[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Rules and Regulations]
[Pages 62990-62994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21651]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0187; FRL-10244-01-R4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of revisions to the 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 revisions modify two different 
sections of the North Carolina SIP which (1) exclude certain categories 
of facilities from title V permitting requirements by imposing 
limitations on their potential emissions (Section 2Q .0800, 
``Exclusionary Rules''), and (2) exclude certain categories of 
facilities from the SIP's permitting requirements by imposing 
limitations on their potential emissions (Section 2Q .0900, ``Permit 
Exemptions''). EPA is approving these revisions pursuant to the Clean 
Air Act (CAA or Act).

DATES: This rule is effective November 17, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0187. 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 can either 
be retrieved electronically via 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: 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 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In a notice of proposed rulemaking (NPRM) published on January 19, 
2021 (86 FR 5091), EPA proposed to approve changes to several 
provisions under 15A North Carolina Administrative Code (NCAC) 
Subchapter 2Q, Air Quality Permit Procedures,\1\ of the North Carolina 
SIP. EPA proposed revisions to the following rules under Section 2Q 
.0800 (``Exclusionary Rules''), which defines the categories of 
facilities that are not subject to title V permitting requirements due 
to limitations on their potential emissions: 2Q .0801, Purpose and 
Scope; 2Q .0802, Gasoline Service Stations and Dispensing Facilities; 
\2\ 2Q .0803, Coating, Solvent Cleaning, Graphic Arts Operations; 2Q 
.0804, Dry Cleaning Facilities; 2Q .0805, Grain Elevators; 2Q .0806, 
Cotton Gins; and 2Q .0807, Emergency Generators. In addition, EPA 
proposed to remove from the SIP Rule 2Q .0809, Concrete Batch Plants.
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    \1\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 2Q is referred 
to as ``Subchapter 2Q Air Quality Permits.''
    \2\ This amendment changes the title of Rule 2Q .0802 in 40 CFR 
52.1770(c) from ``Gasoline Servicing Stations and Dispensing 
Facilities'' to ``Gasoline Service Stations and Dispensing 
Facilities.''
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    EPA also proposed revisions to the following rules under Section 2Q 
.0900 (``Permit Exemptions''), which defines the categories of 
facilities that are exempt from the State's SIP permitting requirements 
for non-title V facilities by limiting their potential emissions: 2Q 
.0901, Purpose and Scope, and 2Q .0902, Temporary 
Crushers.3 4 The January 19, 2021, NPRM provides additional 
detail regarding the background and rationale for EPA's action. 
Comments were due on or before February 18, 2021.
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    \3\ In the September 18, 2009, submittal, North Carolina changes 
the title of Rule 2Q .0902 from ``Portable Crushers'' to ``Temporary 
Crushers.''
    \4\ 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 rulemaking.
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II. Response to Comments

    EPA received comments on the January 19, 2021, NPRM, which are 
included in the docket for this rulemaking. The comments arrived in a 
letter dated February 18, 2021, and originate from one commentor, Air 
Law for All. The Commenter also provided supplemental documentation to 
support its comments. The comments are generally opposed to the 
revisions to the permit exemption provisions of Rule 2Q .0902, 
Temporary Crushers, which exempts temporary rock crushers that meet 
certain criteria from the requirement to obtain stationary source 
construction and operating permits under Section 2Q .0300 of the SIP. 
EPA received no comments on the changes to rules under Section 2Q .0800 
or other rule revisions proposed for approval in the NPRM. Below, EPA 
summarizes and responds to the comments received and briefly describes 
the temporary crushers covered by Rule 2Q .0902.
    A crusher is a machine designed to crush rocks into sand, gravel, 
or smaller crushed rocks. The term ``temporary crusher'' means a 
crusher that will be operated at any one site or facility for

