
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Proposed Rules]
[Pages 60424-60429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18707]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0391; FRL-11368-01-R4]


Air Plan Approval; North Carolina; Revisions to Miscellaneous 
Particulate Matter Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of North Carolina through the North Carolina Division of Air 
Quality (NCDAQ) via a letter dated April 13, 2021. The SIP revision 
seeks to modify the State's emission control standards by amending 
several air quality rules and removing a redundant rule for electric 
utility boilers. EPA is proposing to approve these changes pursuant to 
the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before October 2, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0391, 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 www.epa.gov/dockets/commenting-epa-dockets.

[[Page 60425]]


FOR FURTHER INFORMATION CONTACT: Pearlene Williams-Miles, Multi-Air 
Pollutant Coordination Section, Air Planning and Implementation Branch, 
Air and Radiation Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW, Atlanta, GA 30303-8960. The telephone 
number is (404) 562-9144. Ms. Williams-Miles can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Overview

    EPA is proposing to approve a SIP revision submitted by North 
Carolina on April 14, 2021,\1\ seeking to amend various air quality 
rules and to remove one rule from the North Carolina SIP.\2\ 
Specifically, the SIP revision addresses State regulations amended in 
15A North Carolina Administrative Code (NCAC) Subchapter 02D. The 
submission includes changes to multiple rules in Sections .0400 and 
.0500 of Subchapter 02D and the removal of Rule 02D .0536, Particulate 
Emissions from Electric Utility Boilers.\3\ To support the request to 
remove Rule 02D .0536 from the SIP, the submission includes technical 
support materials to demonstrate that the removal of the rule would not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (RFP) or any other applicable requirement 
of the CAA.\4\
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    \1\ EPA notes that the April 14, 2021, submission was received 
under a cover letter dated April 13, 2021. For clarity, throughout 
this document EPA will refer to the April 14, 2021, submission by 
its cover letter date of April 13, 2021.
    \2\ The April 13, 2021, submittal contains revisions to other 
North Carolina SIP-approved rules that are not addressed in this 
document. EPA will act on those rule changes in separate 
rulemakings.
    \3\ EPA will not act on Rule 02D .0503, Particulates from Fuel 
Burning Indirect Heat Exchangers, since this section was withdrawn 
from EPA consideration in a letter dated January 17, 2023, which is 
in the docket of this notice of proposed rulemaking (NPRM).
    \4\ See CAA section 110(l).
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    EPA's analysis of North Carolina's April 13, 2021, SIP revision is 
organized into two parts under Section II. Section II.A provides 
information and analysis relevant to the amended rules, and Section 
II.B provides the background and analysis for the removal of Rule 02D 
.0536.

