Air Plan Approval; North Carolina Miscellaneous Rules, 31739-31741 [2017-14397]

Download as PDF Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules 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 nlaroche on DSK30NT082PROD with PROPOSALS Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Sulfur dioxide, Reporting, Volatile organic compounds, and Recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: June 26, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. [FR Doc. 2017–14399 Filed 7–7–17; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 15:08 Jul 07, 2017 Jkt 241001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2016–0362; FRL–9964–66– Region 4] Air Plan Approval; North Carolina Miscellaneous Rules Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve several changes to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality (NCDEQ), on December 14, 2004 and March 1, 2016. The March 1, 2016, submission adds a new rule to the ‘‘Exclusionary Rules’’ of the North Carolina SIP, and the portion of the December 14, 2004, submission EPA is proposing to approve adds two new rules under a new section called ‘‘Permit Exemptions.’’ This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: Comments must be received on or before August 9, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2016–0362 at https:// 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 https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 31739 and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9043. Mr. Lakeman can also be reached via electronic mail at lakeman.sean@ epa.gov. SUPPLEMENTARY INFORMATION: I. Analysis of the State Submittals On December 14, 2004 and March 1, 2016, the State of North Carolina, through NCDEQ, submitted revisions to the North Carolina SIP. EPA is proposing to approve the March 1, 2016, submission which adds a new rule— 15A NCAC 02Q .0809 Concrete Batch Plants and a portion of the December 14, 2004, submission which adds two new rules—15A NCAC 02Q .0901, Purpose and Scope and .0902 Portable Crushers. EPA has preliminarily determined that these changes to the North Carolina SIP are approvable pursuant to section 110 of the CAA. The changes that are the subject of this proposed rulemaking are described in further detail below. A. March 1, 2016, SIP Submission The March 1, 2016, submission adds a new exclusionary rule for concrete batch plants (15A NCAC 02Q .0809 Concrete Batch Plants) that excludes from Title V permitting requirements such facilities that operate below a specified annual production rate. The production rate that qualifies concrete batch plants for this permit exclusion is 1,210,000 cubic yards of wet concrete per year, which, based on an emission factor, corresponds to an emission rate below the major source threshold. Subject facilities are required to submit an annual registration to the appropriate regional office and report the quantity of wet concrete produced in the previous calendar year and maintain records of annual production for the previous three calendar years. This annual certification that the facility’s production rate is below the specified level ensures continued protection of the NAAQS, specifically particulate matter, which is of particular relevance because concrete batch plants emit particulate matter, including particulate matter with an aerodynamic diameter less than 10 micrometers (PM10) and less than 2.5 micrometers (PM2.5). These excluded sources must also make prompt reports if they exceed the annual production rate limit, submitted within one week of the date on which the limit was exceeded. The rule excludes from Title V permitting requirements all concrete batch plants in the state that produce E:\FR\FM\10JYP1.SGM 10JYP1 31740 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules nlaroche on DSK30NT082PROD with PROPOSALS less than 1.2 million cubic yards of wet concrete per calendar year and that are equipped with fabric filters or other functionally equivalent control devices to abate emissions of particulate matter, PM10 and PM2.5, from storage silos and weigh hoppers that receive materials from cement and mineral admixture silos. The annual production limit of 1.2 million cubic yards of wet concrete is designed to limit particulate matter emissions from plants equipped with fabric filters to less than the Title V permitting thresholds and is based on standard emission factors in use at the time of rule adoption.1 B. December 14, 2004, SIP Submission The portion of the December 14, 2004, SIP submission that EPA is proposing to approve adds a new section (Section .0900 Permit Exemptions), which includes the following two new regulations: a. 15A NCAC 02Q .0901 Purpose and Scope is a new exclusionary rule which provides for exclusions from