[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Proposed Rules]
[Pages 5091-5093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00534]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0187; FRL-10016-71-Region 4]


Air Plan Approval; North Carolina; Revisions to Exclusionary 
Rules and Permit Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of revisions to a State Implementation Plan (SIP) 
submitted by the State of North Carolina through the North Carolina 
Department of Environmental Quality, Division of Air Quality (DAQ), on 
September 18, 2009, and July 10, 2019. These SIP revisions seek to 
modify the State's rules that define the categories of facilities that 
are exempted from Title V permitting requirements by limiting their 
potential emissions (``exclusionary rules'') and the categories of 
facilities that are exempted from the State's rules that address the 
permitting requirements for non-Title V facilities (``permit exemption 
rules''). EPA is proposing to approve this revision pursuant to the 
Clean Air Act (CAA or Act).

DATES: Comments must be received on or before February 18, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0187 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: Pearlene Williams, 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. Ms. Williams can be 
reached via telephone at (404) 562-9144, or via electronic mail at 
williams.pearlene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. Submittal--September 18, 2009

    On September 18, 2009, DAQ submitted revisions to 15A North 
Carolina Administrative Code (NCAC) Subchapter 02Q, Section .0902, 
Temporary Crushers,\1\ for review and approval into the SIP. These 
changes are part of North Carolina's permit exemption rules at Section 
.0900 that define the categories of facilities that are exempted from 
the State's regulations that address the permitting requirements for 
non-Title V facilities. These changes are discussed in more detail in 
Section II.
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    \1\ DAQ supplemented the September 18, 2009, submittal in a 
letter dated June 7, 2019, which includes the correct redline/
strikeout of the regulatory changes and final regulations that 
became state effective on January 1, 2009. This letter is available 
in the docket for this proposed rulemaking.
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B. Submittal--July 10, 2019

    On July 10, 2019, DAQ submitted SIP revisions to EPA with changes 
to the following rules in 15A NCAC 02Q Section .0800 that define the 
categories of facilities that are exempted from Title V permitting 
requirements by limiting their potential emissions: Section .0801, 
Purpose and Scope; Section .0802, Gasoline Service Stations and 
Dispensing Facilities; Section .0803, Coating, Solvent Cleaning, 
Graphic Arts Operations; Section .0804, Dry Cleaning Facilities; 
Section .0805, Grain Elevators; Section .0806, Cotton Gins; and Section 
.0807, Emergency Generators; and Section .0809, Concrete Batch 
Plants.\2\ The July 10, 2019, SIP revisions also contain changes to the 
following permit exemption rules: Section .0901, Purpose and Scope; and 
Section .0902, Temporary Crushers. These changes are discussed in more 
detail in Section II.
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    \2\ The State submitted the revisions following the readoption 
of several air regulations. These include: .0801, .0802, .0803, 
.0804, .0805, .0806, .0807, .0809, .0901, and .0902, and were 
submitted pursuant to North Carolina's 10-year regulatory readoption 
process at North Carolina General Statute 150B-21.3A.
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II. Analysis of the State Submittals

    The revisions that are the subject of this proposed rulemaking make 
changes to exclusionary rules and permit exemption rules under 
Subchapter 2Q \3\ of the North Carolina SIP. These changes revise the 
recordkeeping and reporting requirements of the exclusionary rules; 
remove Section .0809, Concrete Batch Plants; revise the provisions of 
Section .0902, Temporary Crushers; and revise language and reformat the 
regulatory citations contained in the exclusionary and permit exemption 
rules. Detailed descriptions of the changes are provided below.
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    \3\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02Q is referred 
to as ``Subchapter 2Q Air Quality Permits.''
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    Section .0801, Purpose and Scope, is revised to modify language and 
reformat the regulatory citations of this section. In addition, the 
recordkeeping and reporting requirement exemptions are removed. New 
paragraphs have been created using the existing text of this section. 
The language changes in this section pertain to updates to subject-verb 
agreements and word tense. EPA is proposing to approve these changes to 
these rules because they are grammatical and organizational in

