[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Rules and Regulations]
[Pages 1358-1360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00030]



40 CFR Part 52

[EPA-R04-OAR-2021-0430; FRL-9060-02-R4]

Air Plan Approval; North Carolina; Minor Revisions to Cotton 
Ginning Operations Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the North Carolina State Implementation Plan (SIP) 
submitted by the State of North Carolina Department of Environmental 
Quality, Division of Air Quality, via a letter dated April 13, 2021, 
and received by EPA on April 14, 2021. This revision contains minor 
clarifying and typographical edits to North Carolina's cotton ginning 
operations rule. EPA is finalizing approval of these changes pursuant 
to the Clean Air Act (CAA or Act).

DATES: This rule is effective February 10, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0430. 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 are 
available either electronically through 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.

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. The telephone number is 
(404) 562-9144. Ms. Williams can also be reached via electronic mail at 
[email protected].


I. Overview

    On April 14, 2021, the State of North Carolina submitted changes to 
the North Carolina SIP for EPA approval. EPA is approving these changes 
to 15A North Carolina Administrative Code (NCAC) Subchapter 02D,\1\ 
Rule .0542--Control of Particulate Emissions from Cotton Ginning 
Operations which establishes control requirements for particulate 
emissions from cotton ginning operations.

    \1\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred 
to as ``Subchapter 2D Air Pollution Control Requirements.''

II. Analysis of North Carolina's SIP Revision

    North Carolina's SIP revision contains minor clarifying and 
typographical edits to the text of Rule .0542.\2\ Details regarding the 
background for these changes may be found in the notice of

[[Page 1359]]

proposed rulemaking that published September 24, 2021 (86 FR 53024). 
The comment period for this rulemaking closed on October 25, 2021. No 
comments were received. EPA has determined that these changes do not 
interfere with attainment and maintenance of the national ambient air 
quality standards or any other applicable requirement of the Act 
because they are minor in nature. For these reasons, EPA is approving 
the changes to this rule.

    \2\ See North Carolina's April 14, 2021, SIP revision at pp. 82-
86 (of the pdf file available in the docket for this rulemaking) to 
review a redline version of the rule showing all changes.

III. Incorporation by Reference

    In this document, EPA is finalizing rule regulatory text that 
includes incorporation by reference. In accordance with the 
requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference 15A NCAC Subchapter 02D, Rule .0542--Control of Particulate 
Emissions from Cotton Ginning Operations, with a state-effective date 
of November 1, 2020. These changes are approved to make minor 
clarifying and typographical 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. Final Action

    EPA is finalizing the aforementioned revisions to Rule .0542--
Control of Particulate Emissions from Cotton Ginning Operations. EPA is 
approving these changes because they are consistent with the Clean Air 
Act (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 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. 
    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 March 14, 2022. 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, Sulfur oxides, Volatile organic 

    Dated: December 29, 2021.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart II--North Carolina

2. In Sec.  52.1770, in paragraph (c), amend table 1, under ``Section 
.0500 Emission Control Standards,'' by removing the entry for ``Section 
.0542'' and adding an entry for ``Rule .0542'' in its place to read as 

Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

[[Page 1360]]

                                   (1) EPA Approved North Carolina Regulations
         State citation                Title/subject      effective date     EPA approval date      Explanation
                                Subchapter 2D Air Pollution Control Requirements
                                                  * * * * * * *
                                    Section .0500 Emission Control Standards
                                                  * * * * * * *
Rule .0542......................  Control of Particulate       11/1/2020  1/11/2022, [Insert
                                   Emissions from Cotton                   citation of
                                   Ginning Operations.                     publication].
                                                  * * * * * * *

* * * * *
[FR Doc. 2022-00030 Filed 1-10-22; 8:45 am]