[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Proposed Rules]
[Pages 50028-50030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16906]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0554; FRL-9187-01-R4]


Air Plan Approval; North Carolina; Miscellaneous Emission Control 
Standards Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 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), Division of Air Quality 
(DAQ), through a letter dated April 13, 2021. This SIP revision 
includes changes to a subset of NCDEQ's regulations regarding emission 
control standards. EPA is proposing to approve these changes pursuant 
to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before September 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0554 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres, 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. Mr. Febres can be 
reached via electronic mail at [email protected] or via 
telephone at (404) 562-8966.

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing?

    EPA is proposing to approve certain changes to North Carolina's SIP 
that were provided to EPA through NCDEQ via a letter dated April 13, 
2021, and related to North Carolina's 15A North Carolina Administrative 
Code (NCAC) Subchapter 02D, Section .0500, Emission Control 
Standards.\1\ Specifically, EPA is proposing approval of changes to 15A 
NCAC 02D Sections .0516, Sulfur Dioxide Emissions from Combustion 
Sources; .0517, Emissions from Plants Producing Sulfuric Acid; .0519, 
Control of Nitrogen Dioxide and Nitrogen Oxides Emissions; and .0533, 
Stack Height.2 3 The changes to these sections, as well as 
EPA's analysis of the changes, is discussed in the following sections.
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    \1\ EPA notes that the April 13, 2021, submittal was received by 
EPA on April 14, 2021.
    \2\ EPA received several revisions to the North Carolina SIP 
through the same April 13, 2021, cover letter. This proposed 
rulemaking only addresses the revisions identified within this 
notice. EPA may act on the remaining revisions, including certain 
02D Section .0500 rules not considered in this proposed action, in 
separate rulemakings.
    \3\ On February 22, 2022, and July 6, 2022, North Carolina 
submitted letters to EPA withdrawing the changes to Rule 15A NCAC 
02D .0532 and .0527, respectively, from EPA's consideration. For 
this reason, EPA will not act on these changes to Rule .0532 or 
.0527. Both letters can be found in the docket for this proposed 
action.
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II. EPA's Analysis of the State's Submittal

A. Rule 15A NCAC 02D .0516

    Rule 02D .0516, Sulfur Dioxide Emissions from Combustion Sources, 
includes minor grammatical edits to paragraph .0516(a) by removing the 
words ``that is'', as well as a rewording of paragraph .0516(b) for 
clarity. In addition, North Carolina removes a reference to Rules 02D 
.1205 and .1211 from paragraph .0516(b), which originally excluded 
large municipal waste combustors and other solid waste incineration 
units, respectively, from complying with the requirements of rule 
.0516. These two references were removed because the two rules were 
State-only rules that have since been repealed, effective July 1, 
2018.\4\
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    \4\ See NCDAQ's website at https://deq.nc.gov/about/divisions/air-quality/air-quality-rules/rules/control-emissions-from-incinerators.
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    EPA has preliminarily determined that these changes to the SIP will 
not interfere with attainment and maintenance of the national ambient 
air quality standards (NAAQS) or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to the North Carolina SIP.

B. Rule 15A NCAC 02D .0517

    Rule 0517, Emissions from Plants Producing Sulfuric Acid, contains 
very minor typographical edits, such as substituting parentheses for 
commas, and edits for clarity, such as adding an ``and'' between two 
requirements that both must be met.
    EPA has preliminarily determined that these changes to the SIP will 
not interfere with attainment and

[[Page 50029]]

maintenance of the NAAQS or any other applicable requirement of the 
Act. Therefore, EPA is proposing to approve the aforementioned changes 
into the North Carolina SIP.

