[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Proposed Rules]
[Pages 71286-71289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25285]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0433; FRL-10402-01-R4]


Air Plan Approval; North Carolina; Minor Revisions to Nitrogen 
Oxides Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the North Carolina State Implementation Plan 
(SIP) submitted by the North Carolina Department of Environmental 
Quality (NCDEQ), Division of Air Quality, via a letter dated April 13, 
2021, and received by EPA on April 14, 2021. This revision contains 
minor changes to North Carolina's nitrogen oxides (NOX) 
rule. EPA is proposing to approve these changes pursuant to the Clean 
Air Act (CAA or Act).

DATES: Comments must be received on or before December 22, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0433 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: Steven Scofield, 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. The telephone number is 
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing to take?

    EPA is proposing to approve changes to North Carolina's SIP that 
were provided to EPA through NCDEQ via a letter dated April 13, 
2021.\1\ EPA is proposing to approve changes to North Carolina's 15A 
North Carolina Administrative Code (NCAC) Subchapter 02D, Section 
.1400, Nitrogen Oxides (hereinafter referred to as Section .1400).\2\ 
The April 13, 2021, revision to the North Carolina SIP transmits 
changes that do not alter the meaning of the regulations, such as 
clarifying changes, updated cross-

[[Page 71287]]

references, and several ministerial language changes.
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    \1\ EPA notes that the submittal was received through the State 
Planning Electronic Collaboration System (SPeCS) on April 14, 2021. 
For clarity, this notice will refer to the submittal by the date on 
the cover letter, which is April 13, 2021.
    \2\ The State submitted several revisions with the same April 
13, 2021, cover letter following readoption, including revisions to 
rules in Section .1400. These revisions were submitted pursuant to 
North Carolina's 10-year readoption process at North Carolina 
General Statute at 150B-21-3A. EPA will be considering action on 
other SIP revisions submitted with the April 13, 2021, cover letter 
in separate rulemakings.
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II. EPA's Analysis of the State's Submittal

    North Carolina's SIP revision contains minor changes to Section 
.1400.\3\ EPA has preliminarily determined that these changes do not 
interfere with attainment and maintenance of the national ambient air 
quality standards (NAAQS) or any other applicable requirement of the 
Act because they are minor in nature. For these reasons, EPA is 
proposing to approve the changes to this section. EPA's analysis of 
each rule change in Section .1400 included in the April 13, 2021, SIP 
revision is below.
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    \3\ EPA is not proposing to act on Rule .1405, Circumvention, as 
this rule is not part of the approved SIP, and North Carolina did 
not request that EPA act on this rule.
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a. Rule .1401, Definitions

    Rule .1401 includes definitions that apply to Section .1400 rules. 
The April 13, 2021, SIP revision updates the formatting of rule 
references, makes minor clarifying changes, makes other formatting 
revisions and spelling/grammar corrections, adds definitions, and 
deletes one definition. Certain cross-references in Rule .1401 are 
changed to remove rules that North Carolina repealed (Rules .1416, 
.1417, and .1419 through .1422). These removed rules are also not in 
the SIP. Other revisions to Rule .1401 include:
    1. A definition for ``Combustion turbine'' is added at .1401(a)(8). 
Stationary combustion turbines are regulated in Section 1400 under Rule 
.1408, and this definition provides clarity regarding that rule.
    2. The definitions for ``Emergency generator'' at .1401(a)(11) and 
``Emergency use internal combustion engines'' at .1401(a)(12) are each 
split into provisions (A) and (B) to make the definitions clearer. The 
revision also clarifies under (B) when the operation of emergency 
generators and emergency use internal combustion engines is allowed to 
perform maintenance to protect the environment. Currently, the SIP 
provision allows operation of such emergency generators and engines 
during maintenance when necessary to protect the environment. The 
revision specifies that operation for maintenance is only allowed when 
maintenance is performed on the power supply to equipment that is 
necessary to protect the environment and on such equipment itself.
    3. The definition for ``Process heater'' at .1401(a)(20) is 
removed, as it is redundant with the definition for ``Indirect-fired 
process heater'' at .1401(a)(15). Additionally, ``indirect- fired 
process heater'' is the term used in the substantive requirements of 
Section .1400 at .1407.
    4. New provision .1401(b) is added to provide that whenever 
reference is made to the Code of Federal Regulations in Section .1400, 
the definitions in the Code of Federal Regulations shall apply unless 
specifically stated otherwise in a particular rule in this Section.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1401 because, as minor changes, they will not impact 
air quality and thus will not interfere with any requirement concerning 
attainment and reasonable progress, or any other applicable CAA 
requirement.\4\
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    \4\ Section 110(l) of the CAA prohibits EPA from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of the Act.
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b. Rule .1402, Applicability