II. Analysis of North Carolina's April 14, 2021, SIP Revision

A. Amended Rules

    North Carolina submitted changes to several rules within Subchapter 
2D Sections .0400 and .0500 which do not alter the meaning of or make 
significant changes to those rules. Specifically, the following rules 
were submitted with changes to reformat equations and regulatory 
citations, make minor language edits, correct typographical errors, 
amend punctuation, and make clarifying edits: Rule 02D .0403, Total 
Suspended Particulates; Rule 02D .0501, Compliance with Emission 
Control Standards; Rule 02D .0504, Particulates from Wood Burning 
Indirect Heat Exchangers; Rule 02D .0506, Particulates from Hot Mix 
Asphalt Plants; Rule 02D .0507, Particulates from Chemical Fertilizer 
Manufacturing Plants; Rule 02D .0508, Particulates from Pulp and Paper 
Mills; Rule 02D .0509, Particulates from Mica and Feldspar Processing 
Plants; Rule 02D .0510, Particulates from Sand, Gravel, or Crushed 
Stone Processes; Rule 02D .0511, Particulates from Lightweight 
Aggregate Processes; 02D .0512, Particulates from Wood Products 
Finishing Plants; Rule 02D .0513, Particulates from Portland Cement 
Plants; Rule 02D .0514, Particulates from Ferrous Jobbing Foundries; 
and Rule 02D .0515, Particulates from Miscellaneous Industrial 
Processes. Certain changes to these rules are described below.
1. Rule 02D .0501, Compliance With Emission Control Standards
    Rule 02D .0501, Compliance with Emission Control Standards, is 
revised in paragraph (d)(1)(D) to clarify that the review of an 
application for the proposed mix of alternative controls and the 
enforcement of a resulting permit will not require expenditures on the 
part of the State more than five times that which would otherwise be 
required for review and enforcement of other permits. Additionally, in 
paragraph (d)(2), a weblink is added to allow access to the SIP on the 
DAQ website. Paragraph (e) is revised to clarify that any changes made 
to the permit of a facility invoking paragraph (d) will be submitted to 
EPA to consider the changes' approvability.
2. Rule 02D .0504, Particulates From Wood Burning Indirect Heat 
Exchangers
    Rule 02D .0504, Particulates from Wood Burning Indirect Heat 
Exchangers, is revised at paragraph (a) to clarify that Rule 02D .0504 
applies only to equipment that burns 100 percent wood and to address 
text deleted from paragraph (f) by stating that equipment that burns 
wood and other fuels in combination is subject to Rule 02D .0503, 
Particulates from Fuel Burning Indirect Heat Exchangers.
    Rule 02D .0504 is also revised at paragraph (e) to prohibit a 
change in the allowable emission limit for wood burning indirect heat 
exchangers with previously established allowable emission limits due to 
the removal of a wood burning indirect heat exchanger. This change 
means that the emission limit will remain more stringent in this 
scenario (i.e., where a wood burning indirect heat exchanger has been 
removed but not replaced) because whereas a lower heat input (resulting 
from such removal) would otherwise result in a higher emission limit 
according to the equation in paragraph (c), the limit is not to be 
adjusted with such removal. Next, language is added to specify that for 
indirect heat exchangers constructed after, or in conjunction with, the 
removal of an existing unit, the maximum heat input of the removed wood 
burning indirect heat exchanger shall no longer be considered in the 
determination of the allowable emission limit for any wood burning 
indirect heat exchanger constructed after or in conjunction with the 
removal. In this scenario (i.e., where a new unit is constructed either 
contemporaneously with the removal of an existing unit or after the 
existing unit has been removed), the emission limit is to be updated in 
accordance with the equation in paragraph (c). This change clarifies 
the applicability of the change regarding removed indirect heat 
exchangers and maintains the stringency of the existing rule with 
respect to newly constructed indirect heat exchangers.
    Paragraph (e) is also revised to add language pertaining to 
facilities or institutions for which the indirect heat exchanger is 
utilized primarily for ``comfort heat.'' Specifically, the new language 
states that for those facilities and institutions, only those wood 
burning indirect heat exchangers ``located in the same power plant or 
building or otherwise physically interconnected, such as common flues, 
steam, or power distribution line'' are used to determine the total 
heat input to calculate the corresponding PM emission limit. This 
change aligns Rule 02D .0504 with existing language in Rule 02D 
.0503(e) (addressing PM emissions from fuel burning indirect heat 
exchangers), which has always treated units purposed for comfort heat 
differently. This change is meant to make paragraph (e) consistent with 
the definition of ``plant site'' at subparagraph .0504(a)(3) for units 
whose primary wood burning capacity is for comfort heat, such that only 
those units in the same power plant or building or otherwise physically 
interconnected are treated as units at the same ``plant site.'' North 
Carolina

[[Page 60426]]

