[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2243-2245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28658]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0433; FRL-10402-02-R4]


Air Plan Approval; North Carolina; Minor Revisions to Nitrogen 
Oxides Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
approval of a revision to the North Carolina State Implementation Plan 
(SIP) submitted by the North Carolina Department of Environmental 
Quality (NCDEQ), 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 nitrogen 
oxides (NOX) rule. EPA is approving these changes pursuant 
to the Clean Air Act (CAA or Act).

DATES: This rule is effective February 13, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0433. All documents in the docket 
are listed on the 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: Steven Scofield, 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) 562-9034. Mr. Scofield can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing to take?

    EPA is finalizing the approval of changes to North Carolina's SIP 
that were provided to EPA through NCDEQ via a letter dated April 13, 
2021.\1\ EPA is approving the changes to North Carolina's 15A North 
Carolina Administrative Code (NCAC) Subchapter 02D, Section .1400, 
Nitrogen Oxides (hereinafter referred to as Section .1400).\2\ The 
April 13, 2021, revision to the North Carolina SIP transmits changes 
that do not alter the meaning of the regulations, such as clarifying 
changes, updated cross-references, and several ministerial language 
changes.
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    \1\ EPA notes that the submittal was received through the State 
Planning Electronic Collaboration System (SPeCS) on April 14, 2021. 
For clarity, this notice will refer to the submittal by the date on 
the cover letter, which is April 13, 2021.
    \2\ EPA notes that the Agency received several submittals 
revising the North Carolina SIP that were transmitted with the same 
April 13, 2021, cover letter. EPA will be considering action for 
these other SIP revisions in separate rulemakings.
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    Specifically, EPA is finalizing the approval of changes to 15A NCAC 
Subchapter 02D, Rules: .1401, Definitions; .1402, Applicability; .1403, 
Compliance Schedules; .1404 Recordkeeping: Reporting: Monitoring; 
.1407, Boilers and Indirect-Fired Process Heaters; .1408, Stationary 
Combustion Turbines; .1409, Stationary Internal Combustion Engines; 
.1410, Emissions Averaging; .1411, Seasonal Fuel Switching; .1412, 
Petition for Alternative Limitations; .1413, Sources Not Otherwise 
Listed in this Section; .1414, Tune-Up Requirements; .1415, Test 
Methods and Procedures; and .1418, New Electric Generating Units, 
Boilers, Combustion Turbines, and Large I/C Engines.\3\
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    \3\ At this time, EPA is not finalizing the approval of changes 
to Rule 02D .1423, Large Internal Combustion Engines, included in 
the notice of proposed rulemaking published on November 22, 2022 (87 
FR 71286).

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[[Page 2244]]

    Through a notice of proposed rulemaking (NPRM), published on 
November 22, 2022 (87 FR 71286), EPA proposed to approve the April 13, 
2021, changes to North Carolina Section 15 NCAC 02D .1400. The details 
of North Carolina's submission, as well as EPA's rationale for 
approving the changes, are described in more detail in the November 22, 
2022, NPRM. Comments on the November 22, 2022, NPRM were due on or 
before December 22, 2022. No comments were received on the NPRM, 
adverse or otherwise.

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, EPA is finalizing the incorporation by reference of 15A NCAC 
Subchapter 02D .1401, Definitions; .1402, Applicability; .1403, 
Compliance Schedules; .1404 Recordkeeping: Reporting: Monitoring; 
.1407, Boilers and Indirect-Fired Process Heaters; .1408, Stationary 
Combustion Turbines; .1409, Stationary Internal Combustion Engines; 
.1410, Emissions Averaging; .1411, Seasonal Fuel Switching; .1412, 
Petition for Alternative Limitations; .1413, Sources Not Otherwise 
Listed in this Section; .1414, Tune-Up Requirements; .1415, Test 
Methods and Procedures; and .1418, New Electric Generating Units, 
Boilers, Combustion Turbines, and Large I/C Engines, state effective on 
October 1, 2020, into the North Carolina SIP. 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 State implementation plan, 
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

    EPA is finalizing the approval of the April 13, 2021, SIP revision 
to incorporate various changes to North Carolina's NOX air 
provisions into the SIP. Specifically, EPA is proposing to approve 
various ministerial and minor changes to language and other clarifying 
changes throughout North Carolina's rules in 02D Section .1400, 
Nitrogen Oxides. EPA is approving these changes because they are 
consistent with the CAA.