[[Page 5092]]

nature and therefore do not interfere with any applicable requirement 
concerning attainment or any other applicable requirement of the Act.
    North Carolina submitted changes to several rules within Section 
.0800 which do not alter the meaning or make significant changes to 
those rules. Specifically, the following rules are submitted with 
changes to update a cross-reference to where the ``responsible 
official'' at a facility is defined in the North Carolina regulations, 
reformat regulatory citations, make minor language edits, and correct 
typographical errors, where applicable: Sections .0802, Gasoline 
Service Stations and Dispensing Facilities; \4\ .0803, Coating, Solvent 
Cleaning,\5\ Graphic Arts Operations; .0804, Dry Cleaning Facilities; 
.0805, Grain Elevators; .0806, Cotton Gins; .0807, Emergency 
Generators; and Section .0901, Purpose and Scope. EPA is proposing to 
approve these changes to these rules because they do not alter the 
meaning of the regulations. . . .
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    \4\ 15 NCAC 02Q .0802(c) includes a typographical error that 
inadvertently changed the word ``for'' to ``form'' instead of the 
correct word ``from.''
    \5\ EPA previously approved changes to .0803, Coating Solvent 
Cleaning, state effective April 1, 2001 (as transmitted in an April 
16, 2001, SIP revision), on August 8, 2002 (67 FR 51461). EPA 
inadvertently reverted the state effective date included in Table 
(c) of 40 CFR 52.1770 to April 1, 1999, in a subsequent action on 
October 22, 2002 (67 FR 64990). The April 1, 2001 change to the 
reporting date in paragraph (i), now recodified as paragraph (j), is 
included and superseded in the April 1, 2018, state effective 
version of 15A NCAC 02Q .0803.
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    DAQ has repealed Section .0809, Concrete Batch Plans and is 
proposing to remove it from the SIP. This rule covered certain sizes of 
concrete batch plants that use fabric filters or equivalently effective 
control devices to control particulate emissions to limit production 
such that the potential to emit (PTE) would remain below applicable 
Title V thresholds as determined by the State. Under the rule, these 
facilities were not required to obtain major source operating permits 
pursuant to 02Q .0500, Title V Procedures. Section .0809 functioned as 
a flexible permitting mechanism to cover certain types of concrete 
batch plants that wished to avoid Title V permitting. Sources 
previously covered by this rule can elect to obtain synthetic minor 
operating permits pursuant to 02Q .0315, Synthetic Minor Facilities, or 
otherwise have the option to obtain a Title V permit pursuant to 02Q 
.0500 if their PTE is above the Title V thresholds. EPA has 
preliminarily determined that repealing Section .0809 does not 
interfere with any applicable requirement concerning attainment or any 
other applicable requirement of the Act because it simply removes a 
mechanism sources could use to avoid Title V permitting. Accordingly, 
EPA is proposing to remove Section .0809 from the SIP.
    Section .0902, Temporary Crushers, is revised with edits from the 
September 18, 2009,\6\ and July 10, 2019, submittals that include 
clarifying edits, changes to formatting, minor modifications to 
language, correction of typographical errors, and renumbering.\7\ 
First, the permit exemption regarding temporary crushers is revised to 
remove language related to the diesel fuel burning equipment at these 
facilities. Previously, to qualify for the exemption from 02Q .0300, 
Construction and Operating Permits, temporary crushers that used a 
diesel-fired generator or diesel engine to drive the crusher could not 
burn more than 17,000 gallons of diesel at the facility. North Carolina 
explains that removing this language is necessary because DAQ does not 
regulate engines such as these, which are subject to Title II of the 
CAA, Emissions Standards for Moving Sources. Any associated engines at 
such temporary sources would be defined as portable and, as such, not 
considered part of a stationary source. Therefore, the effect of 
removing these engines from the rule exempting temporary crushers is 
clarifying in nature and does not alter existing permitting 
requirements. The edits also add a new paragraph (i), which requires an 
owner or operator of a crusher to apply for and receive an air quality 
permit before beginning operations (should they plan to operate for 
more than twelve months). Other revisions include updated cross-
references to applicable rules and updated recordkeeping and reporting 
requirements to reflect the removal of these engines from the 
exemption. Remaining edits include updates to numbering, minor changes 
to existing language, and correction of typographical errors. EPA is 
proposing to approve these minor and clarifying changes to Section 
.0902 because they do not interfere with any applicable requirement 
concerning attainment or any other applicable requirement of the Act.
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    \6\ EPA has already taken action on the following portions of 
the September 18, 2009 submittal: 02D .0901--approved at 78 FR 27065 
(May 9, 2013); 02D .0902--approved at 78 FR 44890 (July 25, 2013); 
02D .0909--approved at 78 FR 58184 (September 23, 2013); and 02Q 
.0304--approved at 85 FR 43461 (June 24, 2020). Rules 02D .0953 and 
.0954 were repealed, state effective September 18, 2009, and removed 
from the SIP at 78 FR 58184 (September 23, 2013). DAQ withdrew the 
following portions of the September 18, 2009 submittal: 02D .0521 
(withdrawn June 7, 2019) and 02D .0952 (Withdrawn November 30, 
2012). Additionally, DAQ withdrew paragraph (d) of 02Q .0902 (as 
renumbered from paragraph (c)) in the September 18, 2009, submittal 
and carried forward in the July 10, 2019, submittal, from EPA 
consideration in a letter dated on June 1, 2020. The June 1, 2020, 
withdrawal letter is available in the docket for this proposed 
rulemaking.
    \7\ Except for the change to Section .0902(d) in the July 10, 
2019 and September 18, 2009 SIP revisions which was withdrawn from 
EPA consideration in a letter dated June 1, 2020. Additionally, the 
withdrawal of paragraph (d) from section 02Q .0902, leaves the 
section with two paragraphs (c), one state effective on January 1, 
2001 and one state effective on January 1, 2009. DAQ plans to submit 
revisions to address the two paragraphs (c) in a future submission.
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III. Incorporation by Reference