explained in a clarification letter dated January 17, 2023, which is in 
the docket for this NPRM, that it added the text to ``clarify instances 
of when such units whose primary wood burning capacity is for providing 
comfort heat would be considered `functionally dependent' in their 
operations under the definition of plant site in 02D .0504(a)(3)(C).'' 
NCDAQ notes that units which are otherwise ``interconnected'' would 
satisfy the criterion of being ``functionally dependent'' at 
.0504(a)(3)(C). This treatment of these indirect heat exchangers 
reflects the fact that units primarily used for comfort heat have a 
more limited purpose and should be treated collectively to the extent 
they are located together or otherwise interconnected, but not if they 
are on adjacent properties and are not heating the same buildings or 
connected to the same power distribution line. Therefore, as explained 
by NCDAQ,\5\ the addition of the text does not change the emission 
limits set forth in paragraph (c).
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    \5\ See the January 17, 2023, clarification letter from NCDAQ, 
which is included in the docket for this NPRM.
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3. Rule 02D .0506, Particulates From Hot Mix Asphalt Plants
    Rule 02D .0506, Particulates from Hot Mix Asphalt Plants, is 
revised at paragraph (a) to specify that the allowable emissions rates 
apply to emissions originating from the stack or chimney of hot mix 
asphalt batch plants regulated by this rule.\6\ This is a clarifying 
amendment meant to recognize that there could be fugitive emissions, 
which, by definition, would not pass through the stack or chimney. 
Paragraph (c) in the SIP-approved version of the rule states that any 
non-process fugitive emissions are covered by Rule 02D .0540, 
Particulates from Fugitive Non-Process Dust Emission Sources, which 
covers ``particulate matter that is not collected by a capture system 
and is generated from areas such as pit areas, process areas, haul 
roads, stockpiles, and plant roads,'' as defined in Rule 02D .0540.
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    \6\ In addition to the changes outlined in this Section II.A.3, 
the State also removed paragraph (f) in the November 1, 2020, state-
effective rule amendments at Rule 02D .0506. EPA never approved 
paragraph (f) into the North Carolina SIP, therefore, there is no 
EPA action requested with respect to this paragraph.
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    The revision to Rule 02D .0506 also reorders some of the 
paragraphs. Paragraph (b) is reordered as paragraph (c). A new 
paragraph (b) is added to establish a 20 percent opacity limit for all 
hot mix asphalt plants. The requirement that fugitive process dust 
control systems (for their drying, conveying, classifying, and mixing 
equipment) be controlled in accordance with the opacity provisions in 
Rules 02D .0521, Control of Visible Emissions, and 02D .0524, New 
Source Performance Standards, is removed from paragraph (c), as 
reordered, and sources are instead required to be equipped with 
scavenger process dust control systems that must exhaust through a 
stack or vent and be operated in a manner to comply with requirements 
established in paragraphs (a) and (b). Under the SIP, fugitive process 
dust emissions from hot mix asphalt plants are regulated by Rule 02D 
.0521, with some sources subject to a 20 percent opacity standard and 
others a 40 percent opacity standard depending on their date of 
manufacture, or Rule 02D .0524 which references Federal new source 
performance standards. The purpose of adding paragraph (b) is to 
require all hot mix asphalt plants, which are now required to have 
scavenger process dust control systems for their fugitive process 
emissions, to comply with an opacity standard of 20 percent, regardless 
of when they were constructed. The current SIP-approved paragraph (c), 
which states that fugitive non-process dust emissions are controlled by 
Rule 02D .0540, Particulates from Fugitive Dust Emission Sources, is 
also reordered as paragraph (d).
    In paragraph (c), as reordered, there are changes to the language 
concerning the process dust control system. First, the SIP-approved 
version of the paragraph describes the control as a ``fugitive process 
dust control system,'' and the updated term in the revised version--
``scavenger process dust control system''--simply reflects that the 
dust control system is designed to collect, control, and vent the 
process dust emissions. Next, the SIP-approved language stating that 
these systems ``shall be operated and maintained in such a manner as to 
reduce to a minimum the emission of particulate matter from any point 
other than the stack outlet'' is updated to say the dust control system 
``shall exhaust through a stack or vent and shall be operated and 
maintained in such a manner as to comply with Paragraphs (a) and (b)'' 
of 02D .0506. The paragraph, as revised, no longer mentions reducing 
emissions from any point other than the stack because the dust control 
system is designed to collect and process these emissions through the 
stack or vent, thereby specifically reducing any such fugitive 
emissions. The new requirement that the system be operated to comply 
with paragraphs (a) and (b) means that the system must meet both the 
particulate matter (PM) emission limit and visibility requirements of 
the rule.
    The revised version of Rule 02D .0506 also includes a new paragraph 
(e), which provides that any fugitive emissions not otherwise covered 
by 02D .0506 are not to exceed 20 percent opacity. EPA is not acting on 
the removal of the word ``elsewhere,'' in paragraph (e), however, the 
Agency is acting on the remaining text in the paragraph.\7\
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    \7\ EPA will not act on the removal of the term ``elsewhere,'' 
in Rule 02D .0506(e) since the removal of this word was withdrawn 
from EPA consideration in a letter dated January 17, 2023, which is 
in the docket for this NPRM.
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4. Rule 02D .0510, Particulates From Sand, Gravel or Crushed Stone 
Processes
    Rule 02D .0510, Particulates from Sand, Gravel or Crushed Stone 
Processes, is revised to provide examples of measures that owners or 
operators of sand, gravel, or crushed stone operations could make to 
``reduce to a minimum any PM becoming airborne.'' Specifically, 
paragraph (a) is revised to include examples of possible control 
measures: ``such as application of a dust or wet suppressant, soil 
stabilizers, covers, or add-on particulate control devices.'' This is a 
noncomprehensive, illustrative list of possible controls to meet the 
requirement to minimize PM emissions. As such, this additional language 
clarifies but does not change the meaning of the rule.
5. Rule 02D .0511, Particulates From Lightweight Aggregate Processes
    Rule 02D .0511, Particulates From Lightweight Aggregate Processes, 
is revised at paragraph (a) to provide one example of a measure--wet 
suppression--that owners or operators of a lightweight aggregate 
process could take to ``reduce to a minimum any PM becoming airborne.'' 
As such, this additional language clarifies but does not change the 
meaning of the rule. Paragraph (d) is also revised to remove the 
statement that ``[t]he 95 percent reduction shall be by air pollution 
control devices.'' This paragraph requires that PM from any stack 
serving lightweight aggregate kilns or dryers ``shall be reduced by at 
least 95 percent by weight before being discharged to the atmosphere.'' 
This reduction requirement remains in place; only the specification as 
to the means of reduction, not the control requirement itself, is 
changing.

