[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Rules and Regulations]
[Pages 64382-64384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22724]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0554; FRL-9187-02-R4]


Air Plan Approval; North Carolina; Miscellaneous Emission Control 
Standards Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
approval of changes to the North Carolina State Implementation Plan 
(SIP), submitted by the State of North Carolina through the North 
Carolina Department of Environmental Quality (NCDEQ), Division of Air 
Quality (DAQ), through a letter dated April 13, 2021. This SIP revision 
includes changes to a subset of NCDEQ's regulations regarding emission 
control standards. EPA is approving these changes pursuant to the Clean 
Air Act (CAA or Act).

DATES: This rule is effective November 25, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0554. 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: Sarah LaRocca, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving certain changes to North Carolina's SIP that were 
provided to EPA by NCDEQ via a letter dated April 13, 2021, and are 
related to North Carolina's 15A North Carolina Administrative Code 
(NCAC) Subchapter 02D, Section .0500,

[[Page 64383]]

Emission Control Standards.\1\ Specifically, EPA is approving changes 
to 15A NCAC 02D Sections .0516, Sulfur Dioxide Emissions from 
Combustion Sources, which include minor grammatical edits and remove 
references to outdated State-only rules; .0517, Emissions from Plants 
Producing Sulfuric Acid, which include minor typographical edits; 
.0519, Control of Nitrogen Dioxide and Nitrogen Oxides Emission, which 
correct typographical errors and incorrect references, and are 
clarifying in natures; and .0533, Stack Height, which include minor 
grammatical and formatting changes that do not alter the meaning of the 
provision.\2\ \3\
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    \1\ EPA notes that the April 13, 2021, submittal was received by 
EPA on April 14, 2021.
    \2\ EPA received several revisions to the North Carolina SIP 
through the same April 13, 2021, cover letter. This rulemaking only 
addresses the revisions identified within this notice. EPA may act 
on the remaining revisions, including certain 02D Section .0500 
rules not considered in this action, through separate rulemakings.
    \3\ On February 22, 2022, and July 6, 2022, North Carolina 
submitted letters to EPA withdrawing the changes to Rule 15A NCAC 
02D .0532 and .0527, respectively, from EPA's consideration. For 
this reason, EPA will not act on these changes to Rule .0532 or 
.0527. Both letters can be found in the docket for this action.
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    Through a notice of proposed rulemaking (NPRM), published on August 
15, 2022, EPA proposed to approve the changes to North Carolina's SIP-
approved Rule .0516, Sulfur Dioxide Emissions from Combustion Sources; 
.0517, Emissions from Plants Producing Sulfuric Acid; .0519, Control of 
Nitrogen Dioxide and Nitrogen Oxides Emissions; and .0533, Stack 
Height, as submitted by NCDEQ on April 13, 2021. See 87 FR 50028. 
Additional details on North Carolina's April 13, 2021, SIP revision, as 
well as EPA's analysis of these changes, can be found in the August 15, 
2022, NPRM. Comments on the August 15, 2022, NPRM were due on or before 
September 14, 2022. No comments were received on the August 15, 2022, 
NPRM, so EPA is now finalizing the approval of the changes as proposed.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, and as discussed in Section I of this preamble, EPA is finalizing 
the incorporation by reference of 15A NCAC Subchapter 02D, Rules .0516, 
Sulfur Dioxide Emissions from Combustion Sources; .0517, Emissions from 
Plants Producing Sulfuric Acid; .0519, Control of Nitrogen Dioxide and 
Nitrogen Oxides Emissions; and .0533, Stack Height, all state effective 
on November 1, 2020. 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). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\4\
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    \4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    As described in the August 15, 2022, NPRM, EPA is approving the 
April 13, 2021, SIP revision to incorporate various changes to a subset 
of North Carolina's emission control standards provisions into the SIP. 
Specifically, EPA is approving changes to 15A NCAC 02D Rules .0516, 
Sulfur Dioxide Emissions from Combustion Sources; .0517, Emissions from 
Plants Producing Sulfuric Acid; .0519, Control of Nitrogen Dioxide and 
Nitrogen Oxides Emissions; and .0533, Stack Height.

IV. 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. 
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 December 27, 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

[[Page 64384]]

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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: October 14, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, 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 Sec.  52.1770(c)(1), amend the table under ``Subchapter 2D Air 
Pollution Control Requirements,'' ``Section .0500 Emission Control 
Standards,'' by removing the entries for ``Section .0516,'' ``Section 
.0517,'' ``Section .0519,'' and ``Section .0533'' and adding in their 
places entries for ``Rule .0516,'' ``Rule .0517,'' ``Rule .0519,'' and 
``Rule .0533'' 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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                                Subchapter 2D Air Pollution Control Requirements
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                                    Section .0500 Emission Control Standards
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                                                  * * * * * * *
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Rule .0516......................  Sulfur Dioxide               11/1/2020  10/25/2022, [Insert
                                   Emissions from                          citation of
                                   Combustion Sources.                     publication].
Rule .0517......................  Emissions from Plants        11/1/2020  10/25/2022, [Insert
                                   Producing Sulfuric                      citation of
                                   Acid.                                   publication].
Rule .0519......................  Control of Nitrogen          11/1/2020  10/25/2022, [Insert
                                   Dioxide and Nitrogen                    citation of
                                   Oxides Emissions.                       publication].
 
                                                  * * * * * * *
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Rule .0533......................  Stack Height..........       11/1/2020  10/25/2022, [Insert
                                                                           citation of
                                                                           publication].
 
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[FR Doc. 2022-22724 Filed 10-24-22; 8:45 am]
BILLING CODE 6560-50-P