
[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75500-75503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24033]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0391; FRL-11368-02-R4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving these changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective December 4, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0391. 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: 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 approving 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 removal of 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\
---------------------------------------------------------------------------

    \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\ On April 13, 2021, North Carolina provided multiple SIP 
revisions related to other North Carolina SIP-approved rules. These 
SIP revisions are not addressed in this document. EPA will act or 
has acted on those SIP revisions 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 action.
    \4\ See 42 U.S.C. 7410(l).
---------------------------------------------------------------------------

    Through a notice of proposed rulemaking (NPRM) published on 
September 1, 2023 (88 FR 60424), EPA proposed to approve the April 13, 
2021, submission. The details of North Carolina's submission, which 
amends various air quality rules and removes Rule 02D .0536 from North 
Carolina's SIP, as well as EPA's rationale for approving the changes, 
are described in the September 1, 2023, NPRM. Comments on the September 
1, 2023, NPRM were due on or before October 2, 2023. No comments were 
received on the September 1, 2023, NPRM, adverse or otherwise.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, and as discussed in Section I of this preamble, EPA is 
finalizing the incorporation by reference of the following air quality 
rules under 15A

[[Page 75501]]

NCAC Subchapter 02D, Air Pollution Control Requirements, state 
effective on November 1, 2020: 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; \5\ 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 finalizing the removal of 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). Therefore, the revised materials 
as stated above, 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.\6\
---------------------------------------------------------------------------

    \5\ As noted in the NPRM, EPA is not acting on the removal of 
the term ``elsewhere'' in Rule 02D .0506(e) because North Carolina 
withdrew the removal of this word from EPA consideration in a letter 
dated January 17, 2023, which is in the docket for this action. The 
term ``elsewhere'' is included in the August 1, 2004, state 
effective version of Rule 02D .0506(e). The April 13, 2021, SIP 
submittal includes the August 1, 2004, version of the Rule with 
redline/strikeout changes showing the differences between the August 
1, 2004, version of the rule and the November 1, 2020, version of 
the Rule. Therefore, to implement the State's April 13, 2021, SIP 
submittal, as amended by the withdrawal letter, EPA is incorporating 
by reference the version of the Rule state effective on November 1, 
2020, except for the phrase ``not covered'' in paragraph .0506(e), 
and is incorporating by reference the phrase ``not covered 
elsewhere'' from the version of .0506(e) state effective on August 
1, 2004. The resulting regulatory text in paragraph .0506(e) in the 
SIP reads, ``Fugitive emissions for sources at a hot mix asphalt 
plant not covered elsewhere by this Rule shall not exceed 20 percent 
opacity averaged over six minutes.''
    \6\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is approving the aforementioned changes to the North Carolina 
SIP. Specifically, EPA is finalizing the approval of the April 13, 
2021, SIP revision which amends various air quality rules under 15A 
NCAC 02D, Air Pollution Control Requirements, and removes Rule 02D 
.0536 from North Carolina's SIP.

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 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 action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     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 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.''
    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 action. Due to the nature of 
the action being taken here, this 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 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.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 January 2, 2024. 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

[[Page 75502]]

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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 24, 2023.
Jeaneanne Gettle,
Acting 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) EPA-Approved North Carolina 
Regulations'' by:
0
a. Under the heading ``Section .0400 Ambient Air Quality Standards'', 
revising the entry for ``Rule .0403'';
0
b. Under the heading ``Section .0500 Emission Control Standards'', 
revising the entries for ``Rule .0501'', ``Rule .0504'', ``Rule 
.0506'', ``Rule .0507'', ``Rule .0508'', ``Rule .0509'', ``Rule 
.0510'', ``Rule .0511'', ``Rule .0513'', ``Rule .0514'', and ``Rule 
.0515''; and removing the entry for ``Rule .0536''.
    The revisions read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA-Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State effective
       State citation             Title/subject            date          EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Rule .0403..................  Total Suspended               11/1/2020  11/3/2023, [Insert    ...................
                               Particulates.                            citation of
                                                                        publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Rule .0501..................  Compliance with               11/1/2020  11/3/2023, [Insert    ...................
                               Emission Control                         citation of
                               Standards.                               publication].
 
                                                  * * * * * * *
Rule .0504..................  Particulates from             11/1/2020  11/3/2023, [Insert    ...................
                               Wood Burning                             citation of
                               Indirect Heat                            publication].
                               Exchangers.
 
                                                  * * * * * * *
Rule .0506..................  Particulates from             11/1/2020  11/3/2023, [Insert    Except that, in
                               Hot Mix Asphalt                          citation of           paragraph (e), the
                               Plants.                                  publication].         phrase ``not
                                                                                              covered'' is
                                                                                              replaced with the
                                                                                              phrase ``not
                                                                                              covered
                                                                                              elsewhere'' from
                                                                                              paragraph (e),
                                                                                              with a state
                                                                                              effective date of
                                                                                              August 1, 2004.
Rule .0507..................  Particulates from             11/1/2020  11/3/2023, [Insert    ...................
                               Chemical Fertilizer                      citation of
                               Manufacturing                            publication].
                               Plants.
Rule .0508..................  Particulates from             11/1/2020  11/3/2023, [Insert    ...................
                               Pulp and Paper                           citation of
                               Mills.                                   publication].
Rule .0509..................  Particulates from             11/1/2020  11/3/2023, [Insert    ...................
                               Mica or Feldspar                         citation of
                               Processing Plants.                       publication].
Rule .0510..................  Particulates from             11/1/2020  11/3/2023, [Insert    ...................
                               Sand, Gravel, or                         citation of
                               Crushed Stone                            publication].
                               Operations.
Rule .0511..................  Particulates from             11/1/2020  11/3/2023, [Insert    ...................
                               Lightweight                              citation of
                               Aggregate Processes.                     publication].
 
                                                  * * * * * * *
Rule .0513..................  Particulates from             11/1/2020  11/3/2023, [Insert    ...................
                               Portland Cement                          citation of
                               Plants.                                  publication].
Rule .0514..................  Particulates from             11/1/2020  11/3/2023, [Insert    ...................
                               Ferrous Jobbing                          citation of
                               Foundries.                               publication].
Rule .0515..................  Particulates from             11/1/2020  11/3/2023, [Insert    ...................
                               Miscellaneous                            citation of
                               Industrial                               publication].
                               Processes.
 

[[Page 75503]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-24033 Filed 11-2-23; 8:45 am]
BILLING CODE 6560-50-P