[[Page 60427]]

6. Rule 02D .0512, Particulates From Wood Products Finishing Plants
    Rule 02D .0512, Particulates from Wood Products Finishing Plants, 
is revised to clarify that collectors and duct work must be properly 
designed and adequate to collect PM to the maximum extent practicable 
and that Commission approval of other devices proposed for meeting the 
requirements of Rule 02D .0512 shall occur on a case-by-case basis. The 
SIP-approved language states that ``such other devices as approved by 
the Commission'' can be utilized to collect and vent PM. Therefore, 
this additional language regarding other devices clarifies, but does 
not change, the meaning of the rule.
7. Rule 02D .0513, Particulates From Portland Cement Plants
    Rule 02D .0513, Particulates from Portland Cement Plants, is 
revised at paragraph (a)(1) to remove the statement that ``the 99.7 
percent reduction shall be by air pollution control devices.'' This 
paragraph requires that PM from any Portland cement kiln ``shall be 
reduced by at least 99.7 percent by weight before being discharged to 
the atmosphere.'' This reduction requirement remains in place; only the 
specification as to the means of reduction, not the control requirement 
itself, is changing.
    For the reasons discussed above, the changes described in this 
Section II.A would not interfere with any applicable requirement 
concerning attainment and RFP or any other applicable CAA requirement, 
consistent with section 110(l) of the CAA.