[[Page 62991]]

no more than 12 months. See provision 2Q .0902(a). To operate, a 
crusher is attached to either a diesel engine, which powers the 
crusher, or to a diesel-fired generator, which provides electrical 
power to the crusher and can either be mounted on the crusher or 
separated from it on a trailer. These diesel engines are mobile sources 
that meet the definition of ``nonroad engine'' in the CAA and its 
general compliance provisions for highway, stationary, and nonroad 
programs. See 72 U.S.C. 7550(10); 40 CFR 1068.30 (definition of 
``nonroad engine'').\5\ The existing SIP-approved version of Rule 2Q 
.0902 exempts temporary crushers from permitting if, among other 
specific criteria, any diesel-fired generator or a diesel engine that 
powers the crusher burns no more than 17,000 gallons of diesel fuel at 
any one facility or site.
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    \5\ See also 40 CFR 1068.30, General Compliance Provisions for 
Highway, Stationary, and Nonroad Programs, which defines ``nonroad 
engines,'' in part, as any internal combustion engine that, by 
itself or in or on a piece of equipment, is portable or 
transportable, and does not remain at a location for more than 12 
consecutive months.
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    Comment 1: The Commenter states that diesel engines used at a 
temporary source are considered nonroad engines and that the State has 
the authority to regulate the ``use and operation'' of nonroad engines 
under a permissible interpretation of section 209(e) of the CAA. The 
Commenter quotes 40 CFR part 1074, subpart A, Appendix A, which states, 
in part, ``EPA believes that states are not precluded under 42 U.S.C. 
7543 [CAA section 209] from regulating the use and operation of nonroad 
engines, such as regulations on hours of usage, daily mass emission 
limits, or sulfur limits on fuel; nor are permits regulating such 
operations precluded, once the engine is no longer new.'' \6\ The 
Commenter then asserts that regulation of total fuel consumption 
pursuant to Rule 2Q .0902 at a temporary crusher facility is a 
regulation of ``the use and operation'' of the diesel engines.
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    \6\ The Commenter quotes 40 CFR part 89, subpart A, Appendix A, 
which EPA moved to 40 CFR part 1074 in 2021. See 86 FR 34308 (July 
29, 2021).
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    Response 1: EPA disagrees that the existing SIP-approved version of 
Rule 2Q .0902 imposes any restriction or limitation on the ``the use 
and operation'' of diesel engines. Paragraph (b) of the SIP-approved 
version states that the Rule applies to any temporary crusher that:
    (1) crushes no more than 300,000 tons at any one facility or site;
    (2) burns no more than 17,000 gallons of diesel fuel at any one 
facility or site if uses:
    (A) a diesel-fired generator, or
    (B) a diesel engine to drive the crusher;
    (3) does not operate at a quarry that has an air permit issued 
under this subchapter;
    (4) continuously uses water spray to control emissions from the 
crushers; and
    (5) does not operate at a facility that is required to have a 
mining permit issued by the Division of Energy, Mineral, and Land 
Resources.
    These five criteria are not regulating the use and operation of the 
crushers or the diesel engines that run them; they are the criteria 
that a temporary crusher must meet under the existing North Carolina 
SIP to qualify for an exemption from the State's construction and 
operation permit provisions at Section 2Q .0300. North Carolina's July 
10, 2019, SIP revision removes only one of these five criteria--the 
second one regarding the burning of diesel fuel, which places no 
restriction on the combustion of diesel fuel by an engine or generator 
and no limitation on the emissions from such combustion. The other four 
criteria remain for determining whether a temporary crusher qualifies 
for the permit exemption.
    EPA agrees with the Commenter that diesel engines used at a 
