[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Proposed Rules]
[Pages 5091-5093]
[FR Doc No: 2021-00534]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0187; FRL-10016-71-Region 4]

Air Plan Approval; North Carolina; Revisions to Exclusionary
Rules and Permit Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of revisions to a State Implementation Plan (SIP)
submitted by the State of North Carolina through the North Carolina
Department of Environmental Quality, Division of Air Quality (DAQ), on
September 18, 2009, and July 10, 2019. These SIP revisions seek to
modify the State's rules that define the categories of facilities that
are exempted from Title V permitting requirements by limiting their
potential emissions (``exclusionary rules'') and the categories of
facilities that are exempted from the State's rules that address the
permitting requirements for non-Title V facilities (``permit exemption
rules''). EPA is proposing to approve this revision pursuant to the
Clean Air Act (CAA or Act).

DATES: Comments must be received on or before February 18, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0187 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams, 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. Ms. Williams can be
reached via telephone at<PHONE_NUMBER>, or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

A. Submittal--September 18, 2009

    On September 18, 2009, DAQ submitted revisions to 15A North
Carolina Administrative Code (NCAC) Subchapter 02Q, Section .0902,
Temporary Crushers,\1\ for review and approval into the SIP. These
changes are part of North Carolina's permit exemption rules at Section
.0900 that define the categories of facilities that are exempted from
the State's regulations that address the permitting requirements for
non-Title V facilities. These changes are discussed in more detail in
Section II.
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    \1\ DAQ supplemented the September 18, 2009, submittal in a
letter dated June 7, 2019, which includes the correct redline/
strikeout of the regulatory changes and final regulations that
became state effective on January 1, 2009. This letter is available
in the docket for this proposed rulemaking.
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B. Submittal--July 10, 2019

    On July 10, 2019, DAQ submitted SIP revisions to EPA with changes
to the following rules in 15A NCAC 02Q Section .0800 that define the
categories of facilities that are exempted from Title V permitting
requirements by limiting their potential emissions: Section .0801,
Purpose and Scope; Section .0802, Gasoline Service Stations and
Dispensing Facilities; Section .0803, Coating, Solvent Cleaning,
Graphic Arts Operations; Section .0804, Dry Cleaning Facilities;
Section .0805, Grain Elevators; Section .0806, Cotton Gins; and Section
.0807, Emergency Generators; and Section .0809, Concrete Batch
Plants.\2\ The July 10, 2019, SIP revisions also contain changes to the
following permit exemption rules: Section .0901, Purpose and Scope; and
Section .0902, Temporary Crushers. These changes are discussed in more
detail in Section II.
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    \2\ The State submitted the revisions following the readoption
of several air regulations. These include: .0801, .0802, .0803,
.0804, .0805, .0806, .0807, .0809, .0901, and .0902, and were
submitted pursuant to North Carolina's 10-year regulatory readoption
process at North Carolina General Statute 150B-21.3A.
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II. Analysis of the State Submittals

    The revisions that are the subject of this proposed rulemaking make
changes to exclusionary rules and permit exemption rules under
Subchapter 2Q \3\ of the North Carolina SIP. These changes revise the
recordkeeping and reporting requirements of the exclusionary rules;
remove Section .0809, Concrete Batch Plants; revise the provisions of
Section .0902, Temporary Crushers; and revise language and reformat the
regulatory citations contained in the exclusionary and permit exemption
rules. Detailed descriptions of the changes are provided below.
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    \3\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02Q is referred
to as ``Subchapter 2Q Air Quality Permits.''
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    Section .0801, Purpose and Scope, is revised to modify language and
reformat the regulatory citations of this section. In addition, the
recordkeeping and reporting requirement exemptions are removed. New
paragraphs have been created using the existing text of this section.
The language changes in this section pertain to updates to subject-verb
agreements and word tense. EPA is proposing to approve these changes to
these rules because they are grammatical and organizational in

