[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Rules and Regulations]
[Pages 60895-60897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21647]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0036; FRL-10151-02-R4]


Air Plan Approval; North Carolina; Source Testing and Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
finalizing the approval of changes to the North Carolina State 
Implementation Plan (SIP), submitted by the State of North Carolina 
through the North Carolina Division of Air Quality (NCDAQ), through a 
letter dated October 9, 2020. The SIP revisions include changes to 
NCDAQ's regulations regarding monitoring and performance testing for 
stationary sources of air pollution. EPA is approving these changes 
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective November 7, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0036. 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: Sarah LaRocca, 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. LaRocca can be reached via electronic mail at 
[email protected] or via telephone at (404) 562-8944.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 9, 2020, NCDAQ submitted a SIP revision addressing 
changes to North Carolina's regulations on monitoring and performance 
testing for stationary sources of air pollution. Specifically, the 
revisions address several regulations under 15A North Carolina 
Administrative Code (NCAC) Subchapter 02D, Section .0600, Air 
Contaminants; Monitoring; Reporting, and Section .2600, Source 
Testing.\1\
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    \1\ EPA notes that the Agency received several submittals 
revising the North Carolina SIP transmitted with the same October 9, 
2020, cover letter. EPA will be considering action for these other 
SIP revisions, including certain 02D Section .0600 and Section .2600 
rules not considered in this action, in separate rulemakings.
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    The October 9, 2020, revisions to the North Carolina SIP mostly 
include changes that do not alter the meaning of the regulations, such 
as clarifying changes, updating cross-references, and making several 
ministerial language changes. However, as described in an August 24, 
2022, Notice of Proposed Rulemaking (NPRM), other changes transmitted 
include requiring additional information in the source testing 
protocols and revising the required test methods in certain cases.
    On August 24, 2022, EPA published a NPRM proposing to approve these 
revisions. Additional details on the revisions, as well as EPA's 
rationale for approving these changes, can be found in the August 24, 
2022, NPRM. See 87 FR 51941. Comments on the August 24, 2022, NPRM were 
due on or before September 23, 2022. EPA received no comments on the 
NPRM.

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, and as specified in Section I of this preamble, EPA is finalizing 
the incorporation by reference of the following North Carolina rules, 
with a state effective date of November 1, 2019: Rule 02D .0607, Large 
Wood and Wood-Fossil Fuel Combination Units, Rule 02D .0608, Other 
Large Coal or Residual Oil Burners, Rule 02D .0610, Federal Monitoring 
Requirements, Rule 02D .0612, Alternative Monitoring and Reporting 
Procedures, Rule 02D .0613, Quality Assurance Program, Rule 02D .2603, 
Testing Protocol, Rule 02D .2604, Number of Test Points, Rule 02D 
.2605, Velocity and Volume Flow Rate, Rule 02D .2606, Molecular Weight, 
Rule 02D .2607, Determination of Moisture Content, Rule 02D .2608, 
Number of Runs and Compliance Determination, Rule 02D .2610, Opacity, 
Rule 02D .2612, Nitrogen Oxide Testing Methods, Rule 02D .2613, 
Volatile Organic Compound Testing Methods, and Rule 02D .2614, 
Determination of VOC Emission Control System Efficiency. 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.\2\
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    \2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the October 9, 2020, SIP revisions to incorporate 
multiple changes to North Carolina's source monitoring and testing 
provisions into the SIP. Specifically, EPA is approving various 
ministerial and minor changes to language and other clarifying changes 
throughout North Carolina's rules in 02D Section .0600, Monitoring: 
Recordkeeping: Reporting, and .2600, Source Testing. EPA is approving 
these changes for the reasons discussed above and in the NPRM.

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 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

[[Page 60896]]

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, 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 6, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, 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, the 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 2D Air 
Pollution Control Requirements'' by removing the entries for ``Section 
.0607,'' ``Section .0608,'' ``Section .0610,'' ``Section .0612,'' 
``Section .0613,'' ``Section .2603,'' ``Section .2604,'' ``Section 
.2605,'' ``Section .2606,'' ``Section .2607,'' ``Section .2608,'' 
``Section .2610,'' ``Section .2612,'' ``Section .2613,'' and ``Section 
.2614;'' and adding in their place entries for ``Rule .0607,'' ``Rule 
.0608,'' ``Rule .0610,'' ``Rule .0612,'' ``Rule .0613,'' ``Rule 
.2603,'' ``Rule .2604,'' ``Rule .2605,'' ``Rule .2606,'' ``Rule 
.2607,'' ``Rule .2608,'' ``Rule .2610,'' ``Rule .2612,'' ``Rule 
.2613,'' and ``Rule .2614.'' The additions 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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                                                  * * * * * * *
Rule .0607.......................  Large Wood and Wood-      11/1/2019  10/7/2022, [Insert
                                    Fossil Fuel                          citation of
                                    Combination Units.                   publication].
Rule .0608.......................  Other Large Coal or       11/1/2019  10/7/2022, [Insert
                                    Residual Oil                         citation of
                                    Burners.                             publication].
 
                                                  * * * * * * *
Rule .0610.......................  Federal Monitoring        11/1/2019  10/7/2022, [Insert
                                    Requirements.                        citation of
                                                                         publication].
 
                                                  * * * * * * *
Rule .0612.......................  Alternative               11/1/2019  10/7/2022, [Insert
                                    Monitoring and                       citation of
                                    Reporting                            publication].
                                    Procedures.
Rule .0613.......................  Quality Assurance         11/1/2019  10/7/2022, [Insert
                                    Program.                             citation of
                                                                         publication].
 

[[Page 60897]]

 
                                                  * * * * * * *
Rule .2603.......................  Testing Protocol...       11/1/2019  10/7/2022, [Insert
                                                                         citation of
                                                                         publication].
Rule .2604.......................  Number of Test            11/1/2019  10/7/2022, [Insert
                                    Points.                              citation of
                                                                         publication].
Rule .2605.......................  Velocity and Volume       11/1/2019  10/7/2022, [Insert
                                    Flow Rate.                           citation of
                                                                         publication].
Rule .2606.......................  Molecular Weight...       11/1/2019  10/7/2022, [Insert
                                                                         citation of
                                                                         publication].
Rule .2607.......................  Determination of          11/1/2019  10/7/2022, [Insert
                                    Moisture Content.                    citation of
                                                                         publication].
Rule .2608.......................  Number of Runs and        11/1/2019  10/7/2022, [Insert
                                    Compliance                           citation of
                                    Determination.                       publication].
 
                                                  * * * * * * *
Rule .2610.......................  Opacity............       11/1/2019  10/7/2022, [Insert
                                                                         citation of
                                                                         publication].
 
                                                  * * * * * * *
Rule .2612.......................  Nitrogen Oxide            11/1/2019  10/7/2022, [Insert
                                    Testing Methods.                     citation of
                                                                         publication].
Rule .2613.......................  Volatile Organic          11/1/2019  10/7/2022, [Insert
                                    Compound Testing                     citation of
                                    Methods.                             publication].
Rule .2614.......................  Determination of          11/1/2019  10/7/2022, [Insert
                                    VOC Emission                         citation of
                                    Control System                       publication].
                                    Efficiency.
 
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[FR Doc. 2022-21647 Filed 10-6-22; 8:45 am]
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