construction and operating permits for certain types of sources and activities. Sources subject to Title V permitting requirements are not eligible for exclusion under this rule. Sources eligible for permit exclusions under this rule may still apply for and receive construction and operating permits. At the time of this submittal, only one source category would be eligible for exclusion from permitting under Section .0900, if approved as proposed: Portable Crushers. The rule excludes from general construction and operating permitting requirements all specific listed sources that, due to the temporary, portable, and/or lowemitting nature of their operations, typically do not meet the applicability requirements for air permits, so long as they meet the requirements for the exclusion. These source-specific exclusions contain provisions that limit the sources’ potential emissions, such as constraints on operating hours and fuel consumption. The exclusions’ use of operational or production-based limits instead of potential-emissions limits would streamline sources’ analyses of whether or not they are required to obtain a permit. b. 15A NCAC 02Q .0902 Portable Crushers, is an exclusionary rule which provides for exclusions from construction and operating permits for 1 North Carolina cites EPA’s AP–42 (U.S. EPA Office of Air Quality Planning and Standards, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources, AP– 42. Fifth Edition) in its response to comments from the December 14, 2004, submittal included as an attachment to the March 1, 2016, submittal. VerDate Sep<11>2014 15:08 Jul 07, 2017 Jkt 241001 portable crusher operations that meet the following criteria: Æ No more than 300,000 tons of material crushed per any 12-month period; Æ No more than 17,000 gallons of diesel fuel burned during any 12 months (for both diesel generators and diesel engines used to drive crushers); Æ No more than 12 months of operation at a particular site; Æ Continuous use of water spray to control emissions from the crushers. Portable crushers operating at quarries with air permits are not eligible for this permit exclusion. The rule excludes from general construction and operating permitting requirements portable/temporary crushing operations, providing the eligibility criteria listed above are met. The eligibility criteria are designed to ensure that these portable crushing operations do not operate for more than 12 months at a site. Records of production and fuel consumption must be maintained, and all equipment at each site must be labeled with unique identification numbers. The eligibility criteria are also based on corresponding emission rates and are thus designed to ensure that potential emissions of particulate matter (including PM10 and PM2.5), sulfur dioxide, and oxides of nitrogen from these sources are below relevant permit applicability thresholds. Therefore, the revision will not interfere with attainment and maintenance of the NAAQS pursuant to CAA section 110(l). Crushing operations eligible for this permitting exclusion must still comply with all applicable air quality standards, such as Rule .0510 Particulates from Sand, Gravel, or Crushed Stone Operations, .0516 Sulfur Dioxide Emissions from Combustion Sources, and .0521 Control of Visible Emissions, and any New Source Performance Standard, among other state and federal air quality standards. II. Incorporation by Reference In this rule, 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 15A NCAC 02Q .0809 entitled ‘‘Concrete Batch Plants’’ effective April 1, 2004, a new exclusionary rule for concrete batch that excludes from Title V permitting requirements such facilities that operate below a specified annual production rate; 15A NCAC 02Q .0901 entitled ‘‘Purpose and Scope’’ effective January 1, 2005, a new exclusionary rule which provides for exclusions from construction and PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 operating permits for certain types of sources and activities; and 15A NCAC 02Q .0902 entitled ‘‘Portable Crushers’’ effective January 1, 2005, an exclusionary rule which provides for exclusions from construction and operating permits for portable crusher operations. EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and/or at the EPA Region 4 office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). III. Proposed Action EPA is proposing to approve North Carolina’s March 1, 2016, submission and a portion of the December 14, 2004, submission. The changes pertain to the addition of two new rules under a new section ‘‘Permit Exemptions’’ and adds a new rule to the ‘‘Exclusionary Rules’’ of the North Carolina SIP. These rule adoptions do not contravene federal permitting requirements or existing EPA policy, nor will they impact the NAAQS or interfere with any other applicable requirement of the Act. See 42 U.S.C. 7410(l). 