nature and therefore do not interfere with any applicable requirement
concerning attainment or any other applicable requirement of the Act.
    North Carolina submitted changes to several rules within Section
.0800 which do not alter the meaning or make significant changes to
those rules. Specifically, the following rules are submitted with
changes to update a cross-reference to where the ``responsible
official'' at a facility is defined in the North Carolina regulations,
reformat regulatory citations, make minor language edits, and correct
typographical errors, where applicable: Sections .0802, Gasoline
Service Stations and Dispensing Facilities; \4\ .0803, Coating, Solvent
Cleaning,\5\ Graphic Arts Operations; .0804, Dry Cleaning Facilities;
.0805, Grain Elevators; .0806, Cotton Gins; .0807, Emergency
Generators; and Section .0901, Purpose and Scope. EPA is proposing to
approve these changes to these rules because they do not alter the
meaning of the regulations. . . .
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    \4\ 15 NCAC 02Q .0802(c) includes a typographical error that
inadvertently changed the word ``for'' to ``form'' instead of the
correct word ``from.''
    \5\ EPA previously approved changes to .0803, Coating Solvent
Cleaning, state effective April 1, 2001 (as transmitted in an April
16, 2001, SIP revision), on August 8, 2002 (67 FR 51461). EPA
inadvertently reverted the state effective date included in Table
(c) of 40 CFR 52.1770 to April 1, 1999, in a subsequent action on
October 22, 2002 (67 FR 64990). The April 1, 2001 change to the
reporting date in paragraph (i), now recodified as paragraph (j), is
included and superseded in the April 1, 2018, state effective
version of 15A NCAC 02Q .0803.
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    DAQ has repealed Section .0809, Concrete Batch Plans and is
proposing to remove it from the SIP. This rule covered certain sizes of
concrete batch plants that use fabric filters or equivalently effective
control devices to control particulate emissions to limit production
such that the potential to emit (PTE) would remain below applicable
Title V thresholds as determined by the State. Under the rule, these
facilities were not required to obtain major source operating permits
pursuant to 02Q .0500, Title V Procedures. Section .0809 functioned as
a flexible permitting mechanism to cover certain types of concrete
batch plants that wished to avoid Title V permitting. Sources
previously covered by this rule can elect to obtain synthetic minor
operating permits pursuant to 02Q .0315, Synthetic Minor Facilities, or
otherwise have the option to obtain a Title V permit pursuant to 02Q
.0500 if their PTE is above the Title V thresholds. EPA has
preliminarily determined that repealing Section .0809 does not
interfere with any applicable requirement concerning attainment or any
other applicable requirement of the Act because it simply removes a
mechanism sources could use to avoid Title V permitting. Accordingly,
EPA is proposing to remove Section .0809 from the SIP.
    Section .0902, Temporary Crushers, is revised with edits from the
September 18, 2009,\6\ and July 10, 2019, submittals that include
clarifying edits, changes to formatting, minor modifications to
language, correction of typographical errors, and renumbering.\7\
First, the permit exemption regarding temporary crushers is revised to
remove language related to the diesel fuel burning equipment at these
facilities. Previously, to qualify for the exemption from 02Q .0300,
Construction and Operating Permits, temporary crushers that used a
diesel-fired generator or diesel engine to drive the crusher could not
burn more than 17,000 gallons of diesel at the facility. North Carolina
explains that removing this language is necessary because DAQ does not
regulate engines such as these, which are subject to Title II of the
CAA, Emissions Standards for Moving Sources. Any associated engines at
such temporary sources would be defined as portable and, as such, not
considered part of a stationary source. Therefore, the effect of
removing these engines from the rule exempting temporary crushers is
clarifying in nature and does not alter existing permitting
requirements. The edits also add a new paragraph (i), which requires an
owner or operator of a crusher to apply for and receive an air quality
permit before beginning operations (should they plan to operate for
more than twelve months). Other revisions include updated cross-
references to applicable rules and updated recordkeeping and reporting
requirements to reflect the removal of these engines from the
exemption. Remaining edits include updates to numbering, minor changes
to existing language, and correction of typographical errors. EPA is
proposing to approve these minor and clarifying changes to Section
.0902 because they do not interfere with any applicable requirement
concerning attainment or any other applicable requirement of the Act.
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    \6\ EPA has already taken action on the following portions of
the September 18, 2009 submittal: 02D .0901--approved at 78 FR 27065
(May 9, 2013); 02D .0902--approved at 78 FR 44890 (July 25, 2013);
02D .0909--approved at 78 FR 58184 (September 23, 2013); and 02Q
.0304--approved at 85 FR 43461 (June 24, 2020). Rules 02D .0953 and
.0954 were repealed, state effective September 18, 2009, and removed
from the SIP at 78 FR 58184 (September 23, 2013). DAQ withdrew the
following portions of the September 18, 2009 submittal: 02D .0521
(withdrawn June 7, 2019) and 02D .0952 (Withdrawn November 30,
2012). Additionally, DAQ withdrew paragraph (d) of 02Q .0902 (as
renumbered from paragraph (c)) in the September 18, 2009, submittal
and carried forward in the July 10, 2019, submittal, from EPA
consideration in a letter dated on June 1, 2020. The June 1, 2020,
withdrawal letter is available in the docket for this proposed
rulemaking.
    \7\ Except for the change to Section .0902(d) in the July 10,
2019 and September 18, 2009 SIP revisions which was withdrawn from
EPA consideration in a letter dated June 1, 2020. Additionally, the
withdrawal of paragraph (d) from section 02Q .0902, leaves the
section with two paragraphs (c), one state effective on January 1,
2001 and one state effective on January 1, 2009. DAQ plans to submit
revisions to address the two paragraphs (c) in a future submission.
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III. Incorporation by Reference

