[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Proposed Rules]
[Pages 68026-68029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23660]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0613; FRL-10015-83-Region 4]


Air Plan Approval; NC: Revisions to Annual Emissions Reporting

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, Division of Air Quality (DAQ), on July 10, 2019. 
The SIP revision seeks to modify the State's annual emissions reporting 
regulation by removing the annual emissions reporting requirement for 
certain non-Title V facilities in geographic areas that have been 
redesignated to attainment for the 1979 1-hour ozone national ambient 
air quality standards (``NAAQS'' or ``standards'') and in the areas 
listed in the rule that have been redesignated to attainment for the 
1997 8-hour ozone

[[Page 68027]]

NAAQS, with the exception of the geographic areas that have been 
redesignated to attainment for the 2008 8-hour ozone NAAQS. The SIP 
revision also makes minor changes that do not significantly alter the 
meaning of the regulation. 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 27, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0613 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: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In 1979, EPA promulgated a NAAQS for ozone, setting the standard at 
0.12 parts per million (ppm) averaged over a 1-hour time frame. See 44 
FR 8202 (February 8, 1979). In 1997, EPA promulgated a revised NAAQS 
for ozone, setting the standard at 0.08 ppm averaged over an 8-hour 
time frame. See 62 FR 38856 (July 18, 1997).\1\ In 2008, EPA revised 
the level of the 8-hour ozone standard to 0.075 ppm. See 73 FR 16436 
(March 27, 2008). The promulgation of a new or revised NAAQS triggers a 
CAA requirement for EPA to designate as nonattainment any area that 
violates the NAAQS or contributes to a violation in a nearby area.
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    \1\ EPA has revoked the 1979 and 1997 ozone standards. See 69 FR 
23951 (April 30, 2004) and 80 FR 12264 (March 6, 2015), 
respectively.
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    On November 6, 1991, EPA published designations and classifications 
for the 1979 1-hour ozone NAAQS.\2\ See 56 FR 56694. EPA initially 
published designations and classifications for the revised 1997 8-hour 
and revised 2008 8-hour ozone standards on April 30, 2004 (69 FR 23858) 
and May 21, 2012 (77 FR 30088), respectively. The geographic areas 
designated as nonattainment in North Carolina for the 1997 8-hour ozone 
standard included the Charlotte-Gastonia-Rock Hill, NC-SC Area (the 
North Carolina portion is hereinafter the ``1997 Charlotte Area'').\3\ 
The geographic areas designated as nonattainment in North Carolina for 
the 2008 ozone standard are part of an area known as the Charlotte-Rock 
Hill, NC-SC Area (the North Carolina portion is hereinafter the ``2008 
Charlotte Area'').\4\ EPA redesignated North Carolina's 1979 ozone 
nonattainment areas to attainment in a series of actions from 1993 to 
1995,\5\ redesignated the 1997 Charlotte Area to attainment on December 
2, 2013 (78 FR 72036), and redesignated the 2008 Charlotte Area to 
attainment on July 28, 2015 (80 FR 44873).
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    \2\ EPA designated the following geographic areas in North 
Carolina as nonattainment for the 1979 ozone standard: Davidson, 
Durham, Forsyth, Gaston, Guilford, Mecklenburg, and Wake Counties, 
the Dutchville Township in Granville County, and that part of Davie 
County bounded by the Yadkin River, Dutchmans Creek, North Carolina 
Highway 801, Fulton Creek and back to the Yadkin River.
    \3\ The geographic areas designated as nonattainment in North 
Carolina for the 1997 ozone standard included all geographic areas 
designated as nonattainment for the 1979 ozone standard as well as 
additional areas. The 1997 Charlotte Area consists of Cabarrus, 
Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson 
Township and Coddle Creek Township in Iredell County.
    \4\ The 2008 Charlotte Area is a subset of the 1997 Charlotte 
Area and consists of Central Cabarrus Township, Concord Township, 
Georgeville Township, Harrisburg Township, Kannapolis Township, 
Midland Township, Mount Pleasant Township, New Gilead Township, 
Odell Township, Poplar Tent Township, and Rimertown Township in 
Cabarrus County; Crowders Mountain Township, Dallas Township, 
Gastonia Township, Riverbend Township, and South Point Township in 
Gaston County; Davidson Township and Coddle Creek Township in 
Iredell County; Catawba Springs Township, Ironton Township, and 
Lincolnton Township in Lincoln County; Atwell Township, China Grove 
Township, Franklin Township, Gold Hill Township, Litaker Township, 
Locke Township, Providence Township, Salisbury Township, Steele 
Township, and Unity Township in Rowan County; and Goose Creek 
Township, Marshville Township, Monroe Township, Sandy Ridge 
Township, and Vance Township in Union County.
    \5\ See 58 FR 47391 (November 9, 1993), 59 FR 18300 (April 18, 
1994), and 60 FR 34859 (July 5, 1995).
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    North Carolina was required to develop nonattainment SIP revisions 
addressing the CAA requirements for its ozone nonattainment areas. 
Among other things, North Carolina was required to address the annual 
emissions reporting requirement in CAA section 182(a)(3)(B), which 
requires each state with an ozone nonattainment area to submit a SIP 
revision requiring stationary sources that emit 25 tons per year (tpy) 
or more of nitrogen oxides (NOX) or volatile organic 
compounds (VOC) within the nonattainment area to provide certified 
annual emissions statements to the state showing actual annual 
NOX and VOC emissions from the source.
    On August 1, 1997 (62 FR 41277), EPA approved the State's annual 
emissions reporting requirement at 15A NCAC Subchapter 02Q Section 
.0207,\6\ Annual Emissions Reporting, into the North Carolina SIP for 
the geographic areas designated as nonattainment for the 1979 ozone 
NAAQS.\7\ On January 31, 2008, North Carolina submitted a SIP revision 
adding the 1997 Charlotte Area to its annual emissions reporting 
requirement as a result of EPA's nonattainment designations for the 
1997 8-hour ozone standard.\8\ On April 24, 2012 (77 FR 24382), EPA 
approved that SIP revision and added the 1997 Charlotte Area to the 
annual emissions reporting requirement in the North Carolina SIP to 
meet the requirements of CAA section 182(a)(3)(B).
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    \6\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC Subchapter 02Q 
is referred to as ``Subchapter 2Q Air Quality Permits.''
    \7\ Section .0207 also contains an annual reporting requirement 
at paragraph (a) for owners and operators of title V facilities in 
the State.
    \8\ The SIP revision added Cabarrus, Lincoln, Rowan, and Union 
Counties and Davidson Township and Coddle Creek Township in Iredell 
County to the emissions reporting requirement.
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    Paragraph (c) of Section .0207 lists the geographic areas in North 
Carolina where owners or operators of certain non-title V facilities 
with actual emissions of 25 tons per year or more of NOX or 
VOC are required to report by June 30th of each year the actual 
emissions of NOX and VOC during the previous year. Paragraph 
(d) identifies the date that the annual reporting requirement in 
paragraph (c) shall begin.

