[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43461-43463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14092]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0638; FRL-10011-31-Region 4]


Air Plan Approval; North Carolina; Miscellaneous Permit 
Provisions Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of North 
Carolina, through the North Carolina Department of Environmental 
Quality, Division of Air Quality (DAQ), with letters dated September 
18, 2009, September 16, 2016, and July 10, 2019. These SIP revisions 
amend several of North Carolina's rules regarding construction and 
operating permits. This action is being finalized pursuant to the Clean 
Air Act (CAA or Act).

DATES: This rule is effective August 17, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0638. 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: Evan Adams, 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) 
562-9009. Mr. Adams can also be reached via electronic mail at 
adams.evan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving SIP revisions submitted by DAQ, through letters 
dated September 18, 2009, September 16, 2016, and July 10, 2019. North 
Carolina's September 18, 2009,1 2 submittal revises rule 15A 
North Carolina Administrative Code (NCAC) 02Q .0304, Applications, to 
make clarifying and ministerial edits. The September 16, 
2016,3 4 submittal revises 15A NCAC 02D .0101, Definitions, 
and 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, 
Definitions; and .0104, Where to Obtain and File Permit Applications, 
to make clarifying and administrative updates. Finally, the July 10, 
2019, submittal readopts, and makes clarifying and ministerial edits to 
the following: 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, 
Definitions; .0104, Where to Obtain and File Permit Applications; 
.0105, Copies of Referenced Documents; .0106, Incorporation by 
Reference; .0107, Confidential Information; .0108, Delegation of 
Authority; .0109, Compliance Schedule for Previously Exempted 
Activities; .0110, Retention of Permit at Permitted Facility; and 
.0111, Applicability Determinations.\5\
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    \1\ EPA received the submittal on September 22, 2009.
    \2\ EPA received a supplemental submittal of corrected redline/
strikeout changes for 02Q Section .0304 on June 7, 2019. See the 
docket for this action.
    \3\ EPA received the submittal on October 4, 2016.
    \4\ EPA notes that Section 02Q .0203, Permit and Application 
Fees was submitted as well. However, this Section is not approved 
into the SIP, and is not appropriate for the SIP. EPA will therefore 
not take action on this Section.
    \5\ On July 10, 2019, EPA received several SIP revisions. EPA is 
only acting on the changes to North Carolina's SIP as described in 
this notice. EPA will act on the other SIP revisions in separate 
rulemakings.
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    EPA published a notice of proposed rulemaking (NPRM) proposing 
approval of the aforementioned North Carolina SIP revisions on April 
27, 2020. See 85 FR 23272. The details of North Carolina's submissions 
and the rationale for EPA's actions are explained in the April 27, 
2020, NPRM. Comments were due on May 27, 2020.

II. Response to Comments

    EPA received two comments on the April 27, 2020, NPRM. One comment 
was in support of EPA's proposed action, and the other comment was 
adverse. A summary of the adverse comment and EPA's response is 
provided below.
    Comment: The Commenter asks why EPA needs to approve this SIP 
revision and suggests that states should ``take primacy over their 
SIPs'' once EPA has initially approved them. The Commenter also states 
that EPA should not approve this SIP revision and should allow states 
to take control over their programs.
    Response: As explained herein and in the April 27, 2020, NPRM, DAQ 
requested this SIP revision, which amends several SIP-approved rules 
pertaining to construction and operating permits. Pursuant to CAA 
section 110(k)(3), 42 U.S.C. 7410(k)(3), ``EPA shall approve'' a SIP 
revision ``if it meets all of the applicable requirements'' of the Act. 
Thus, as a matter of law, EPA is required to approve a SIP revision if 
it meets the Act's requirements, as these North Carolina SIP revisions 
do. To the extent the Commenter is suggesting that EPA take action 
beyond this particular SIP revision, such a comment is outside the 
scope of this rulemaking.