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. Accordingly, this proposed action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, these proposed action: • Are 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); • do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • are 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.); • do 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); E:\FR\FM\10JYP1.SGM 10JYP1 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules • do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • are not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • are not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • are 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 • do 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, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 26, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. [FR Doc. 2017–14397 Filed 7–7–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 nlaroche on DSK30NT082PROD with PROPOSALS [EPA–R05–OAR–2016–0603; FRL–9964–62– Region 5] Air Plan Approval; Minnesota; Prevention of Significant Deterioration Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Minnesota State SUMMARY: VerDate Sep<11>2014 15:08 Jul 07, 2017 Jkt 241001 Implementation Plan (SIP) submitted on October 4, 2016. EPA is proposing to approve the state’s Prevention of Significant Deterioration (PSD) rules which incorporate the Federal PSD rules by reference. DATES: Comments must be received on or before August 9, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2016–0603 at https:// www.regulations.gov, or via email to damico.genevieve@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental Engineer, Air Permits Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–7017, rineheart.rachel@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. Review of State Submittal II. Effects of Moving From Delegation to SIP Approved Program III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Review of State Submittal Section 110(a)(2)(C) of the Clean Air Act (CAA) requires that each SIP include a program to provide for the PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 31741 regulation of construction and modification of stationary sources, including a permit program as required by part C of subsection I of the CAA— Prevention of Significant Deterioration of Air Quality. Specific plan requirements for an approvable PSD SIP are provided in sections 160–169 of the CAA and the implementing regulations at 40 CFR 51.166. The Federal PSD program is codified at 40 CFR 52.21. Minnesota does not have an approved PSD SIP at this time and has issued PSD permits pursuant to a delegation of the Federal PSD rules at 40 CFR 52.21. On October 4, 2016, MPCA submitted a request to revise the Minnesota SIP to include Minn. R. 7007.3000, which incorporates 40 CFR 52.21 by reference. MPCA provided further clarification with respect to program implementation in a letter dated June 1, 2017. MPCA will not implement 40 CFR 52.21(g), (s), (t) and (u). The provisions at 40 CFR 52.21(g), (s), (t) and (u) have no corresponding requirements in 40 CFR 51.166. 40 CFR 52.21(g) contains procedures by which states may request EPA redesignate areas to different air quality classifications. The authority to redesignate air quality classifications is an authority of the EPA Administrator. The June 1, 2017, letter clarifies that MPCA does not intend to implement this paragraph and that the authority to implement the paragraph remains with the EPA Administrator. 40 CFR 52.21(s) requires a Federal action associated with a PSD project to be coordinated with an associated Federal environmental impact statement. Once a PSD program has been approved into the SIP, PSD permits will be issued under state authority and will no longer be considered Federal actions. 40 CFR 52.21(t) describes the process to resolve disputes over a redesignation or a permit. This is an authority of the EPA Administrator. The June 1, 2017, letter clarifies that MPCA does not intend to implement this paragraph and that the authority to implement the paragraph remains with the EPA Administrator. 40 CFR 52.21(u) authorizes the Administrator to delegate the PSD program. The June 1, 2017, letter clarifies that MPCA does not intend to implement this paragraph and that the authority to implement the paragraph remains with the EPA Administrator. Finally, as described in the June 1, 2017, clarification letter, the requirements in Minn. R. 7007.0700(B) for the completeness review and Minn. R. 7007.0850, subp. 2 for public notice requirements, which have already been approved into the SIP, will supersede E:\FR\FM\10JYP1.SGM 10JYP1