temporary source, such as these temporary crushers, are considered 
nonroad engines and that states are not precluded from regulating the 
use and operation of these engines. However, North Carolina's SIP 
explicitly exempts title II nonroad engines from its permitting 
requirements.\7\ Further, the Commenter provides no evidence that the 
fuel combustion threshold being removed from the permitting exemption 
criteria of Rule 2Q .0902 was originally adopted as an in-use 
restriction. The fuel combustion criterion was only one of five 
criteria North Carolina originally chose to adopt in this rule for the 
purpose of deciding whether a temporary crusher qualifies for a 
stationary source permit exemption, as explained further below. The 
State did not create this criterion to regulate emissions from the 
diesel engines. Under the existing rule, for example, if a temporary 
crusher that opted for coverage under Rule 02Q .0902 were to combust 
more than 17,000 gallons of diesel fuel at any one facility or site, it 
would not be in violation of any fuel combustion limitation (because 
none exists). Instead, such facility would be in violation of the 
requirement to obtain a permit in accordance with 15A NCAC 2Q .0300.
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    \7\ See provision 2Q .0102(c)(1)(L)(ii), which states ``[t]he 
following activities do not need a permit or permit modification 
under this Section .0300 of this Subchapter; however, the Director 
may require the owner or operator of these activities to register 
them under 15A NCAC 2D .0200: . . . non self-propelled non-road 
engines, except generators, regulated by rules adopted under Title 
II of the federal Clean Air Act. . . .''
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    North Carolina submitted the temporary crusher permitting exemption 
to EPA as a SIP revision on December 14, 2004, and EPA approved the 
revision on September 29, 2017.\8\ In that original submittal, the 
State estimated that crushers processing 300,000 tons of material would 
emit approximately 1,775 pounds of particulate matter (PM),\9\ the only 
pollutant emitted by temporary crushers subject to Rule 2Q .0902. The 
State also observed that many of these crushers, in combination with 
their associated diesel-powered engines or generators, emit less than 5 
tons per year of each pollutant per site.\10\ The State noted that the 
subject crushers are used on a temporary basis at construction sites to 
crush concrete, asphalt, and stone, are moved from site to site with 
little notice, and are generally at one location for only a few days to 
a few months at a time.\11\ The State asserted that ``[b]ecause of the 
mobile nature of these crushers, requiring them to obtain an air permit 
before moving to a new location is cumbersome and creates compliance 
problems for the crushers and the Division of Air Quality.'' \12\ Thus, 
the purpose of Rule 2Q .0902 is not to regulate the ``use and 
operation'' of these nonroad engines, but to identify the ``temporary 
crushers'' that are exempt from the State's construction and operation 
permits program at Section 2Q .0300 due to the temporary nature of 
their operating location and their low level of air pollutant 
emissions.
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    \8\ See December 14, 2004, SIP revision, included in the docket 
(Docket Identification No. EPA-R04-OAR-2016-0362) for EPA's 
September 29, 2017, rulemaking (82 FR 45473).
    \9\ Id. at Attachment 10, Memorandum, Paul Grable to Mr. Thomas 
Allen, June 9, 2003.
    \10\ Id. at Attachment 9, Economic Assessment.
    \11\ Id.
    \12\ Id.
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    Comment 2: The Commenter states that the diesel engine requirement 
was a valid regulation, and its removal is not merely a clarification.
    Response 2: In its July 10, 2019, submittal, North Carolina states 
that language related to engines throughout Rule 2Q .0902 was deleted 
because DAQ does not regulate engines under CAA title II, Emission 
Standards For Moving Sources (title II).\13\ In other words,