B. Removal of 02D .0536, Particulate Emissions From Electric Utility 
Boilers

    On January 24, 1983, and February 21, 1983, North Carolina 
submitted Rule 02D .0536, Particulate Emissions from Electric Utility 
Boilers, to EPA for incorporation into the SIP. Subsequently, North 
Carolina supplemented the submissions on December 17, 1985, and June 
19, 1987. The regulation prescribes PM emission limits for thirteen 
electric utility power plants in the State belonging to Duke Power 
Company (Duke) and Carolina Power and Light (CP&L) relative to Rule 02D 
.0503, Particulates from Fuel-Burning Indirect Heat Exchangers. EPA 
approved portions of and disapproved other portions of Rule 02D .0536 
in 1988.\8\ See 53 FR 11068 (April 5, 1988). The approved portions of 
the regulation set new: relaxed short-term emission limits for eight of 
the plants, retaining, although recodifying, the emission limit for one 
additional plant; stack testing requirements; and requirements for 
submittal of malfunction abatement plans.\9\
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    \8\ EPA approved changes to Rule 02D .0536 in 1996 and 2019. See 
61 FR 5689 (February 14, 1996) and 84 FR 14019 (April 9, 2019).
    \9\ The portions not approved in the 1988 action included 
emission and opacity limits for four plants--CP&L's Asheville, Lee, 
Sutton, and Weatherspoon facilities--which were to be acted upon in 
a separate rulemaking, and the annual opacity limits for all plants, 
which were disapproved.
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    On July 9, 2020, North Carolina repealed Rule 02D .0536 to remove 
from its rules requirements that had become obsolete. EPA is proposing 
to approve NCDAQ's request in the April 14, 2021, submission to remove 
the Rule from the North Carolina SIP. Further analysis is provided 
below.
1. EPA's Analysis of North Carolina's Non-Interference Demonstration
i. Particulate Matter
    In North Carolina's April 14, 2021, SIP revision, the State 
concluded that the removal of the Rule 02D .0536, Particulate Emissions 
from Electric Utility Boilers, would not interfere with any applicable 
requirement concerning attainment of the National Ambient Air Quality 
Standards. Rule 02D .0536 contains requirements less stringent than 
other sections of the North Carolina SIP. Specifically, paragraph (c) 
of Rule 02D .0503 contains PM emission limitations that are at least as 
stringent as those of Rule 02D .0536. NCDAQ confirms in its submittal 
that many units subject to Rule 02D .0536 have been permanently shut 
down, which include five units at the Buck facility, four units at the 
Cliffside facility, three units at the Dan Rivers facility, four units 
at the Riverbend facility, and two units at the Cape Fear facility.\10\ 
The remaining units are subject to the more or equally stringent PM 
emission limits of Rule 02D .0503(c), as described in North Carolina's 
April 13, 2021, SIP submittal and shown in the table below.
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    \10\ EPA notes that the removal of the Rule 02D .0536 emission 
limits for CP&L's Asheville, Lee, Sutton, and Weatherspoon 
facilities is not before EPA for consideration because these 
emission limits were disapproved by EPA on June 16, 1988, and are 
therefore not part of the North Carolina SIP. See 53 FR 22486 and 40 
CFR 52.1781(c). EPA also notes that each of these units has since 
shut down, as reflected in the April 13, 2021, submittal.

------------------------------------------------------------------------
                                            PM emission     PM emission
                                          limits in Rule  limits in Rule
           Unit identification            02D .0536 (lb/  02D .0503 (lb/
                                              MMBtu)          MMBtu)
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Allen 1.................................            0.25            0.15
Allen 2.................................            0.25            0.15
Allen 3.................................            0.25            0.13
Allen 4.................................            0.25            0.13
Allen 5.................................            0.25            0.13
Belews Creek 1..........................            0.15            0.10
Belews Creek 2..........................            0.15            0.10
Cliffside 5.............................            0.25            0.11
Marshall 1..............................            0.20            0.12
Marshall 2..............................            0.20            0.12
Marshall 3..............................            0.18            0.11
Marshall 4..............................            0.18            0.11
Roxboro 1...............................            0.25            0.12
Roxboro 2...............................            0.16            0.11
Roxboro 3...............................            0.10            0.10
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    EPA has evaluated the State's analysis and proposes to agree with 
North Carolina's conclusion that removal of Rule 02D .0536, Particulate 
Emissions from Electric Utility Boilers, from the SIP would not 
interfere with any applicable requirement concerning attainment and RFP 
or any other applicable CAA requirement.

[[Page 60428]]

