[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Rules and Regulations]
[Pages 59250-59252]
[FR Doc No: 2011-24513]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0386-201151; FRL-9471-1]

Approval and Promulgation of Air Quality Implementation Plans;
North Carolina: Clean Smokestacks Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of North Carolina for the purpose of
establishing system-wide emission limitations from the North Carolina
Clean Smokestacks Act (CSA) into the North Carolina SIP. On August 21,
2009, the State of North Carolina, through the North Carolina
Department of Environment and Natural Resources (NC DENR), Division of
Air Quality (DAQ), submitted an attainment demonstration for the
Hickory-Morganton-Lenoir and Greensboro-Winston Salem-High Point 1997
fine particulate matter (PM2.5) nonattainment area. That
submittal included a request that the system-wide emission limitations
from the North Carolina CSA be incorporated into the State's federally
approved SIP. EPA has determined that the CSA portion of this SIP
revision is approvable pursuant to the Clean Air Act (CAA or Act).

DATES: This rule will be effective October 26, 2011.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2011-0386. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not 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 http://www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management 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 to 4:30 excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey or Nacosta C. Ward,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey
may be reached by phone at<PHONE_NUMBER>. Mr. Huey can also be reached
via electronic mail at<EMAIL_ADDRESS>Ms. Ward may be reached by
phone at<PHONE_NUMBER> or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background of North Carolina's CSA?
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
V. Statutory and Executive Order Reviews

I. What is the background of North Carolina's CSA?

    In June 2002, the General Assembly of North Carolina, Session 2001,
passed Session Law 2002-4, also known as Senate Bill 1078. This
legislation, entitled ``An Act to Improve Air Quality in the State by
Imposing Limits on the Emission of Certain Pollutants from Certain
Facilities that Burn Coal to Generate Electricity and to Provide for
Recovery by Electric Utilities of the Costs of Achieving Compliance
with Those Limits,'' requires significant actual emission reductions
from coal-fired power plants in North Carolina. The State expected that
emission reductions from the CSA would have significant health benefits
for the citizens of North Carolina and other states.
    North Carolina's CSA includes a schedule of system-wide limitations
(or caps) on emissions of nitrogen oxides (NOx) and sulfur
dioxide (SO2) from coal-fired power plants in the State, the
first of which became effective in 2007. The State expects the
resulting emission reductions will serve as a significant step towards
meeting the 1997 PM2.5 and 8-hour ozone national ambient air
quality standards (NAAQS), among other NAAQS, improving visibility in
the mountains and other scenic vistas, and reducing acid rain. EPA
notes that all areas in the State that were designated nonattainment
for the 1997 PM2.5 and 8-hour ozone NAAQS are currently
attaining the standards. Although the Hickory-Morganton-Lenoir and
Greensboro-Winston Salem-High Point nonattainment areas for the 1997
PM2.5 NAAQS have not yet been redesignated to attainment,
EPA determined that these areas had attaining data based on the three-
year period 2006-2008.\1\ Also, although the Charlotte 1997 8-hour
ozone nonattainment area is still designated nonattainment, EPA has
issued a proposed determination that the Area has attaining data based
on the 2008-2010 design value period. See 76 FR 20293 (April 12, 2011).
North Carolina has identified the CSA as part of its plan to attain and
maintain the NAAQS. Because North Carolina is relying on

emissions reductions from the CSA to demonstrate attainment and
maintenance for certain areas in the State, North Carolina is now
formally seeking that the CSA be included in the SIP so that the CSA's
requirements may be considered ``permanent and enforceable.''
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    \1\ EPA's determination that the Hickory-Morganton-Lenoir and
Greensboro-Winston Salem-High Point PM2.5 nonattainment
areas have attained the 1997 PM2.5 NAAQS is not
equivalent to the redesignation of the areas to attainment. The
designation status of the areas remains nonattainment for the 1997
PM2.5 NAAQS until such time as EPA determines that the
areas meet all of the CAA requirements for redesignation to
attainment. See 75 FR 54 (January 4, 2010) and 75 FR 230 (January 5,
2010), respectively.
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III. This Action

    EPA is approving a revision to the North Carolina SIP to
incorporate the system-wide emission caps from the State's CSA. The
specific provisions being incorporated into the SIP are paragraphs (a)
through (e) of Section 1 of Session Law 2002-4, Senate Bill 1078
(hereafter ``Senate Bill 1078'') enacted June 20, 2002. This approval
does not include incorporation into the North Carolina SIP of
paragraphs (f) through (j) of Section 1 of Senate Bill 1078 nor any of
Section 2 of Senate Bill 1078. Please refer to the docket for this
rulemaking for the complete text of these provisions.
    On June 22, 2011, EPA published a proposed rulemaking to
incorporate the CSA requirements into federally-approved North Carolina
SIP. See 76 FR 36468. The comment period for this proposed rulemaking
closed on July 22, 2011. EPA did not receive any comments, adverse or
otherwise, during the public comment period.

IV. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the system-
wide emission caps from the North Carolina State legislation entitled,
``An Act to Improve Air Quality in the State by Imposing Limits on the
Emission of Certain Pollutants from Certain Facilities that Burn Coal
to Generate Electricity and to Provide for Recovery by Electric
Utilities of the Costs of Achieving Compliance with Those Limits.'' EPA
has evaluated the State's submittal and has determined that it meets
the applicable requirements of the CAA and EPA regulations. In reducing
system-wide NOx and SO2 emissions allowed by
coal-fired power plants in the State, the CSA is strengthening North
Carolina's SIP and will not interfere with CAA requirements. The
approval of the CSA ensures that the State may take credit for the
associated NOx and SO2 emission reductions when
pertinent to SIP submittals for other CAA requirements.

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. 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
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 Order
12866 (58 FR 51735, October 4, 1993);
     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).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 November 25, 2011. 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 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.

    Dated: September 13, 2011.
A. Stanley Meiburg
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.1781 is amended by adding paragraph (h) to read as
follows:

Sec.  52.1781  Control strategy: Sulfur oxides and particulate matter.

* * * * *
    (h) North Carolina submitted a control strategy plan for
particulate matter entitled, ``An Act to Improve Air Quality in the
State by Imposing Limits on the Emission of Certain Pollutants from
Certain Facilities that Burn Coal to Generate Electricity and to
Provide for Recovery by Electric Utilities of the Costs of Achieving
Compliance with Those Limits.'' The State expects the resulting
emission reductions of nitrogen oxides and sulfur dioxide from this
control plan will serve as a

significant step towards meeting the 1997 PM2.5 and 8-hour
ozone national ambient air quality standards (NAAQS), among other
NAAQS, improving visibility in the mountains and other scenic vistas,
and reducing acid rain. The specific approved provisions, submitted on
August 21, 2009, are paragraphs (a) through (e) of Section 1 of Session
Law 2002-4, Senate Bill 1078 enacted and state effective on June 20,
2002. This approval does not include paragraphs (f) through (j) of
Section 1 of Senate Bill 1078 nor any of Section 2 of Senate Bill 1078.

[FR Doc. 2011-24513 Filed 9-23-11; 8:45 am]
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