[[Page 62992]]

because emissions from nonroad engines are mobile source emissions and 
not stationary source emissions, those emissions are not subject to any 
requirement of the North Carolina SIP. Indeed, the SIP specifically 
exempts title II nonroad engines from its permitting requirements, and 
the quantity of diesel fuel combusted by a nonroad engine or generator 
driving a crusher has no relevance to stationary source emissions. 
Therefore, removal of the diesel combustion threshold helps to clarify 
that mobile source emissions are not regulated under the current North 
Carolina SIP.\14\
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    \13\ See July 10, 2019, SIP revision, Attachment 2, p. HR-1-202.
    \14\ While Rule 2Q .0902 relates only to North Carolina's SIP 
permitting requirements at Section 2Q .0300, EPA notes that the 
State's title V permitting rules likewise exempt mobile source 
emissions from permitting requirements under that program. See Rules 
02Q .0502(d) and 0503(7)(a).
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    Comment 3: The Commenter states that the removal of the diesel fuel 
combustion threshold on engines at temporary crushers is a relaxation 
of the SIP. According to the Commenter, it is possible that a permit 
for a temporary crusher with engines that burn more than 17,000 gallons 
of diesel will not contain any restrictions on the engines themselves 
but impose restrictions on other emissions from the crusher, and that 
more temporary crushers will qualify for the permit exemption as result 
of the change. The Commenter adds that this exemption is from the 
State's general construction and operating permit program, which is 
intended to protect air quality standards. The Commenter concludes that 
EPA must disapprove the revision for temporary crushers because the 
State has not demonstrated, as required under section 110(l) of the 
Act, that the revisions to the eligibility criteria for the permit 
exemption for temporary crushers will not interfere with requirements 
regarding attainment, reasonable further progress, and other 
requirements of the Act.
    Response 3: EPA disagrees that the requirements of CAA section 
110(l) have not been satisfied. Section 110(l) states that ``[t]he 
Administrator shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress (as defined in section 171), or any 
other applicable requirement of this Act.'' As discussed below, EPA has 
concluded that the changes to Rule 2Q .0902 will not interfere with any 
applicable requirement concerning attainment or any other applicable 
CAA requirement because there are no potential emission increases 
associated with these changes.
    As discussed above, North Carolina does not regulate nonroad 
engines, which are instead regulated by EPA under title II of the 
CAA.\15\ EPA agrees with the State that nonroad diesel emissions are 
mobile source emissions regulated by EPA under title II and are not 
part of the stationary source emissions from temporary crushers. 
Therefore, removing the diesel engine combustion criterion will not 
cause engine emissions to increase because (1) North Carolina does not 
regulate these engines to begin with, (2) this criterion never served 
to limit either the quantity of diesel fuel that an engine or generator 
was allowed to combust or the quantity of emissions allowed from such 
combustion, and (3) title II requirements continue to limit emissions 
from nonroad engines and generators and this action will not change 
title II requirements.
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    \15\ Section 213 of the CAA requires the EPA Administrator to 
promulgate (and periodically revise) regulations containing 
standards applicable to emissions from those classes or categories 
of new nonroad engines and new nonroad vehicles (other than 
locomotives or engines used in locomotives) which in the 
Administrator's judgment cause, or contribute to, air pollution. 
Those regulations are codified under 40 CFR part 1039, Control of 
Emissions from New and In-Use Nonroad Compression-Ignition Engines.
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    With regard to permitting the stationary source, even if a 
temporary crusher with a nonroad engine that combusts more than 17,000 
gallons at any one facility or site were to become exempt from the 
State's construction and operation permits program following removal of 
the fuel combustion criterion, EPA expects no appreciable impact on air 
quality. First, provision 2Q .0902(c) protects the fine and coarse PM 
NAAQS by requiring the owner or operator of a temporary crusher to 
reduce to a minimum any particulate matter from becoming airborne to 
prevent exceeding the ambient air quality standards for particulate 
matter beyond the property line.\16\ Second, EPA does not expect that 
any permit issued by North Carolina to a material crusher prior to 
becoming exempt would have included any emission limitations beyond 
what is already required under state and federal rules and this action 
does not change those requirements. Requirements from 40 CFR part 60, 
subpart OOO, Standards of Performance for Nonmetallic Mineral 
Processing Plants,\17\ and from North Carolina rules 2D .0510, 
Particulates from Sand, Gravel, Or Crushed Stone Operations, and 2D 
.0540, Particulates from Fugitive Non-Process Dust Emission Sources 
continue to apply to these material crushers, in accordance with the 
terms of such rules. These rules contain limitations for particulate 
matter emissions, fugitive emissions, and opacity only. Third, the 
300,000-ton material processing criterion remains in place, and as 
noted above, temporary crushers that emit more than approximately 1,775 
pounds of PM at a site per 12-month period would continue to be subject 
to permitting.
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    \16\ The SIP-approved version of Rule 2Q .0902 states ``The 
owner or operator of a portable crusher shall not cause or allow any 
material to be produced, handled, transported, or stockpiled without 
taking measures to reduce to a minimum any particulate matter from 
becoming airborne to prevent exceeding the ambient air quality 
standards beyond the property line for particulate matter 
(PM2.5, PM10, and total suspended 
particulates).''
    \17\ 40 CFR part 60, subpart OOO, which applies to temporary 
crushers in North Carolina that meet certain applicability criteria 
(see 40 CFR 60.670(a)(1) and (c)(2)), does not include any provision 
regulating the engines or generators that power such equipment.
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    For the reasons discussed above, EPA has concluded that the 
revisions to Rule 2Q .0902 will not interfere with any applicable 
requirement concerning attainment, reasonable further progress, or any 
other applicable CAA requirement.
    Comment 4: The Commenter states that North Carolina's SIP revision 
must include a CAA section 110(l) noninterference demonstration, 
consisting of an air quality analysis or substitute equivalent 
emissions reductions, and that the revision contains no such 
demonstration. Therefore, the Commenter claims that the SIP revision 
does not meet the completeness requirements of Appendix V to 40 CFR 
part 51, and in turn, does not contain the information necessary to 
enable EPA to determine whether the plan submission complies with the 
provisions of the Act, as required by CAA section 110(k)(1)(A). The 
Commenter also states that in the absence of any information from the 
State to support the SIP revision, EPA cannot supplement it with 
technical information about temporary crushers and air quality to 
approve the submittal because to do so would violate the notice 
requirements of the Administrative Procedure Act (APA) (citing Ober v. 
U.S. EPA, 84 F.3d 304, 312 (9th Cir. 1996)). If the State or EPA has 
information that supports approval of the SIP revision, the Commenter 
argues that EPA must re-propose its action and allow for comment on the 
information.
    Response 4: EPA disagrees with the Commenter. Pursuant to CAA 
section 110(k)(1)(B), the SIP submissions being acted on were deemed 
complete by operation of law on March 18, 2010, and