ii. Quality Assurance Measures
    Rule 02D .0536 also addresses measures required for development and 
implementation of a quality assurance program. The program covers the 
requirements for opacity monitoring systems and measuring opacity. In 
North Carolina's April 14, 2021, SIP revision, the State notes that the 
removal of Rule 02D .0536 does not constitute a relaxation of 
requirements for electric generating units since the affected units are 
still regulated by Rule 02D .0613, Quality Assurance Program, which is 
also SIP-approved. Like Rule 02D .0536, Rule 02D .0613 establishes that 
the Director may require the submission of a quality assurance program 
under certain conditions. The quality assurance program must consist of 
procedures and frequencies for calibration, standards, traceability, 
operational checks, maintenance, auditing, data validation, and a 
schedule for implementing the quality assurance program. Accordingly, 
EPA proposes that removal of the Rule 02D .0536 does not alter the 
requirements of the SIP in this regard.
iii. Malfunction Abatement Plans
    North Carolina's repeal of Rule 02D .0536 removes requirements at 
paragraph (h) for malfunctions or equipment failures. Because the 
associated PM limits of Rule 02D .0536 are proposed for removal from 
the SIP, as described above, these malfunction abatement plan 
provisions would no longer serve their original intended purpose and 
are not necessary. Therefore, EPA agrees with North Carolina's analysis 
that removal of paragraph (h) would not interfere with any applicable 
requirement concerning attainment, RFP, or any other applicable CAA 
requirement.
iv. Stack Testing Requirements
    NCDAQ explains that the stack testing provision in Rule 02D 
.0536(d) provided the most practicable approach to demonstrating 
compliance when it was adopted on March 1, 1983, based on factors such 
as cost and time. However, to meet State and Federal requirements,\11\ 
the emitting units affected by the repeal of Rule 02D .0536 have since 
undergone updates to more advanced monitoring systems that provide 
real-time emissions data; NCDAQ confirms in its SIP revision that all 
subject units have installed PM continuous emission monitoring systems. 
Furthermore, as noted above, because the PM limits of Rule 02D .0536 
are proposed for removal from the SIP, these associated stack testing 
requirements would no longer serve their original intended purpose and 
are not necessary. Therefore, EPA is proposing to agree with the 
State's analysis that the removal of the stack testing provision with 
the repeal of Rule 02D .0536 will not interfere with any applicable 
requirement concerning attainment, RFP, or any other CAA requirement.
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    \11\ See 15A NCAC 02D .0530, Prevention of Significant 
Deterioration, and 40 Code of Federal Regulations Part 63, Subpart 
UUUUU--National Emission Standards for Hazardous Air pollutants: 
Coal- and Oil-Fired Electric Utility Steam Generating Units 
identified in the SIP revision at Attachment 2--Supplemental 
Information.
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III. Incorporation by Reference

    In this document, EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, and as discussed in Section II of 
this preamble, EPA is proposing to incorporate by reference the 
following air quality rules under 15A NCAC 02D, Air Pollution Control 
Requirements, state effective on November 1, 2020: Rules 02D .0403, 
Total Suspended Particulates; 02D .0501, Compliance with Emission 
Control Standards; 02D .0504, Particulates from Wood Burning Indirect 
Heat Exchangers; 02D .0506, Particulates from Hot Mix Asphalt Plants; 
\12\ 02D .0507, Particulates from Chemical Fertilizer Manufacturing 
Plants; 02D .0508, Particulates from Pulp and Paper Mills; 02D .0509, 
Particulates from Mica and Feldspar Processing Plants; 02D .0510, 
Particulates from Sand, Gravel or Crushed Stone Processes; 02D .0511, 
Particulates from Lightweight Aggregate Processes; 02D .0513, 
Particulates from Portland Cement Plants; 02D .0514, Particulates from 
Ferrous Jobbing Foundries; and 02D .0515, Particulates from 
Miscellaneous Industrial Processes. Also in this document, EPA is 
proposing to remove Rule 02D .0536, Particulate Emissions from Electric 
Utility Boilers, from the North Carolina SIP, which is incorporated by 
reference in accordance with the requirements of 1 CFR part 51. EPA has 
made, and will continue to make, the SIP 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).
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    \12\ EPA is not proposing to act on the removal of the term 
``elsewhere,'' in Rule 02D .0506(e) since the removal of this word 
was withdrawn from EPA consideration in a letter dated January 17, 
2023, which is in the docket for this NPRM.
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IV. Proposed Action

    For the reasons explained above, EPA is proposing to approve North 
Carolina's April 14, 2021, SIP revision seeking to amend various air 
quality rules and to remove Rule 02D .0536 from North Carolina's SIP.

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 CAA 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. Accordingly, this 
proposed 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); and
     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.
    In addition, 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

[[Page 60429]]

Tribal implications and will not impose substantial direct costs on 
Tribal governments or preempt Tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The NCDAQ did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this proposed action. Due to the 
nature of the action being proposed here, this proposed action is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
proposed action, and there is no information in the record inconsistent 
with the stated goal of E.O. 12898 of achieving EJ for people of color, 
low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

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

    Dated: August 25, 2023.
Carol Kemker,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-18707 Filed 8-31-23; 8:45 am]
BILLING CODE 6560-50-P