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 14, 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements.

    Dated: December 30, 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.

[[Page 2245]]

Subpart II--North Carolina

0
2. In Sec.  52.1770(c), amend table (1) by removing the entries for 
``Section .1401,'' ``Section .1402,'' ``Section .1403,'' ``Section 
.1404,'' ``Section .1407,'' ``Section .1408,'' ``Section .1409,'' 
``Section .1410,'' ``Section .1411,'' ``Section .1412,'' ``Section 
.1413,'' ``Section .1414,'' ``Section .1415,'' and ``Section .1418;'' 
and adding in their place entries for ``Rule .1401,'' ``Rule .1402,'' 
``Rule .1403,'' ``Rule .1404,'' ``Rule .1407,'' ``Rule .1408,'' ``Rule 
.1409,'' ``Rule .1410,'' ``Rule .1411,'' ``Rule .1412,'' ``Rule 
.1413,'' ``Rule .1414,'' ``Rule .1415,'' and ``Rule .1418'' to read as 
follows:


Sec.  52.1770  Identification of plan.

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    (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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                                          Section .1400 Nitrogen Oxides
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Rule .1401......................  Definitions...........       10/1/2020  1/13/2023, [Insert
                                                                           citation of
                                                                           publication].
Rule .1402......................  Applicability.........       10/1/2020  1/13/2023, [Insert
                                                                           citation of
                                                                           publication].
Rule .1403......................  Compliance Schedules..       10/1/2020  1/13/2023, [Insert
                                                                           citation of
                                                                           publication].
Rule .1404......................  Recordkeeping:               10/1/2020  1/13/2023, [Insert
                                   Reporting: Monitoring.                  citation of
                                                                           publication].
Rule .1407......................  Boilers and Indirect-        10/1/2020  1/13/2023, [Insert
                                   Fired Process Heaters.                  citation of
                                                                           publication].
Rule .1408......................  Stationary Combustion        10/1/2020  1/13/2023, [Insert
                                   Turbines.                               citation of
                                                                           publication].
Rule .1409......................  Stationary Internal          10/1/2020  1/13/2023, [Insert
                                   Combustion Engines.                     citation of
                                                                           publication].
Rule .1410......................  Emissions Averaging...       10/1/2020  1/13/2023, [Insert
                                                                           citation of
                                                                           publication].
Rule .1411......................  Seasonal Fuel                10/1/2020  1/13/2023, [Insert
                                   Switching.                              citation of
                                                                           publication].
Rule .1412......................  Petition for                 10/1/2020  1/13/2023, [Insert
                                   Alternative                             citation of
                                   Limitations.                            publication].
Rule .1413......................  Sources Not Otherwise        10/1/2020  1/13/2023, [Insert
                                   Listed in This                          citation of
                                   Section.                                publication].
Rule .1414......................  Tune-Up Requirements..       10/1/2020  1/13/2023, [Insert
                                                                           citation of
                                                                           publication].
Rule .1415......................  Test Methods and             10/1/2020  1/13/2023, [Insert
                                   Procedures.                             citation of
                                                                           publication].
Rule .1418......................  New Electric                 10/1/2020  1/13/2023, [Insert
                                   Generating Units,                       citation of
                                   Large Boilers, and                      publication].
                                   Large I/C Engines.
 
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[FR Doc. 2022-28658 Filed 1-12-23; 8:45 am]
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