[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11875-11878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04066]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0186; FRL-10019-56-Region 4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 approving this revision pursuant to the Clean Air Act (CAA or 
Act).

DATES: This rule is effective March 31, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0186. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be 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 can either 
be retrieved electronically via www.regulations.gov or in hard copy at 
the 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. 
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.

[[Page 11876]]


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 also 
be reached via phone 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 finalizing 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 final rulemaking makes 
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. Details regarding the 
background for these changes may be found in the proposed rulemaking 
that published October 19, 2020 (85 FR 66296). The comment period for 
this rulemaking closed on November 18, 2020. No adverse comments were 
received. EPA finds that the changes do not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable CAA requirement.
    EPA has 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 changes to the SIP satisfy CAA section 110(l) and do 
not interfere with attainment and maintenance of the national ambient 
air quality standards or any other applicable requirement of the Act. 
Therefore, EPA is approving the changes to these regulations.

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 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. This finalization 
revises the applicability of permit exemptions, revises permit 
application and processing procedures, and amends 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. Final Action

    EPA is approving 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. EPA has concluded that these 
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 
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);
     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

[[Page 11877]]

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 April 30, 2021. 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.

Signing Statement

    This document of the Environmental Protection Agency was signed on 
January 7, 2021, by Mary Walker, Regional Administrator, pursuant to 
the Statutory Deadline of the Clean Air Act. That document with the 
original signature and date is maintained by EPA. For administrative 
purposes only, and in compliance with requirements of the Office of the 
Federal Register, the undersigned EPA Official re-signs the document 
for publication, as an official document of the Environmental 
Protection Agency. This administrative process in no way alters the 
legal effect of this document upon publication in the Federal Register.

    Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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 52.1770 amend table 1 in paragraph (c) under Subchapter 02Q Air 
Quality Permits under Section .0300, Construction and Operation Permits 
by revising the entries for ``Section .0301'', ``Section .0303'', 
``Section .0304'', ``Section .0305'', ``Section .0307'', ``Section 
.0308'', ``Section .0309'', ``Section .0310'', ``Section .0311'', 
``Section .0312'', ``Section .0313'', ``Section .0314'', ``Section 
.0315'', ``Section .0316'', and ``Section .0317'' to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA Approved North Carolina Regulations
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                                                            State
         State citation              Title/subject     effective date   EPA approval date       Explanation
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                                                  * * * * * * *
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                                        Subchapter 2Q Air Quality Permits
                                Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Section .0301...................  Applicability......        4/1/2018  3/1/2021, [Insert   .....................
                                                                        citation of
                                                                        publication].
Section .0303...................  Definitions........        4/1/2018  3/1/2021, [Insert   .....................
                                                                        citation of
                                                                        publication].
Section .0304...................  Applications.......        4/1/2018  3/1/2021, [Insert   .....................
                                                                        citation of
                                                                        publication].
Section .0305...................  Application                4/1/2018  3/1/2021, [Insert   .....................
                                   Submittal Content.                   citation of
                                                                        publication].
 
                                                  * * * * * * *
Section .0307...................  Public                     4/1/2018  3/1/2021, [Insert   .....................
                                   Participation                        citation of
                                   Procedures.                          publication].
Section .0308...................  Final Action on            4/1/2018  3/1/2021, [Insert   .....................
                                   Permit                               citation of
                                   Applications.                        publication].

[[Page 11878]]

 
Section .0309...................  Termination,               4/1/2018  3/1/2021, [Insert   .....................
                                   Modification and                     citation of
                                   Revocation of                        publication].
                                   Permits.
Section .0310...................  Permitting of              4/1/2018  3/1/2021, [Insert   .....................
                                   Numerous Similar                     citation of
                                   Facilities.                          publication].
Section .0311...................  Permitting of              4/1/2018  3/1/2021, [Insert   .....................
                                   Facilities at                        citation of
                                   Multiple Temporary                   publication].
                                   Sites.
Section .0312...................  Application                4/1/2018  3/1/2021, [Insert   .....................
                                   Processing                           citation of
                                   Schedule.                            publication].
Section .0313...................  Expedited                  4/1/2018  3/1/2021, [Insert   .....................
                                   Application                          citation of
                                   Processing                           publication].
                                   Schedule.
Section .0314...................  General Permitting         4/1/2018  3/1/2021, [Insert   .....................
                                   for All                              citation of
                                   Requirements.                        publication].
Section .0315...................  Synthetic Minor            4/1/2018  3/1/2021, [Insert   .....................
                                   Facilities.                          citation of
                                                                        publication].
Section .0316...................  Administrative             4/1/2018  3/1/2021, [Insert   .....................
                                   Permit Amendments.                   citation of
                                                                        publication].
Section .0317...................  Avoidance                  4/1/2018  3/1/2021, [Insert   .....................
                                   Conditions.                          citation of
                                                                        publication].
 
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[FR Doc. 2021-04066 Filed 2-26-21; 8:45 am]
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