[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53798-53800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16603]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0428; FRL-9991-02-R4]


Air Plan Approval; North Carolina; Air Quality Control, Revisions 
to Particulates From Fugitive Dust Emissions Sources Rule

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 Division of Air Quality (NCDAQ) through a letter dated 
September 10, 2021. The SIP revision includes changes to the State's 
air pollution control requirements in the SIP that modify several 
definitions, clarify its applicability requirements, adjust the 
requirement for fugitive dust control plan submissions, and make minor 
language and formatting changes. EPA is approving these changes 
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective September 8, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0428. 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 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-Miles, Multi-Air 
Pollutant Coordination Section, Air Planning and Implementation Branch, 
Air and Radiation Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW, Atlanta, North Carolina 30303-8960. The 
telephone number is (404) 562-9144. Ms. Williams-Miles can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 10, 2021, NCDAQ submitted a revision to North 
Carolina's Rule 15A North Carolina Administrative Code (NCAC) 02D 
.0540, Particulates from Fugitive Non-Process Dust Emission 
Sources.1 2 The submittal makes changes to the State's air 
pollution control requirements by revising several definitions, 
clarifying applicability requirements, updating language, and making 
other minor changes to the corresponding particulate matter fugitive 
emission control regulation in the North Carolina SIP.\3\ EPA believes 
that the changes to Rule 02D .0540 provide additional clarity to the 
applicability of control plans and control plan procedures, rule 
exemptions, and definitions for fugitive dust emission sources. EPA has 
determined that the changes to the SIP do not interfere with attainment 
and maintenance of the NAAQS or any other applicable requirement of the 
Act.
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    \1\ EPA received the September 10, 2021, submittal on September 
14, 2021. For clarity, throughout this rulemaking EPA will refer to 
the September 14, 2021, submission by its cover letter date of 
September 10, 2021.
    \2\ The September 10, 2021, submittal included several changes 
to other North Carolina SIP-approved rules that are not addressed in 
this rulemaking. EPA will act on those rule revisions in separate 
actions.
    \3\ NCDAQ submitted a letter to EPA on January 25, 2023, 
withdrawing the changes to Rule .0540(e)(1) from consideration for 
inclusion in the North Carolina SIP. For this reason, EPA is not 
acting on the changes to paragraph (e)(1) in this rulemaking.
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    Through a notice of proposed rulemaking (NPRM), published on March 
23, 2023 (88 FR 17479), EPA proposed to approve the September 10, 2021, 
changes to North Carolina Rule 15 NCAC 02D .0540. The details of North 
Carolina's submission, as well as EPA's rationale for approving the 
changes, are described in more detail in the March 23, 2023, NPRM. 
Comments on the March 23, 2023, NPRM were due on or before April 24, 
2023. No comments were received on the March 23, 2023, NPRM.

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, and as discussed in section I of this preamble, EPA is 
finalizing the incorporation by reference of 15A NCAC 02D .0540, 
Particulates from Fugitive Dust Emission Sources, State effective on 
September 1, 2019, into the North Carolina SIP with the exception of 
paragraph (e)(1).\4\ 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.\5\
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    \4\ Paragraph (e)(1) remains in the SIP with a State effective 
date of August 1, 2007.
    \5\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is finalizing the approval of the September 10, 2021, SIP 
revision to incorporate various changes to North Carolina's fugitive 
emission dust control regulation. Specifically, EPA is proposing to 
approve various changes to Rule 02D .0540, Particulates from Fugitive 
Dust Emission Sources, as explained herein. EPA is proposing to approve 
these changes for the reasons discussed above.

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,

[[Page 53799]]

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); and
     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.
    In addition, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    NCDAQ did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving EJ for people of color, low-income populations, 
and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 10, 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, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: May 22, 2023.
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, amend the table in paragraph (c)(1) by revising 
the entry for ``Rule .0540'' 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     EPA approval date         Explanation
                                                           date
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                                    Section .0500 Emission Control Standards
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                                                  * * * * * * *
Rule .0540...................  Particulates from          9/1/2019  8/9/2023,............  With the exception of
                                Fugitive Dust                       [Insert citation of     paragraph (e)(1),
                                Emission Sources.                    publication].          which has a State
                                                                                            effective date of
                                                                                            August 1, 2007.
 
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[FR Doc. 2023-16603 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P