C. Rule 15A NCAC 02D .0519

    Rule .0519, Control of Nitrogen Dioxide and Nitrogen Oxides 
Emissions, includes, among other minor edits, a change in paragraph 
.0519(a) to address a typographical error. Specifically, North Carolina 
is correcting the previous reference to ``sulfuric'' acid, to instead 
reference to ``nitric'' acid. A reference to sulfuric acid in paragraph 
.0519(a) did not make sense in the context of this rule, as Rule .0519 
is specific to emissions from nitrogen sources (i.e. nitrogen dioxide 
and nitrogen oxide). With sulfuric acid, calculations using the 
equation in .0519(c) would not function for the purpose of comparing 
boiler emissions to the nitrogen dioxide emissions limit found in 
.0519(a).
    Additionally, an incorrect reference to paragraph .0519(a), in 
paragraph (d) of this rule, was changed to instead reference paragraph 
.0519(b). This is a typographical correction because the provisions in 
paragraph .0519(d) are regarding nitrogen oxide emissions from boilers, 
which would fall under paragraph (b) of this rule, whereas paragraph 
.0519(a) refers to nitrogen dioxide emissions from nitric acid 
manufacturing plants.
    Paragraph .0519(c) was revised to clarify the units that are 
subject to the emissions limit calculation of this paragraph. The 
changes clarify that .0519(c) applies to boilers ``burning coal, oil, 
or gas in combination'' which would mean any combination of these three 
fuel types.
    The remaining changes to Rule .0519 are clarifying in nature. For 
example, an ``or'' is added to .0519(b)(1) to clarify that there are 
two separate emissions standards that apply to different types of 
boilers; an equation is reformatted in .0519(c); and .0519(d) is 
rephrased for clarity, including identification of the cross-referenced 
rules.
    EPA has preliminarily determined that these changes to the SIP will 
not interfere with attainment and maintenance of the NAAQS or any other 
applicable requirement of the Act. Therefore, EPA is proposing to 
approve the aforementioned changes to the North Carolina SIP.

D. Rule 15A NCAC 02D .0533

    Rule 0533, Stack Height, includes only minor grammatical and 
formatting changes that do not alter the meaning of the provisions. 
Specifically, Rule .0533 reorders the definitions for ``Stack'', ``Good 
engineering practice (GEP),'' ``Nearby,'' and ``Emission limitation'' 
to reformat the rule alphabetically. In addition, minor changes are 
made throughout Rule .0533 to update citations; make minor grammatical 
corrections that do not alter the meaning of the provisions (e.g., 
removing ``actually'' from .0533(a)(5)(B)); and add clarity (e.g., 
adding an ``and'' between two definitions that apply to different 
situations in .0533(a)(6)(A) and adding the word ``shall'' in 
.0533(a)).
    EPA has preliminarily determined that these changes to the SIP will 
not interfere with attainment and maintenance of the NAAQS or any other 
applicable requirement of the Act. Therefore, EPA is proposing to 
approve the aforementioned changes to the North Carolina SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include, in a final EPA rule, 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, and as described in Section I and 
II of this preamble, EPA is proposing to incorporate by reference 15A 
NCAC Subchapter 02D, Section .0516, Sulfur Dioxide Emissions from 
Combustion Sources; Section .0517, Emissions from Plants Producing 
Sulfuric Acid; Section .0519, Control of Nitrogen Dioxide and Nitrogen 
Oxides Emissions; and Section .0533, Stack Height, all state effective 
on November 1, 2020. 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 April 13, 2021, SIP revision to 
incorporate various changes to a subset of North Carolina's emission 
control standards provisions into the SIP. Specifically, EPA is 
proposing to approve changes to 15A NCAC 02D Sections .0516, Sulfur 
Dioxide Emissions from Combustion Sources; .0517, Emissions from Plants 
Producing Sulfuric Acid; .0519, Control of Nitrogen Dioxide and 
Nitrogen Oxides Emissions; and .0533, Stack Height. EPA is proposing to 
approve these changes for the reasons discussed above.

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);
     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.

[[Page 50030]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: August 1, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-16906 Filed 8-12-22; 8:45 am]
BILLING CODE 6560-50-P