    In this notice, 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 following sections of 15A NCAC Subchapter 02Q with a 
state-effective date of April 1, 2018: Section .0801, Purpose and 
Scope; Section .0802, Gasoline Service Stations and Dispensing 
Facilities; Section .0803, Coating, Solvent Cleaning, Graphic Arts 
Operations; Section .0804, Dry Cleaning Facilities; Section .0805, 
Grain Elevators; Section .0806, Cotton Gins; Section .0807, Emergency 
Generators; Section .0901, Purpose and Scope and Section .0902, 
Temporary Crushers (with the exception of .0902(d)). EPA is also 
proposing to remove North Carolina regulation 15A NCAC Subchapter 02Q 
Section .0809, Concrete Batch Plants, from the North Carolina SIP, 
which is incorporated by reference in accordance with the requirements 
of 1 CFR part 51. These changes are proposed to revise the 
recordkeeping and reporting requirements of the permitting exclusionary 
rules, remove the ``Concrete Batch Plants'' regulation, revise 
language, and reformat the regulatory citations contained in these 
regulations. 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

    EPA is proposing to approve the changes described above to the 
North Carolina SIP submitted by the State of North Carolina on 
September 18, 2009, and July 10, 2019. The changes under Subchapter 02Q 
Section .0801, Purpose and Scope; Section .0802, Gasoline Service 
Stations and Dispensing

[[Page 5093]]

Facilities; Section .0803, Coating, Solvent Cleaning, Graphic Arts 
Operations; Section .0804, Dry Cleaning Facilities; Section .0805, 
Grain Elevators; Section .0806, Cotton Gins; Section .0807, Emergency 
Generators; Section .0901, Purpose and Scope; and Section .0902, 
Temporary Crushers, are proposed to revise the recordkeeping and 
reporting requirements of the permitting exclusionary rules, remove 
Section .0809, the Concrete Batch Plants regulation, revise language, 
and reformat the regulatory citations contained in these regulations. 
The proposed 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, 
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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 16, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2021-00534 Filed 1-15-21; 8:45 am]
BILLING CODE 6560-50-P


