
[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Proposed Rules]
[Pages 8654-8657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04383]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0422; FRL-9990-68-Region 4]


Air Plan Approval; NC; Emission Control Standards, Open Burning, 
and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of a revision to the North Carolina State 
Implementation Plan (SIP) submitted by the State of North Carolina 
through the North Carolina Department of Environmental Quality 
(formerly the North Carolina Department of Environment and Natural 
Resources (NCDENR)), Division of Air Quality, on January 31, 2008. The 
revision includes changes to emission control standards and open 
burning regulations. The changes are part of North Carolina's strategy 
to meet and maintain the national ambient air quality standards 
(NAAQS). This action is being taken pursuant to the Clean Air Act (CAA 
or Act) and its implementing regulations.

DATES: Comments must be received on or before April 10, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0422 at http://www.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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 
30303-8960. Ms. Ward can be reached via telephone at (404) 562-9140, or 
via electronic mail at ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 31, 2008, the State of North Carolina, through 
NCDENR,\1\ submitted changes to the North Carolina SIP for EPA 
approval. EPA is proposing to approve changes to the following 
regulations under 15A North Carolina Administrative Code (NCAC) 02D, 
Section .0519, Control of Nitrogen Dioxide and Nitrogen Oxides 
Emissions; Section .0540, Particulates From Fugitive Non-Process Dust 
Emissions; and Section .1907, Multiple Violations Arising From a Single 
Episode.\2\ These changes are a part of North Carolina's strategy to 
attain and maintain the NAAQS and are being proposed for approval 
pursuant to section 110 of the CAA. EPA has taken, will take, or, for 
various reasons, will not take separate action on all other changes 
submitted on January 31, 2008.\3\
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    \1\ NCDENR is now the North Carolina Department of Environmental 
Quality.
    \2\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred 
to as ``Subchapter 2D Air Pollution Control Requirements.''
    \3\ On February 5, 2015 (80 FR 6455), EPA took final action on 
2D Section .1004. On July 18, 2017 (82 FR 32767), EPA took direct 
final action on 2D Sections .1901, .1902 and .1903. EPA will be 
taking separate action on 15A NCAC Sections 2D .1904 and 2Q .0102. 
EPA is not taking action on 2D Sections .0516 and .0521, because the 
changes to these rules reference incinerator rules under CAA 
sections 111(d) and 129 and 40 CFR part 60 and are not a part of the 
federally-approved SIP. EPA is not taking action on changes to 2Q 
Section .0506 because the changes reference a regulation not 
approved into the SIP. Lastly, EPA is not taking action on changes 
to 2D Sections .0524, .0960, .1201, .1202, .1208, .1211, and .2303 
because the State withdrew these regulations from its January 31, 
2008, submittal.
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II. Analysis of the State Submittals

    The revision that is the subject of this proposed rulemaking makes 
changes to emission control standard regulations under Subchapter 2D of 
the North Carolina SIP. These changes revise the applicability of 
nitrogen dioxide (NO2) and nitrogen oxides emissions 
standards to nitric acid plants, amend definitions and expand the 
applicability of provisions related to fugitive dust emissions, and add 
a new open burning rule for multiple violations that can occur from a 
single open burning event. The changes either do not interfere with 
attainment and maintenance of the NAAQS or they have the effect of 
strengthening the North Carolina SIP. Detailed descriptions of the 
changes are below:
    1. Section .0519, Control of Nitrogen Dioxide and Nitrogen Oxides 
Emissions is amended by removing the provision to limit NO2 
emissions from nitric acid manufacturing plants. This regulation covers 
existing nitric acid manufacturing plants only, and the provision 
limiting NO2 emissions from sulfuric acid manufacturing 
plants remains unchanged. The provision limiting NO2 
emissions from existing nitric acid manufacturing plants is removed 
because at the time of the regulations changes there were no nitric 
acid plants in the State (nor are there any currently operating in the 
State). Section .0519 is also amended by adding a provision clarifying 
that boilers subject to emission standards under regulations under 
Subchapter 2D of the North Carolina SIP, Sections .0524, New Source 
Performance Standards or .1418, New Generating Units, Large Boilers and 
Internal Combustion Engines, must meet the requirements of those 
regulations instead of the requirements in Section .0519. To 
demonstrate that this change does not interfere with the maintenance 
and attainment of the NAAQS, North Carolina submitted a noninterference 
demonstration supporting this change to its SIP on April 11, 2017.\4\ 
North Carolina confirmed in its noninterference demonstration that 
there are currently no nitric acid plants operating in the State, and 
any new nitric acid plants with affected boilers or engines will be 
required to comply with the New Source Performance Standards or new 
generating units, large boilers and internal combustion engines 
Sections at .0524 and .1418 that are more stringent than the standards 
being removed. EPA is proposing to find that the rationale in North 
Carolina's noninterference demonstration sufficiently establishes that 
the revisions to Section .0519 will not interfere with attainment and 
maintenance of the NAAQS pursuant to CAA section 110(l).\5\
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    \4\ This noninterference demonstration is a part of the docket 
for this action.
    \5\ Section 110(l) requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any 
other applicable requirement of the Act.
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    2. Section .0540, Particulates From Fugitive Non-Process Dust 
Emissions is amended to make the Section applicable to all fugitive 
dust emissions instead of only fugitive non-process dust emissions. 
Section .0540 requires that the owner or operator of a facility shall 
not cause or allow fugitive dust emissions to cause or contribute to 
substantive complaints or visible emissions in excess of prescribed 
levels. Preliminarily, EPA views the expanded applicability of Section 
.0540 as SIP strengthening. To effectuate this expanded applicability, 
the substitution