[[Page 62993]]

January 10, 2020, respectively (i.e., six months after the dates of 
submission), because EPA did not make an affirmative finding that the 
submissions were complete or incomplete before those dates. 
Furthermore, given the nature of the revisions to Rule 2Q .0902, the 
SIP submittals did not need a technical air quality analysis or 
equivalent emissions reductions to demonstrate compliance with the CAA. 
Removal of the diesel fuel combustion criterion from Rule 2Q .0902 is 
appropriate because, among other things, mobile source emissions are 
not part of the stationary source (i.e., the temporary crusher) 
emissions, nonroad engines are not regulated by North Carolina, and the 
criterion did not require any air pollutant emission reductions from 
the nonroad engines.\18\ EPA's evaluation of North Carolina's revisions 
to Rule 2Q .0902 is based entirely on the State's December 14, 2004, 
SIP submittal (original request for approval of Rule 2Q .0902); the 
State's September 18, 2009, and July 10, 2019, SIP submittals; the 
State's June 7, 2019, and June 1, 2020, letters included in the docket 
for this rulemaking; the SIP; and on the CAA. EPA has not relied on any 
new technical information in approving this rule revision. Under these 
circumstances, re-proposal of this action is not required by the APA.
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    \18\ See prior comment responses in this notice for additional 
rationale.
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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, and as discussed in Section I and II of this preamble, EPA is 
finalizing the incorporation by reference of the following rules under 
Subchapter 2Q Air Quality Permits with a state-effective date of April 
1, 2018: 2Q .0801, Purpose and Scope; 2Q .0802, Gasoline Service 
Stations and Dispensing Facilities; 2Q .0803, Coating, Solvent 
Cleaning, Graphic Arts Operations; 2Q .0804, Dry Cleaning Facilities; 
2Q .0805, Grain Elevators; 2Q .0806, Cotton Gins; 2Q .0807, Emergency 
Generators; 2Q .0901, Purpose and Scope; and 2Q .0902, Temporary 
Crushers (with the exception of .0902(d)).\19\ Also in this document, 
EPA is finalizing the removal of Rule 2Q .0809, Concrete Batch Plants, 
from the North Carolina SIP, which was previously incorporated by 
reference in accordance with the requirements of 1 CFR part 51. These 
changes to the North Carolina SIP revise the recordkeeping and 
reporting requirements of the permitting exclusionary rules, revise 
language, reformat the regulatory citations contained in these 
regulations, remove the ``Concrete Batch Plants'', and remove provision 
2Q .0902(b)(2). EPA has made, and will continue to make, the State 
Implementation Plan generally available 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, the 
revised materials as stated above, 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.
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    \19\ The changes to paragraph .0902(d) in the July 10, 2019, and 
September 18, 2009, SIP revisions were withdrawn from EPA 
consideration in a letter from DAQ dated June 1, 2020. Additionally, 
the withdrawal of paragraph (d) from Rule 2Q .0902 leaves the rule 
with two paragraphs (c), one state-effective on January 1, 2005, and 
one state-effective on April 1, 2018. DAQ plans to submit revisions 
to address the two paragraphs (c) in a future submission.
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IV. Final Action