    Rule .1402 outlines the applicability provisions that apply to 
Section .1400 rules. The April 13, 2021, SIP revision does not include 
any substantive changes to Rule .1402. The revision makes minor 
administrative changes, makes minor rewording for clarity, removes 
outdated language referencing repealed rules, replaces words with 
acronyms for consistency, updates rule cross references, and updates 
the formatting of rule references. The cross-references in Rule .1402 
are being changed to remove rules that North Carolina repealed (Rules 
.1416, .1417, and .1419 through .1422). A sentence in paragraph (a) was 
removed due to a reference to the Section .2400 rules related to the 
Clean Air Interstate Rule (CAIR), which North Carolina repealed. These 
removed rules are also not in the SIP.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1402 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

c. Rule .1403, Compliance Schedules

    Rule .1403 outlines compliance schedule provisions that apply to 
Section .1400 rules. The April 13, 2021, SIP revision does not include 
any substantive changes to Rule .1403. The revision updates the 
formatting of rule references, corrects an error in a rule reference in 
Subparagraph (b), and makes other general formatting and minor 
administrative and clarifying changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1403 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

d. Rule .1404, Recordkeeping: Reporting: Monitoring

    Rule .1404 outlines recordkeeping, reporting, and monitoring 
provisions that apply to Section .1400 rules. Subparagraph (e)(2)(B) 
addresses ``missing data'' for continuous emissions monitoring systems 
and has been restructured to move the definition of ``properly 
operated'' to the end of the subparagraph. Additionally, the provision 
is strengthened by specifying that ``properly operated'' means that 
``operating and maintenance procedures being used complied with permit 
conditions, operating and maintenance procedures, preventative 
maintenance procedures, monitoring results, and compliance history,'' 
rather than only listing those specific procedures as examples of 
acceptable operating and maintenance procedures. Otherwise, the April 
13, 2021, SIP revision does not include any substantive changes to Rule 
.1404 but includes updates to the formatting of rule references and 
minor administrative changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1404 because, as minor changes, they will not impact 
air quality and thus will not interfere with any requirement concerning 
attainment and reasonable progress, or any other applicable CAA 
requirements.

e. Rule .1407, Boilers and Indirect-Fired Process Heaters

    Rule .1407 outlines provisions for boilers and indirect-fired 
process heaters. The April 13, 2021, SIP revision does not include any 
substantive changes to Rule .1407. The revision updates the formatting 
of rule references and abbreviations, and makes minor clarifications.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1407 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

[[Page 71288]]

f. Rule .1408, Stationary Combustion Turbines

    Rule .1408 outlines provisions for stationary combustion turbines. 
The April 13, 2021, SIP revision does not include any substantive 
changes to Rule .1408. The revision updates the formatting of rule 
references and abbreviations, and makes minor clarifications.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1408 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

g. Rule .1409, Stationary Internal Combustion Engines

    Rule .1409 outlines provisions for stationary internal combustion 
engines. The April 13, 2021, SIP revision does not include any 
substantive changes to Rule .1409. The revision corrects a cross-
reference in Subparagraph (c), updates the formatting of rule 
references, updates abbreviations, adds ``or she'' to language 
referencing the Director, and makes minor administrative changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1409 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

h. Rule .1410, Emissions Averaging

    Rule .1410 outlines emissions averaging provisions that apply to 
Section .1400 rules. The April 13, 2021, SIP revision does not include 
any substantive changes to Rule .1410. The revision updates the 
formatting of rule refences, updates abbreviations, and makes minor 
administrative changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1410 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