    In this notice, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the following sections of 15A NCAC Subchapter 02Q with a
state-effective date of April 1, 2018: Section .0801, Purpose and
Scope; Section .0802, Gasoline Service Stations and Dispensing
Facilities; Section .0803, Coating, Solvent Cleaning, Graphic Arts
Operations; Section .0804, Dry Cleaning Facilities; Section .0805,
Grain Elevators; Section .0806, Cotton Gins; Section .0807, Emergency
Generators; Section .0901, Purpose and Scope and Section .0902,
Temporary Crushers (with the exception of .0902(d)). EPA is also
proposing to remove North Carolina regulation 15A NCAC Subchapter 02Q
Section .0809, Concrete Batch Plants, from the North Carolina SIP,
which is incorporated by reference in accordance with the requirements
of 1 CFR part 51. These changes are proposed to revise the
recordkeeping and reporting requirements of the permitting exclusionary
rules, remove the ``Concrete Batch Plants'' regulation, revise
language, and reformat the regulatory citations contained in these
regulations. 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 changes described above to the
North Carolina SIP submitted by the State of North Carolina on
September 18, 2009, and July 10, 2019. The changes under Subchapter 02Q
Section .0801, Purpose and Scope; Section .0802, Gasoline Service
Stations and Dispensing

Facilities; Section .0803, Coating, Solvent Cleaning, Graphic Arts
Operations; Section .0804, Dry Cleaning Facilities; Section .0805,
Grain Elevators; Section .0806, Cotton Gins; Section .0807, Emergency
Generators; Section .0901, Purpose and Scope; and Section .0902,
Temporary Crushers, are proposed to revise the recordkeeping and
reporting requirements of the permitting exclusionary rules, remove
Section .0809, the Concrete Batch Plants regulation, revise language,
and reformat the regulatory citations contained in these regulations.
The proposed changes are consistent with the CAA.

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

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

    Dated: November 16, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2021-00534 Filed 1-15-21; 8:45 am]
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