[[Page 68028]]

II. Analysis of North Carolina's Submittal

    North Carolina's July 10, 2019, SIP revision \9\ updates Section 
.0207 in several ways. First, the SIP revision proposes to revise 
paragraph (c) by removing the annual emissions reporting requirement 
for certain non-Title V facilities located in geographic areas that 
were previously designated nonattainment for the 1979 1-hour ozone 
standards and in the redesignated 1997 Charlotte Area, with the 
exception of the geographic areas that are in the redesignated 2008 
Charlotte Area.\10\ The SIP revision retains the annual emissions 
reporting requirement for certain non-Title V facilities located in the 
geographic areas that comprise the redesignated 2008 Charlotte Area by 
listing those specific areas in paragraph (c). The SIP revision also 
makes changes to paragraph (d) by removing specific counties and 
townships and replacing them with a cross-reference to paragraph (c).
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    \9\ The State submitted the SIP revision following the 
readoption of several air regulations, including 15A NCAC Subchapter 
02Q .0207, pursuant to North Carolina's 10-year regulatory 
readoption process at North Carolina General Statute 150B-21.3A.
    \10\ As noted above, the 2008 Charlotte Area is a subset of the 
1997 Charlotte Area.
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    Currently, 55 facilities are required under paragraph (c) to submit 
annual emissions statements to North Carolina DAQ by June 30th of each 
year. The proposed rule change would remove the reporting requirement 
for 43 of these 55 facilities, thus reducing administrative reporting 
requirements for the 43 affected facilities. These facilities are still 
required to comply with their operating permits.
    Section 110(l) of the CAA prevents EPA from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable CAA requirement. EPA proposes to determine that the changes 
described above are approvable because they would not interfere with 
attainment or maintenance of any NAAQS and because the geographic areas 
removed from the rule have been redesignated to attainment and are 
therefore no longer required to meet the emissions statement 
requirements in section 182(a)(3)(B) of the CAA.
    Second, North Carolina's July 10, 2019, SIP revision makes changes 
to paragraph (d) of Section .0207 to update the calendar year that the 
emissions reporting requirement begins from 2007 to 2017 to coincide 
with the year during which North Carolina adopted the rule changes. EPA 
proposes to approve this change because it is administrative in nature.
    Finally, the SIP revision makes minor grammatical changes in 
paragraphs (a) and (b) of Section .0207 and adds a citation in 
paragraph (e) that identifies the DAQ Director's statutory authority to 
require reporting. EPA proposes to approve these edits because they are 
minor changes that do not alter the meaning of the regulation.

III. Incorporation by Reference

    In this proposed rule, 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 .0207, Annual 
Emissions Reporting, state effective April 1, 2018, which removes 
annual emissions reporting requirement for certain non-Title V 
facilities; updates the calendar year when the annual emissions 
reporting requirement begins; and makes several minor editorial 
changes. 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 North Carolina SIP revision 
submitted on July 10, 2019, revising 15A NCAC Subchapter 02Q Section 
.0207, Annual Emissions Reporting. Specifically, EPA is proposing to 
approve removal of the annual emissions reporting requirement for 
certain non-Title V facilities in geographic areas that have been 
redesignated to attainment for the 1979 1-hour ozone NAAQS and in the 
redesignated 1997 Charlotte Area, while retaining the requirement for 
the redesignated 2008 Charlotte Area. Additionally, EPA is proposing to 
approve the change in paragraph (d) that updates the calendar year that 
the emissions reporting requirement begins from 2007 to 2017 and 
several minor editorial changes to the rule.

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 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.);
     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 (Public Law 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,

[[Page 68029]]

Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: October 20, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-23660 Filed 10-26-20; 8:45 am]
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