[Federal Register Volume 88, Number 3 (Thursday, January 5, 2023)]
[Rules and Regulations]
[Pages 773-775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28150]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0782; FRL-10215-02-R4]


Air Plan Approval; NC; Miscellaneous NSR Revisions and Updates; 
Updates to References to Appendix W Modeling Guideline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
approval of a State Implementation Plan (SIP) revision, submitted by 
North Carolina on April 13, 2021. Specifically, EPA is approving 
updates to the incorporation by reference of Federal new source review 
(NSR) regulations and federal guidelines on air quality modeling in the 
North Carolina SIP. EPA is also converting a previous conditional 
approval regarding the infrastructure SIP prevention of significant 
deterioration (PSD) elements, for the 2015 ozone national ambient air 
quality standards (NAAQS) for North Carolina to a full approval. EPA is 
also approving updates to North Carolina's NSR regulations to better 
align them with the federal rules. EPA is approving these changes 
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective February 6, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2022-0782. 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: Josue Ortiz Borrero, 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 for Mr. Ortiz Borrero is (404) 562-
8085. Mr. Ortiz Borrero can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 1, 2015, EPA promulgated a revised primary and secondary 
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts 
per million (ppm) to a new more protective level of 0.070 ppm. See 80 
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIP revisions meeting the applicable 
requirements of section 110(a)(2) within three years after promulgation 
of a new or revised NAAQS or within such shorter period as EPA may 
prescribe.\1\ For the 2015 8-hour ozone NAAQS, states were required to 
submit such SIP revisions (also known as iSIPs) no later than October 
1, 2018.
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    \1\ Section 110(a)(2) requires states to address basic SIP 
elements such as requirements for monitoring, basic program 
requirements, and legal authority that are designed to assure 
attainment and maintenance of the NAAQS. This particular type of SIP 
is commonly referred to as an ``infrastructure SIP'' or ``iSIP.''
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    On September 27, 2018, North Carolina met the requirement to submit 
an iSIP for the 2015 8-hour ozone NAAQS by the October 1, 2018, 
deadline. Through previous rulemakings, EPA approved most of the 
infrastructure SIP elements for the 2015 ozone NAAQS for North 
Carolina.\2\ However, regarding the PSD elements of section 
110(a)(2)(C), (D)(i)(II) (prong 3), and (J) (herein referred to as 
element C, Prong 3, and element J, respectively), EPA conditionally 
approved \3\ these portions of North Carolina's iSIP submission because 
of outdated references to the federal guideline on air quality modeling 
found in Appendix W of 40 CFR part 51.\4\
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    \2\ EPA approved most elements for North Carolina, except for 
the Interstate Transport provisions (Prongs 1 & 2) and the PSD 
provisions (elements C, Prong 3, and J), on March 11, 2020. See 85 
FR 14147. EPA approved the interstate transport provisions (Prongs 1 
& 2) for North Carolina on December 2, 2021. See 86 FR 68413.
    \3\ Under CAA section 110(k)(4), EPA may conditionally approve a 
SIP revision based on a commitment from a state to adopt specific 
enforceable measures by a date certain, but not later than one year 
from the date of approval. If the state fails to meet the commitment 
within one year of the final conditional approval, the conditional 
approval will be treated as a disapproval and EPA will issue a 
finding of disapproval.
    \4\ See 85 FR 20836 (April 15, 2020).
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    As discussed in the conditional approval for the 2015 ozone iSIP 
PSD elements, North Carolina's SIP contained outdated references to 
Appendix W, and the State committed to update the outdated references 
and submit a SIP revision within one year of EPA's final rule 
conditionally approving these PSD elements. Accordingly, North Carolina 
was required to make its submission by April 15, 2021. North Carolina 
met its commitment by submitting a SIP revision to correct the 
deficiencies on April 13, 2021.
    Through a Notice of Proposed Rulemaking (NPRM), EPA proposed to 
approve the changes to the North Carolina SIP and to also convert the 
April 15, 2020, conditional approval to a full approval regarding 
element C, Prong 3, and element J for the 2015 8-hour ozone NAAQS 
infrastructure SIP. See 87 FR 61548 (October 12, 2022). Comments on the 
October 12, 2022, NPRM were due on or before November 14, 2022. No 
comments were received on the October 12, 2022, NPRM, and EPA is now 
finalizing the changes.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of North 
Carolina regulations 15A NCAC 02D .0530, ``Prevention of Significant 
Deterioration,'' state effective on October 1, 2020, and .0544, 
``Prevention of Significant Deterioration Requirements for Greenhouse 
Gases,''