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of the term ``fugitive non-process dust emissions'' with ``fugitive 
dust emissions'' has been made throughout the Section to reflect this 
change. Other changes to this regulation are as follows:
     The title has been changed from ``Particulates From 
Fugitive Non-Process Dust Emissions'' to ``Particulates From Fugitive 
Dust Emission Sources;''
     The term ``fugitive non-process dust emissions'' has been 
modified to eliminate ``non-process,'' and the corresponding definition 
has been modified;
     The terms ``excess fugitive dust emissions,'' ``production 
of crops,'' and ``public parking,'' along with definitions thereof, 
have been added, and the definitions have been renumbered to reflect 
these additions;
     A provision clearly identifying certain activities that 
are excluded from the regulation's expanded applicability has been 
added under paragraph (b). These activities include: Abrasive blasting 
covered under Subchapter 2D Section .0541; cotton ginning operations 
covered under Subchapter 2D Section .0542; non-production military base 
operations; land disturbing activities; and public roads, public 
parking, timber harvesting, or production of crops. As a preliminary 
matter, EPA believes the exclusion of these activities from the 
expanded applicability of .0540 does not result in the North Carolina 
SIP being less stringent. This is because, in the current North 
Carolina SIP, these activities are already not subject to the 
requirements of Section .0540 due to the fact that applicability of the 
current SIP-approved regulation is limited to non-process fugitive dust 
emissions from only four specified source categories and the activities 
now proposed for explicit exclusion in the new version of the 
regulation were effectively excluded under the old regulation.
     The requirements related to substantive complaints 
regarding fugitive dust emissions from facilities have been revised to 
provide clarity to the requirements that an owner or operator must meet 
in order to comply with the regulation. The regulation is amended by 
adding an objective method (reference method 22) for determining 
opacity at the property boundary to assist inspectors in application of 
the regulation. The regulation is also amended to include the processes 
that need to be followed when excess fugitive emissions substantive 
complaints are received.
    As noted above, the current SIP-approved version of Section .0540 
applies to only four source categories that reference regulation 
Section .0540 regarding control of non-process fugitive dust emissions: 
Section .0506, Hot Mix Asphalt Plants; Section .0509, Mica or Feldspar 
Processing Plants; Section .0510, Sand, Gravel, or Crushed Stone 
Operations; and Section .0511, Light Weight Aggregate Processes. The 
amendments to the regulation now expand its applicability to require 
sources with no permit, and that are not subject to one of the 
aforementioned four categories, to abate fugitive dust that is due to 
poor collection and/or control systems or non-process fugitive 
emissions. The focus of the regulation is no longer limited to non-
process fugitive emissions, and the amendments eliminate any 
differentiation between fugitive non-process and fugitive process 
emissions.
    The other major change to the regulation includes the addition of 
reference method 22 for visible emissions determination. Compliance 
with the regulation was previously determined by the presence of 
physical evidence to verify a complaint (i.e., dust that must be 
attributed solely to a source). The addition of reference method 22 
allows an inspector to determine compliance based on any opacity at the 
property boundary that occurs more than six minutes in an hour and 
includes all fugitive dust. The amendments also include the processes 
that need to be followed when excess fugitive emissions or two (or 
more) substantive complaints are received. The amendment requires 
immediate abatement measures for identified fugitive dust emission 
sources within 30 days and permanent plans for fugitive dust abatement 
within 90 days (60 days from the first report).
    EPA has preliminarily determined that the changes to Section .0540 
have the effect of strengthening the SIP by covering both process and 
non-process fugitive dust from facilities subject to an emission 
standard or a permit, whereas the current SIP-approved version of the 
regulation applies only to non-process fugitive dust from four source 
categories. EPA also believes, as a preliminary matter, that the 
amendments related to the specified exclusions do not make the SIP less 
stringent because the excluded activities were already effectively 
excluded under the old regulation. The changes also provide clarity to 
definitions, exclusions, and the requirements applicable to substantive 
complaints. For the reasons noted above, EPA is proposing approval of 
the changes to this regulation and proposing to find that these 
amendments to Section .0540 and the revisions to the SIP satisfy CAA 
section 110(l) and do not interfere with attainment and maintenance of 
the NAAQS or any other applicable requirement of the Act.
    3. Section .1907, Multiple Violations Arising From a Single Episode 
is a new open burning regulation being added to the North Carolina SIP. 
North Carolina added this provision to allow assessment of multiple 
civil penalties with respect to a single open burning event because 
multiple violations may occur during a single episode. EPA believes, as 
a preliminary matter, that this new regulation is SIP-strengthening and 
on this basis EPA is proposing approval of North Carolina's request to 
add this regulation to its SIP.

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 North Carolina regulations under Subchapter 2D Air 
Pollution Control Requirements, Section .0519, Control of Nitrogen 
Dioxide and Nitrogen Oxides Emissions; Section .0540, Particulates From 
Fugitive Dust Emission Sources; and Section .1907, Multiple Violations 
Arising from a Single Episode, which had a state effective date of July 
1, 2007. These changes are proposed to revise the applicability of 
NO2 and nitrogen oxides emissions standards to nitric acid 
plants, amend definitions and the applicability of provisions related 
to fugitive dust emissions, and add a new open burning rule for 
multiple violations that can occur from a single open burning event. 
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

    For the reasons described above, EPA is proposing to approve the 
aforementioned changes to the North Carolina SIP submitted by the State 
of North Carolina on January 31, 2008, pursuant to section 110 because 
these changes are consistent with the CAA.

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,

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provided that they meet the criteria of the CAA. This action merely 
proposes to approve state law as meeting Federal requirements and does 
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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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.

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: February 25, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-04383 Filed 3-8-19; 8:45 am]
 BILLING CODE 6560-50-P