    EPA is approving 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 to 2Q .0801, Purpose and Scope; 2Q .0802, 
Gasoline Service Stations and Dispensing Facilities; 2Q .0803, Coating, 
Solvent Cleaning, Graphic Arts Operations; 2Q .0804, Dry Cleaning 
Facilities; 2Q .0805, Grain Elevators; 2Q .0806, Cotton Gins; 2Q .0807, 
Emergency Generators; 2Q .0901, Purpose and Scope; and 2Q .0902, 
Temporary Crushers, revise the recordkeeping and reporting requirements 
of the permitting exclusionary rules, revise language, reformat the 
regulatory citations contained in these regulations, remove 2Q .0809, 
Concrete Batch Plants, and remove provision 2Q .0902(b)(2). The 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 
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 actions 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);
     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,

[[Page 62994]]

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 December 19, 2022. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: September 30, 2022.
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(c) amend Table (1) under ``Subchapter 2Q Air 
Quality Permits'' by:
0
a. Removing the entries for ``Section .0801'', ``Section .0802'', 
``Section .0803'', ``Section .0804'', ``Section .0805'', ``Section 
.0806'', ``Section .0807'', and adding in their place entries for 
``Rule .0801'', ``Rule .0802'', ``Rule .0803'', ``Rule .0804'', ``Rule 
.0805'', ``Rule .0806'', ``Rule .0807'';
0
b. Removing the entry for ``Section .0809''; and
0
c. Removing the entries for ``Section .0901'' and ``Section .0902'' and 
adding in their place entries for ``Rule .0901'' and ``Rule .0902''.
    The amendment reads as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Rule .0801.....................  Purpose and Scope.        4/1/2018  10/18/2022,         .......................
                                                                      [Insert citation
                                                                      of publication].
Rule .0802.....................  Gasoline Service          4/1/2018  10/18/2022,         .......................
                                  Stations and                        [Insert citation
                                  Dispensing                          of publication].
                                  Facilities.
Rule .0803.....................  Coating, Solvent          4/1/2018  10/18/2022,         .......................
                                  Cleaning, Graphic                   [Insert citation
                                  Arts Operations.                    of publication].
Rule .0804.....................  Dry Cleaning              4/1/2018  10/18/2022,         .......................
                                  Facilities.                         [Insert citation
                                                                      of publication].
Rule .0805.....................  Grain Elevators...        4/1/2018  10/18/2022,         .......................
                                                                      [Insert citation
                                                                      of publication].
Rule .0806.....................  Cotton Gins.......        4/1/2018  10/18/2022,         .......................
                                                                      [Insert citation
                                                                      of publication].
Rule .0807.....................  Emergency                 4/1/2018  10/18/2022,         .......................
                                  Generators.                         [Insert citation
                                                                      of publication].
 
                                                  * * * * * * *
Rule .0901.....................  Purpose and Scope.        4/1/2018  10/18/2022,         .......................
                                                                      [Insert citation
                                                                      of publication].
Rule .0902.....................  Temporary Crushers        4/1/2018  10/18/2022,         With the exception of
                                                                      [Insert citation    .0902(d). This rule
                                                                      of publication].    contains two paragraph
                                                                                          ``(c)''s. One has an
                                                                                          effective date of 1/1/
                                                                                          2001. The other has a
                                                                                          state effective date
                                                                                          of 4/1/2018.
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2022-21651 Filed 10-17-22; 8:45 am]
BILLING CODE 6560-50-P


