[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Proposed Rules]
[Pages 51941-51944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18171]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0036; FRL-10151-01-R4]


Air Plan Approval; North Carolina; Source Testing and Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
proposing to approve changes 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 
(NCDAQ), through a letter dated October 9, 2020. The SIP revisions 
include changes to NCDAQ's regulations regarding monitoring and 
performance testing for stationary sources of air pollution. EPA is 
proposing to approve these changes pursuant to the Clean Air Act (CAA 
or Act).

DATES: Comments must be received on or before September 23, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0036 at 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 https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres, 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. Febres can be 
reached via electronic mail at [email protected] or via 
telephone at (404) 562-8966.

SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?

    EPA is proposing to approve changes to North Carolina's SIP that 
were provided to EPA via a letter dated October 9, 2020, regarding 15A 
North Carolina Administrative Code (NCAC) Subchapter 02D, Section 
.0600, Air Contaminants; Monitoring; Reporting, and Section .2600, 
Source Testing.\1\ Specifically, EPA is proposing to approve changes to 
the following: under Section .0600, .Rules .0607, Large Wood and Wood-
Fossil Fuel Combination Fuels; .0608, Other Large Coal or Residual Oil 
Burners; .0610, Federal Monitoring Requirements; .0612, Alternative 
Monitoring and Reporting Procedures; and .0613, Quality Assurance 
Program; and under Section .2600, Rules .2603, Testing Protocol; .2604, 
Number of Test Points; .2605, Velocity and Volume Flow Rate; .2606, 
Molecular Weight; .2607, Determination of Moisture Content; .2608, 
Number of Runs and Compliance Determination; .2610, Opacity; .2612, 
Nitrogen Oxide Testing Methods; .2613, Volatile Organic Compound 
Testing Methods; and .2614, Determination of VOC Emissions Control 
System Efficiency. Additional details on these changes, as well as 
EPA's rational for proposing approval of these changes is found in the 
next section.
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    \1\ EPA notes that the Agency received several submittals 
seeking to revise the North Carolina SIP transmitted with the same 
October 9, 2020, cover letter. EPA will be considering action for 
these other SIP revisions, including certain 02D Section .0600 and 
Section .2600 rules not considered in this proposed action, in 
separate rulemakings.
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II. EPA's Analysis of the State's Submittal

A. Changes to 02D Section .0600

    The October 9, 2020, SIP revision modifies several rules under 02D 
Section .0600, Monitoring: Recordkeeping: Reporting. Rule 02D .0607, 
Large Wood and Wood-Fossil Fuel Combination Units, includes mostly 
minor language and formatting changes that do not alter the meaning of 
the provision. The other Section .0600 rules that are proposed for 
approval are discussed in more detail hereinafter.
    Rule 02D .0608, Other Large Coal or Residual Oil Burners, is 
revised at paragraph .0608(e) to change the requirement that the 
minimum of four data points in a valid hour of monitoring be equally 
spaced to instead require that each 15-minute quadrant of the given 
hour contain at least one of the four minimum data points. This change 
was made to be consistent with similar changes made to EPA's 40 CFR 
parts 60 and 75 continuous monitoring requirements.\2\ The change will 
better represent emissions across the whole hour in which a unit 
operates because, otherwise, it is possible for equally spaced data 
points to be distributed in such a way that a majority of the hour is 
not accounted for (e.g., if the four minimum data points are equally-
spaced five minutes apart at the beginning of the hour, which would 
leave more than half of the hour without data points). Using the 
revised scheme, the minimum of four data points will account for 
operation throughout the hour. Additionally, this paragraph adds 
language explaining that opacity monitoring is exempted from the 
requirement to obtain at least one data point in each 15-minute 
quadrant per hour. The exception for opacity monitoring is simply a 
clarification of the new requirement because the continuous opacity 
monitoring for certain units prescribed elsewhere (e.g., 02D .0606, 
.0607) uses a different scheme for collecting and averaging data, such 
as a 6-minute averaging time instead of an hour. However, paragraph 
.0608(e) concerns monitoring for sulfur dioxide (SO2), so 
the reference to opacity is not necessary and does not modify any 
existing requirements for opacity monitoring. Finally, under paragraph 
.0608(j), the State adds Method 6C from appendix A to 40 CFR part 60 
and a reference to North Carolina Rule 15A NCAC 02D .2600, Source 
Testing, for emissions testing conducted for compliance with the 
SO2 standard. The inclusion of Method 6C matches SIP-
approved Rule 02D .2611, Sulfur Dioxide Testing Methods, which requires 
combustion sources that demonstrate compliance with the SO2 
standard through stack sampling to use the procedures of Method 6 or 
Method 6C. The October 9, 2020, submittal also