[[Page 774]]

state effective on November 1, 2020, making several updates to North 
Carolina's emission control permitting rules consistent with federal 
requirements.\5\ EPA has made, and will continue to make, the SIP 
generally available 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, the revised materials 
as stated above, 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.\6\
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    \5\ EPA is not approving the October 1, 2020, state-effective 
version of Rule 02D .0530 to the extent that the rule incorporates 
by reference certain provisions of 40 CFR 51.166, as specified in 
this footnote. NCDAQ provided a letter to EPA dated September 6, 
2022, clarifying that it is not requesting approval of these 
provisions into the North Carolina SIP.
    EPA is not approving the October 1, 2020, state-effective 
version of Rule 02D .0530 to the extent that the rule incorporates 
by reference 51.166(b)(2)(iii)(a) as of July 1, 2019. Instead, the 
version of 40 CFR 51.166(b)(2)(iii)(a) in the SIP remains the 
version that existed in the CFR on March 15, 1996, as approved by 
EPA into the SIP on October 15, 1999 (64 FR 55831).
    EPA is also not approving the October 1, 2020, state-effective 
version of Rule 02D .0530 to the extent the rule incorporates by 
reference 40 CFR 51.166(i)(2). Instead, the version of 40 CFR 
51.166(i)(2) in the SIP remains the version that existed in the CFR 
on July 1, 2014, as approved by EPA into the SIP on September 11, 
2018 (83 FR 45827).
    Finally, EPA is not approving the October 1, 2020, state-
effective version of Rule 02D .0530 to the extent the rule 
incorporates by reference the following federal provisions: 40 CFR 
51.166(b)(2)(v), 51.166(b)(3)(iii)(d), 51.166(b)(53)-(56), 
51.166(i)(11) [note that the NPRM included a typographical error and 
cited instead to 40 CFR 51.166(i)(11)(ii)], and 51.166(y).
    \6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving changes to the North Carolina SIP and converting 
the conditional approval for element C, Prong 3, and element J for the 
2015 8-hour ozone Infrastructure SIP to a full approval. Specifically, 
EPA is approving changes to North Carolina Rule 15A NCAC 02D .0530, 
``Prevention of Significant Deterioration,'' and .0544, ``Prevention of 
Significant Deterioration Requirements for Greenhouse Gases.''

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 March 6, 2023. 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.

    Dated: December 20, 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


Sec.  52.1769  [Reserved].

0
2. Remove and reserve Sec.  52.1769


0
3. Amend Sec.  52.1770 by:
0
a. In paragraph (c), in table (1) under ``Subchapter 2D Air Pollution 
Control Requirements'', revising the entries for ``Section .0530'' and 
``Section .0544''; and

[[Page 775]]

0
b. In paragraph (e), in the table by adding at the end an entry for 
``110(a)(1) and (2) Infrastructure Requirements for the 2015 8-Hour 
Ozone NAAQS''
    The additions 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      EPA approval                   Explanation
                                          date             date
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                                                  * * * * * * *
Rule .0530......  Prevention of           10/1/2020  1/5/2023,         Except for the incorporation by reference
                   Significant                        [Insert           of 40 CFR 51.166(b)(2)(iii)(a), which is
                   Deterioration.                     citation of       instead the incorporation of the March
                                                      publication].     15, 1996, version of that section as
                                                                        approved into the SIP on October 15,
                                                                        1999.
                                                                       Except for the incorporation by reference
                                                                        of 40 CFR 51.166(i)(2), which is instead
                                                                        the incorporation of the July 1, 2014,
                                                                        version of that section as approved into
                                                                        the SIP on September 11, 2018.
                                                                       Except for the incorporation by reference
                                                                        of 40 CFR 51.166(b)(2)(v),
                                                                        51.166(b)(3)(iii)(d), 51.166(b)(53)-
                                                                        (56), 51.166(i)(11), and 51.166(y).
 
                                                  * * * * * * *
Rule .0544......  Prevention of           11/1/2020  1/5/2023,         Except for the Biomass Deferral Rule
                   Significant                        [Insert           language contained in the second
                   Deterioration                      citation of       sentence of 40 CFR 51.166(b)(48)(ii)(a).
                   Requirements for                   publication].
                   Greenhouse Gases.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                         State
             Provision                 effective     EPA approval      Federal Register         Explanation
                                         date            date              citation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure         4/13/2021        1/5/2023  [Insert citation of    Addressing the PSD
 Requirements for the 2015 8-Hour                                    publication].          provisions of
 Ozone NAAQS.                                                                               sections
                                                                                            110(a)(2)(C),
                                                                                            (D)(i)(II) (Prong
                                                                                            3), and (J) only.
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[FR Doc. 2022-28150 Filed 1-4-23; 8:45 am]
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