i. Rule .1411, Seasonal Fuel Switching

    Rule .1411 outlines provisions for seasonal fuel switching that 
apply to Section .1400 rules. The April 13, 2021, SIP revision does not 
include any substantive changes to Rule .1411. The revision updates the 
formatting of rule references, updates abbreviations, and makes minor 
clarifying and administrative changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1411 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

j. Rule .1412, Petition for Alternative Limitations

    Rule .1412 outlines provisions to petition for alternative 
limitations. The April 13, 2021, SIP revision does not include any 
substantive changes to Rule .1412. The revision restructures 
Subparagraph (a), updates the formatting of rule references, adds ``or 
she'' to language referencing the Director, updates abbreviations, and 
makes minor administrative changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1412 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

k. Rule .1413, Sources Not Otherwise Listed in This Section

    Rule .1413 outlines provisions for sources not otherwise listed in 
Section .1400 rules. The April 13, 2021, SIP revision does not include 
any substantive changes to Rule .1413. The revision updates the 
formatting of rule references, adds ``or she'' to language referencing 
the Director, updates abbreviations, and makes minor administrative 
changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1413 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

l. Rule .1414, Tune-Up Requirements

    Rule .1414 outlines tune-up requirement provisions that apply to 
boilers, indirect-fired process heaters, and stationary internal 
combustion engines subject to Rule .1407 or .1409. The April 13, 2021, 
SIP revision does not include any substantive changes to Rule .1414. 
The revision updates the formatting of rule references, updates 
abbreviations, and makes minor clarifying and administrative changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1414 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

m. Rule .1415, Test Methods and Procedures

    Rule .1415 outlines provisions for test methods and procedures that 
apply to Section .1400 rules. The April 13, 2021, SIP revision does not 
include any substantive changes to Rule .1415. The revision updates the 
formatting of rule references.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1415 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

n. Rule .1418, New Electric Generating Units, Boilers, Combustion 
Turbines, and I/C Engines

    Rule .1418 outlines provisions for new electric generating units, 
boilers, combustion turbines, and internal combustion engines. The 
April 13, 2021, SIP revision does not include any substantive changes 
to Rule .1418. The revision updates the formatting of rule references, 
updates abbreviations, corrects errors in the rules title, restructures 
the provisions, and makes minor administrative changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1418 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement concerning attainment and reasonable progress, or any other 
applicable CAA requirements.

o. Rule .1423, Large Internal Combustion Engines

    Rule .1423 outlines provisions for large internal combustion 
engines. The April 13, 2021, SIP revision does not include any 
substantive changes to Rule .1423. The revision updates the formatting 
of rule references, updates abbreviations, and makes minor clarifying 
and administrative changes.
    EPA is proposing to approve the April 13, 2021, SIP revision with 
respect to Rule .1423 because, as minor, non-substantive changes, they 
will not impact air quality and thus will not interfere with any 
requirement

[[Page 71289]]

concerning attainment and reasonable progress, or any other applicable 
CAA requirements.

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, EPA is proposing to incorporate by 
reference 15A NCAC Subchapter 02D .1401, Definitions; .1402, 
Applicability; .1403, Compliance Schedules; .1404 Recordkeeping: 
Reporting: Monitoring; .1407, Boilers and Indirect-Fired Process 
Heaters; .1408, Stationary Combustion Turbines; .1409, Stationary 
Internal Combustion Engines; .1410, Emissions Averaging; .1411, 
Seasonal Fuel Switching; .1412, Petition for Alternative Limitations; 
.1413, Sources Not Otherwise Listed in this Section; .1414, Tune-Up 
Requirements; .1415, Test Methods and Procedures; .1418, New Electric 
Generating Units, Boilers, Combustion Turbines, And I/C Engines; and 
.1423, Large Internal Combustion Engines as described in sections I and 
II of this preamble. These regulations were state-effective on October 
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 North Carolina's NOX 
provisions into the SIP. Specifically, EPA is proposing to approve 
various minor changes to North Carolina's rules in 02D Section .1400, 
Nitrogen Oxides as explained herein. 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 they meet the criteria of the CAA. 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);
     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.

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, Sulfur oxides, Volatile organic 
compounds.

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

    Dated: November 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-25285 Filed 11-21-22; 8:45 am]
BILLING CODE 6560-50-P