[[Page 51942]]

includes ministerial and clarifying revisions to Rule 02D .0608.
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    \2\ See, for 40 CFR part 75, 60 FR 26510 (May 17, 1995), and for 
40 CFR part 60, 72 FR 32710 (June 13, 2007).
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    Rule 02D .0610, Federal Monitoring Requirements, is modified by, 
among other things, adding new cross-references to the applicability 
section of the rule at paragraph (a). The changes add paragraph 
.0610(a)(5) which cross-references the Cross-State Air Pollution Rule 
at 40 CFR part 97 and adds Generally Available Control Technology 
(GACT) to the existing cross-reference of 40 CFR part 63 in paragraph 
.0610(a)(3). The purpose of Rule .0610 is not to incorporate the 
Federal requirements by reference, but rather to require sources with 
air pollutants that do not have applicable monitoring, recordkeeping, 
and reporting requirements under the Federal rules listed, or sources 
which are not subject to monitoring, recordkeeping, or reporting 
requirements set forth in the rules identified in paragraph .0610(a), 
to comply with the requirements of Rule 02D .0611, Monitoring Emissions 
from Other Sources. The October 9, 2020, submittal also includes 
ministerial and clarifying revisions to Rule 02D .0610.
    Rule 02D .0612, Alternative Monitoring and Reporting Procedures, 
includes mostly ministerial and formatting changes. The SIP revision 
also modifies paragraph (b) by adding 40 CFR parts 62 and 97 to the 
list of Federal rules with monitoring requirements to which this rule 
and its procedures for alternatives do not apply. Additionally, in 
paragraph .0612(c), specifically under subparagraphs .0612(c)(7)(B) and 
(D), North Carolina removes the terms ``significantly'' and 
``significant,'' respectively, from the list of conditions an owner or 
operator must show to qualify for alternative recordkeeping or 
monitoring. As explained by NCDAQ, the revised provisions retain the 
same broad authority as currently in the SIP for the determination on 
whether alternative monitoring or data reporting is appropriate for 
different designs and operating characteristics. NCDAQ also explained 
that these changes do not adversely affect its enforcement 
authority.\3\
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    \3\ Email correspondence from NCDAQ to EPA dated August 1, 2022, 
explaining these changes can be found in the docket for this 
proposed action.
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    Paragraph .0612(e) establishes the minimum criteria for approval of 
a petition for alternative monitoring or reporting, and the SIP 
revision includes mostly ministerial and formatting changes. Under 
paragraph (e)(3), North Carolina removes the qualifying phrase ``with 
reasonable certainty'' from the requirement that alternative monitoring 
and reporting must provide information of sufficient quality to 
determine ``with reasonable certainty'' the amount of emissions or the 
adequacy of a control device or practice in order to be approvable by 
the Director. Removing this phrase does not negatively impact the 
quality of information that would be collected with alternative 
monitoring or reporting procedures. In addition, under paragraph 
.0612(e) the Director can only approve petitions for alternatives that 
include the information required under paragraph .0612(c), which 
requires the petition to include ``a demonstration that the alternative 
procedure is at least as accurate as that prescribed by the rule'' at 
(c)(6), and satisfy the showing required in .0612(c)(7).
    Finally, Rule 02D .0613, Quality Assurance Program, includes mostly 
ministerial, formatting, and clarifying changes. Paragraph .0613(c) is 
also revised to add a reference to 40 CFR part 60, appendix F, 
Procedure 3, Quality Assurance Requirements for Continuous Opacity 
Monitoring Systems at Stationary Sources. The SIP-approved paragraph 
.0613(c) states that continuous opacity monitoring systems (COMS) may 
satisfy the requirements of paragraph .0613(a) by complying with Method 
203 to Appendix M of Part 51 as proposed in 57 FR 46114 (October 7, 
1992). However, the procedures proposed for Method 203 were never 
finalized in 40 CFR part 51 and have since been rewritten as Procedure 
3 of Appendix F to Part 60.\4\ See 79 FR 28493 (May 16, 2014). Updating 
Rule 02D .0613(c) to allow COMS to comply with Method 203 or 40 CFR 
part 60, appendix F, Procedure 3 to satisfy paragraph .0613(a) is 
appropriate because Procedure 3 contains the current Federal quality 
assurance procedures for continuous opacity monitoring.
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    \4\ Method 203 was originally Methods 203A, 203B, and 203C, 
found at 40 CFR part 51, appendix M, Section 9.0. These paragraphs 
have since been ``reserved'' and rewritten under Procedure 3.
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    SIP-approved paragraph .0613(b) states that the Director may 
require the owner or operator of a facility required to operate a 
monitoring device under Subchapters 02D or 02Q to submit a quality 
assurance program if the criteria in .0613(b)(1) through (3) are met. 
The SIP revision changes the phrase ``the Director may'' to ``the 
Director shall'' and changes the phrase ``quality assurance program'' 
to ``a description of the quality assurance program.'' SIP-approved 
paragraph .0613(g) states that a quality assurance program shall be 
available on-site for inspection within 30 days of monitor 
certification. The SIP revision also changes the phrase ``quality 
assurance program'' to ``a description of the quality assurance 
program'' in this paragraph.
    Although the change to ``a description of the quality assurance 
program'' may alter the name of the required document, NCDAQ explained 
that the materials that this document must contain remain the same, as 
detailed in paragraph .0613(c) and more specifically in .0613(c)(1) 
through (7).\5\ Therefore, there is no substantive change to paragraph 
(g), and the overall change to paragraph .0613(c) is strengthening 
because the Director must now require owners and operators of subject 
facilities to submit the material in paragraph .0613(c).
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    \5\ Email correspondence from NCDAQ to EPA dated August 1, 2022, 
explaining this change can be found in the docket for this proposed 
action.
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B. Changes to 02D Section .2600

