[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Rules and Regulations]
[Pages 14019-14021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06882]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0078; FRL-9991-94-Region 4]


Air Plan Approval; North Carolina; Miscellaneous Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve 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), through letters 
dated April 4, 2017, August 22, 2017, and September 28, 2018. These SIP 
revisions make amendments, most of which are structural and minor, to 
North Carolina's source testing rules. This action is being taken 
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule will be effective May 9, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2018-0078. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not 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, Pesticides and Toxics Management 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: Andres Febres, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. 
The telephone number is (404) 562-8966. Mr. Febres can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Through letters dated April 4, 2017, August 22, 2017, and September 
28, 2018, the State of North Carolina, through NCDEQ, submitted three 
SIP revisions for EPA approval.\1\ These SIP revisions include 
structural amendments to 15A North Carolina Administrative Code (NCAC) 
02D Section .0501--Compliance with Emission Control Standards, and 
typographical amendments to 15A NCAC 02D Section .0536--Particulate 
Emissions from Electric Utility Boilers.\2\ Additionally, the SIP 
revisions incorporate, for primarily structural and organizational 
reasons, four new rules: 15A NCAC 02D Sections .2609--Particulate 
Testing Methods, .2610--Opacity, .2611--Sulfur Dioxide Testing Methods, 
and .2617--Total Reduced Sulfur. EPA has determined that a number of 
these changes to the North Carolina SIP are either structural or minor 
and ministerial and do not alter the meaning of any SIP provisions. EPA 
has also determined that all other changes are SIP-strengthening, and 
that all are consistent with federal regulations regarding source 
testing and are approvable pursuant to section 110 of the CAA.
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    \1\ EPA received the SIP revisions on April 28, 2017, September 
6, 2017, and October 10, 2018, respectively.
    \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.''
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    The changes to the North Carolina SIP that are the subject of this 
final rulemaking, as well as EPA's analysis of the changes and 
rationale for approving them, are described in further detail in a 
notice of proposed rulemaking (NPRM) published on February 12, 2019 (84 
FR 3381). Comments on the NPRM were due on or before March 14, 2019. 
EPA received no relevant comments on the proposed action. EPA is now 
taking final action to approve these revisions.

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 under Subchapter 
2D, of North Carolina's SIP, Sections .0501--Compliance with Emission 
Control Standards, .0536--Particulate Emissions from Electric Utility 
Boilers, .2609--Particulate Testing Methods, .2610--Opacity, .2611--
Sulfur Dioxide Testing Methods, and .2617--Total Reduced Sulfur, all 
state effective June 1, 2008. 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

[[Page 14020]]

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.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving North Carolina's April 4, 2017, August 22, 2017, 
and September 28, 2018, SIP revisions. Specifically, EPA is approving, 
under Subchapter 2D of the North Carolina SIP, the addition of new 
Sections .2609, .2610, .2611, and .2617, as well as amendments to 
existing Sections .0501 and .0536. EPA is approving these SIP revisions 
because the Agency has determined that they are consistent with the CAA 
and will not interfere with attainment or maintenance of any NAAQS, 
reasonable further progress, or any other applicable requirement.

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);
     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.
    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 June 10, 2019. 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: March 29, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended 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. Section 52.1770(c)(1) is amended in the table under ``Subchapter 2D 
Air Pollution Control Requirements'' by:
0
a. Revising the entries for ``Section .0501'' and ``Section .0536''; 
and
0
b. Adding entries, in numerical order, for ``Section .2609'', ``Section 
.2610'', ``Section .2611'', and ``Section .2617''.
    The revisions and additions read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

[[Page 14021]]



                                   (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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                                                  * * * * * * *
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                                    Section .0500 Emission Control Standards
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Section .0501....................  Compliance with            6/1/2008  4/9/2019, [Insert    ...................
                                    Emission Control                     citation of
                                    Standards.                           publication].
 
                                                  * * * * * * *
Section .0536....................  Particulate                6/1/2008  4/9/2019, [Insert    ...................
                                    Emissions from                       citation of
                                    Electric Utility                     publication].
                                    Boilers.
 
                                                  * * * * * * *
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                                          Section .2600 Source Testing
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                                                  * * * * * * *
Section .2609....................  Particulate Testing        6/1/2008  4/9/2019, [Insert    ...................
                                    Methods.                             citation of
                                                                         publication].
Section .2610....................  Opacity............        6/1/2008  4/9/2019, [Insert    ...................
                                                                         citation of
                                                                         publication].
Section .2611....................  Sulfur Dioxide             6/1/2008  4/9/2019, [Insert    ...................
                                    Testing Methods.                     citation of
                                                                         publication].
 
                                                  * * * * * * *
Section .2617....................  Total Reduced              6/1/2008  4/9/2019, [Insert    ...................
                                    Sulfur.                              citation of
                                                                         publication].
 
                                                  * * * * * * *
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[FR Doc. 2019-06882 Filed 4-8-19; 8:45 am]
 BILLING CODE 6560-50-P


