations under 15A 
NCAC Subchapter 02Q, Section .0300, Construction and Operation Permits: 
Section .0301, Applicability; Section .0303, Definitions; Section 
.0304, Applications; Section .0305, Application Submittal Content; 
Section .0307, Public Participation Procedures; Section .0308, Final 
Action on Permit Applications; Section .0309, Termination, Modification 
and Revocation of Permits; Section .0310, Permitting of Numerous 
Similar Facilities; Section .0311, Permitting of Facilities at Multiple 
Temporary Sites; Section .0312, Application Processing Schedule; 
Section .0313, Expedited Application Processing Schedule; Section 
.0314, General Requirements for All Permits; Section .0315, Synthetic 
Minor Facilities; Section .0316, Administrative Permit Amendments; and 
Section .0317, Avoidance Conditions. The proposed changes are 
consistent with the CAA.

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

[[Page 66299]]

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, 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 1, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-19837 Filed 10-16-20; 8:45 am]
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