    The October 9, 2020, SIP revision modifies the rules under 02D 
Section .2600, Source Testing identified in section I of this document. 
The following rules include only minor language and formatting changes 
that do not alter the meaning of the provisions: Rule 02D .2604, Number 
of Test Points; \6\ Rule 02D .2605, Velocity and Volume Flow Rate; Rule 
02D .2607, Determination of Moisture Content; Rule 02D .2612, Nitrogen 
Oxide Testing Methods; and Rule 02D .2614, Determination of VOC 
Emission Control System Efficiency. The other .2600 rules that are 
proposed for approval are discussed in more detail hereinafter.
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    \6\ Rule 02D .2604, under paragraph (b)(1), provides procedures 
for testing using Method 1 of Appendix A of 40 CFR part 60, when 
multiple exhaust pipes or ducts are present. This rule previously 
described the multiple pipes or ducts as ``breechings'' but are now 
being referred to as ``ducts.'' Approval of this change into the SIP 
would not substantively alter the testing requirements of this rule 
because the terms ``ducts'' and ``breechings'' describe the same 
components in testing installations.
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    The October 9, 2020, submittal transmits changes to Rule 02D .2603, 
Testing Protocol, at paragraph .2603(a) by adding the following to the 
information that must be included in test protocols: .2603(a)(1)--
facility and testing company contact information; .2603(a)(2)--the 
permit number and permitted source's name and identification number; 
.2603(a)(6)--test audit requirements applicable to the proposed test 
method; .2603(a)(8)--the maximum process rate, maximum normal operation 
process rate, and the proposed target process rate for the test; and 
.2603(a)(10)--a proposed test schedule. The October 9, 2020, submittal 
also includes ministerial

[[Page 51943]]