III. 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

[[Page 43462]]

by reference of 15A NCAC 02D .0101, Definitions, state effective 
January 1, 2015; \6\ 15A NCAC 02Q .0101, Required Air Quality Permits; 
.0103, Definitions; .0104, Where to Obtain and File Permit 
Applications; .0105, Copies of Referenced Documents; .0106, 
Incorporation by Reference; .0107, Confidential Information; .0108, 
Delegation of Authority; .0109, Compliance Schedule for Previously 
Exempted Activities; .0110, Retention of Permit at Permitted Facility; 
and .0111, Applicability Determinations, state effective April 1, 2018; 
and 15A NCAC 02Q .0304, Applications, state effective January 1, 2009. 
These changes are either non-substantive or otherwise necessary to 
clarify applicability. 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 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.\7\
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    \6\ The effective date of the change to 15A NCAC 02D .0101 made 
in North Carolina's September 16, 2016 SIP revision is January 1, 
2016. However, for purposes of the state-effective date at 40 CFR 
52.1770(c), that change to North Carolina's rule is captured and 
superseded by North Carolina's update in a March 21, 2018 (state 
effective January 1, 2018) SIP revision, which EPA previously 
approved on April 10, 2019 (84 FR 14308).
    \7\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving 15A NCAC 02D .0101, Definitions, submitted 
September 16, 2016; 15A NCAC 02Q .0101, Required Air Quality Permits; 
.0103, Definitions; .0104, Where to Obtain and File Permit 
Applications; .0105, Copies of Referenced Documents; .0106, 
Incorporation by Reference; .0107, Confidential Information; .0108, 
Delegation of Authority; .0109, Compliance Schedule for Previously 
Exempted Activities; .0110, Retention of Permit at Permitted Facility; 
and .0111, Applicability Determinations, submitted July 10, 2019; and 
15A NCAC 02Q .0304, Applications, submitted September 18, 2009. EPA is 
finalizing the changes above to North Carolina's SIP submitted on 
September 18, 2009, September 16, 2016, and July 10, 2019.

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, if 
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. These actions are 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 September 15, 2020. 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. These actions 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, Reporting and recordkeeping 
requirements.

    Dated: June 24, 2020.
Mary Walker,
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 Table 1 to paragraph (c) by:

[[Page 43463]]

0
a. Under ``Subchapter 2D Air Pollution Control Requirements'' revising 
the entry for ``Section .0101''; and
0
b. Under Subchapter 2Q Air Quality Permit Procedures by revising the 
entries for ``Section .0101'', ``Section .0103'', ``Section .0104'', 
``Section .0105'', ``Section .0106'', ``Section .0107'', ``Section 
.0108'', ``Section .0109'', ``Section .0110'', ``Section .0111'', and 
``Section .0304''.
    The revisions 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 date    EPA approval date         Explanation
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                                Subchapter 2D Air Pollution Control Requirements
                                    Section .0100 Definitions and References
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Section .0101..............  Definitions.........        1/1/2018  7/17/2020, [Insert
                                                                    citation of
                                                                    publication].
 
                                                  * * * * * * *
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                                        Subchapter 2Q Air Quality Permits
                                        Section .0100 General Provisions
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Section .0101..............  Required Air Quality        4/1/2018  7/17/2020, [Insert
                              Permits.                              citation of
                                                                    publication].
 
                                                  * * * * * * *
Section .0103..............  Definitions.........        4/1/2018  7/17/2020, [Insert
                                                                    citation of
                                                                    publication].
Section .0104..............  Where to Obtain and         4/1/2018  7/17/2020, [Insert
                              File Permit                           citation of
                              Applications.                         publication].
Section .0105..............  Copies of Referenced        4/1/2018  7/17/2020, [Insert
                              Documents.                            citation of
                                                                    publication].
Section .0106..............  Incorporation by            4/1/2018  7/17/2020, [Insert
                              Reference.                            citation of
                                                                    publication].
Section .0107..............  Confidential                4/1/2018  7/17/2020, [Insert
                              Information.                          citation of
                                                                    publication].
Section .0108..............  Delegation of               4/1/2018  7/17/2020, [Insert
                              Authority.                            citation of
                                                                    publication].
Section .0109..............  Compliance Schedule         4/1/2018  7/17/2020, [Insert
                              for Previously                        citation of
                              Exempted Activities.                  publication].
Section .0110..............  Retention of Permit         4/1/2018  7/17/2020, [Insert
                              at Permitted                          citation of
                              Facility.                             publication].
Section .0111..............  Applicability               4/1/2018  7/17/2020, [Insert
                              Determinations.                       citation of
                                                                    publication].
 
                                                  * * * * * * *
Section .0304..............  Applications........        1/1/2009  7/17/2020, [Insert
                                                                    citation of
                                                                    publication].
 
                                                  * * * * * * *
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[FR Doc. 2020-14092 Filed 7-16-20; 8:45 am]
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