revisions such as renumbering the existing requirements.
    Next, Rule 02D .2606, Molecular Weight, requires the application of 
Method 3 of Appendix A, 40 CFR part 60 to determine molecular weight of 
gases, with certain exceptions under paragraph .2606(b). The revised 
rule includes minor edits and rewording, as well changes to the 
exceptions in .2606(b). The current SIP-approved subparagraph 
.2606(b)(2) requires that ``[a]t least four samples shall be taken 
during a one-hour test run, but as many as necessary shall be taken to 
produce a reliable average.'' The phrase ``but as many as necessary 
shall be taken to produce a reliable average'' from the end of this 
provision would be removed under the proposed revision. This change 
does not negatively impact the reliability of molecular weight 
determinations.
    As provided in paragraph .2606(a), Method 3 of Appendix A to 40 CFR 
part 60 is still used to determine molecular weight of the gas being 
sampled, with the exceptions presented in paragraph .2606(b). Method 3 
requires sampling and analysis of the sample for percent carbon dioxide 
(CO2) and oxygen (O2) to determine molecular 
weight, and this process of sampling and analysis must be repeated 
until the molecular weight calculated from three samples achieves a 
specified variance from the mean.\7\ The final molecular weight 
reported is the average of those three molecular weights. However, 
Method 3 only requires obtaining the concentration of CO2 
and O2 needed to calculate molecular weight once per cycle 
of analysis and molecular weight calculation. North Carolina's Rule 02D 
.2606 requires that when an instrument, such as the Bacharach Fyrite, 
is used instead of the grab sample technique to calculate 
CO2 concentration, at least four samples must be taken to 
account for variations in the CO2 concentrations and those 
four samples must be taken during a one-hour test. This means that, if 
using an instrument, at least four samples are needed per cycle of 
analysis and molecular weight calculation. Additionally, Rule .2606(a) 
still requires sampling, analysis, and calculation procedures to be 
repeated until the variance specified in Method 3 is achieved to ensure 
reliability. Thus, North Carolina's revised rule continues to ensure 
that molecular weight testing will produce reliable determinations and 
remains at least as stringent as the Federal method.
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    \7\ As noted in Method 3, molecular weight is calculated by 
determining the concentration of CO2, O2 
N2, and CO in the sample but the sample is only analyzed 
for CO2 and O2. The amount of N2 
and CO is determined by subtracting the sum of the percent 
CO2 and percent O2 from 100 percent to 
determine the percentage.
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    Rule 02D .2608, Number of Runs and Compliance Determination, is 
changed to require that the three test runs required must be 
consecutive and completed at the same operating condition. It is also 
changed to provide that if other operating conditions or scenarios are 
to be tested, three consecutive test runs are required for each of 
those conditions or scenarios. The October 9, 2020, submittal also 
includes formatting and minor clarifying revisions to Rule 02D .2608.
    Rule 02D .2610, Opacity, establishes methods to determine 
compliance with opacity standards and is modified to clarify that 
Method 22 in Appendix A to 40 CFR part 60 is based upon the frequency 
of fugitive emissions that are ``visible during the observation 
period.'' The rule is also revised to eliminate the phrase ``from 
stationary sources'' in subparagraph .2610(b), which currently requires 
the use of Method 22 for compliance with opacity standards based on the 
frequency of fugitive emissions ``from stationary sources.'' This 
deletion does not change the meaning of the rule because Method 22 is 
applicable to stationary sources at part 60. The October 9, 2020, 
submittal also includes minor edits to the language in 02D .2610 which 
do not alter the meaning of the rule.
    Finally, Rule 02D .2613, Volatile Organic Compound Testing Methods, 
includes clarifying edits at (c) and (d) to cross-reference the Rule 
02D .0930, Solvent Metal Cleaning, definition of ``solvent metal 
cleaning equipment'' and the Rule 02D .0927, Bulk Gasoline Terminals, 
definition of ``bulk gasoline terminals,'' both of which are terms used 
in Rule .2613. The October 9, 2020, also transmits minor language and 
formatting changes that do not otherwise alter the meaning of the rule.

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 North Carolina rules, with a state effective 
date of November 1, 2019: Rule 02D .0607, Large Wood and Wood-Fossil 
Fuel Combination Units; Rule 02D .0608, Other Large Coal or Residual 
Oil Burners; Rule 02D .0610, Federal Monitoring Requirements; Rule 02D 
.0612, Alternative Monitoring and Reporting Procedures; Rule 02D .0613, 
Quality Assurance Program; Rule 02D .2603, Testing Protocol; Rule 02D 
.2604, Number of Test Points; Rule 02D .2605, Velocity and Volume Flow 
Rate; Rule 02D .2606, Molecular Weight; Rule 02D .2607, Determination 
of Moisture Content; Rule 02D .2608, Number of Runs and Compliance 
Determination; Rule 02D .2610, Opacity; Rule 02D .2612, Nitrogen Oxide 
Testing Methods; Rule 02D .2613, Volatile Organic Compound Testing 
Methods; and Rule 02D .2614, Determination of VOC Emission Control 
System Efficiency. 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 portions of the October 9, 2020, SIP 
revisions to incorporate various changes to North Carolina's source 
monitoring and testing provisions into the SIP. Specifically, EPA is 
proposing to approve various changes as described above in 02D Section 
.0600, Monitoring: Recordkeeping: Reporting, and .2600, Source Testing. 
EPA is proposing to approve these changes because they meet CAA 
requirements and would not interfere with any applicable requirement 
concerning attainment or reasonable further progress.

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 would 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);
     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.);

[[Page 51944]]

     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 proposed 
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: August 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-18171 Filed 8-23-22; 8:45 am]
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