Agencies

[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Proposed Rules]
[Pages 31739-31741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14397]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0362; FRL-9964-66-Region 4]


Air Plan Approval; North Carolina Miscellaneous Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve several changes to the North Carolina State Implementation Plan 
(SIP) submitted by the State of North Carolina, through the North 
Carolina Department of Environmental Quality (NCDEQ), on December 14, 
2004 and March 1, 2016. The March 1, 2016, submission adds a new rule 
to the ``Exclusionary Rules'' of the North Carolina SIP, and the 
portion of the December 14, 2004, submission EPA is proposing to 
approve adds two new rules under a new section called ``Permit 
Exemptions.'' This action is being taken pursuant to the Clean Air Act 
(CAA or Act).

DATES: Comments must be received on or before August 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0362 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can 
also be reached via electronic mail at lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Analysis of the State Submittals

    On December 14, 2004 and March 1, 2016, the State of North 
Carolina, through NCDEQ, submitted revisions to the North Carolina SIP. 
EPA is proposing to approve the March 1, 2016, submission which adds a 
new rule--15A NCAC 02Q .0809 Concrete Batch Plants and a portion of the 
December 14, 2004, submission which adds two new rules--15A NCAC 02Q 
.0901, Purpose and Scope and .0902 Portable Crushers. EPA has 
preliminarily determined that these changes to the North Carolina SIP 
are approvable pursuant to section 110 of the CAA. The changes that are 
the subject of this proposed rulemaking are described in further detail 
below.

A. March 1, 2016, SIP Submission

    The March 1, 2016, submission adds a new exclusionary rule for 
concrete batch plants (15A NCAC 02Q .0809 Concrete Batch Plants) that 
excludes from Title V permitting requirements such facilities that 
operate below a specified annual production rate. The production rate 
that qualifies concrete batch plants for this permit exclusion is 
1,210,000 cubic yards of wet concrete per year, which, based on an 
emission factor, corresponds to an emission rate below the major source 
threshold. Subject facilities are required to submit an annual 
registration to the appropriate regional office and report the quantity 
of wet concrete produced in the previous calendar year and maintain 
records of annual production for the previous three calendar years. 
This annual certification that the facility's production rate is below 
the specified level ensures continued protection of the NAAQS, 
specifically particulate matter, which is of particular relevance 
because concrete batch plants emit particulate matter, including 
particulate matter with an aerodynamic diameter less than 10 
micrometers (PM10) and less than 2.5 micrometers 
(PM2.5). These excluded sources must also make prompt 
reports if they exceed the annual production rate limit, submitted 
within one week of the date on which the limit was exceeded.
    The rule excludes from Title V permitting requirements all concrete 
batch plants in the state that produce

[[Page 31740]]

less than 1.2 million cubic yards of wet concrete per calendar year and 
that are equipped with fabric filters or other functionally equivalent 
control devices to abate emissions of particulate matter, 
PM10 and PM2.5, from storage silos and weigh 
hoppers that receive materials from cement and mineral admixture silos. 
The annual production limit of 1.2 million cubic yards of wet concrete 
is designed to limit particulate matter emissions from plants equipped 
with fabric filters to less than the Title V permitting thresholds and 
is based on standard emission factors in use at the time of rule 
adoption.\1\
---------------------------------------------------------------------------

    \1\ North Carolina cites EPA's AP-42 (U.S. EPA Office of Air 
Quality Planning and Standards, Compilation of Air Pollutant 
Emission Factors, Volume I: Stationary Point and Area Sources, AP-
42. Fifth Edition) in its response to comments from the December 14, 
2004, submittal included as an attachment to the March 1, 2016, 
submittal.
---------------------------------------------------------------------------

B. December 14, 2004, SIP Submission

    The portion of the December 14, 2004, SIP submission that EPA is 
proposing to approve adds a new section (Section .0900 Permit 
Exemptions), which includes the following two new regulations:
    a. 15A NCAC 02Q .0901 Purpose and Scope is a new exclusionary rule 
which provides for exclusions from construction and operating permits 
for certain types of sources and activities. Sources subject to Title V 
permitting requirements are not eligible for exclusion under this rule. 
Sources eligible for permit exclusions under this rule may still apply 
for and receive construction and operating permits. At the time of this 
submittal, only one source category would be eligible for exclusion 
from permitting under Section .0900, if approved as proposed: Portable 
Crushers. The rule excludes from general construction and operating 
permitting requirements all specific listed sources that, due to the 
temporary, portable, and/or low-emitting nature of their operations, 
typically do not meet the applicability requirements for air permits, 
so long as they meet the requirements for the exclusion. These source-
specific exclusions contain provisions that limit the sources' 
potential emissions, such as constraints on operating hours and fuel 
consumption. The exclusions' use of operational or production-based 
limits instead of potential-emissions limits would streamline sources' 
analyses of whether or not they are required to obtain a permit.
    b. 15A NCAC 02Q .0902 Portable Crushers, is an exclusionary rule 
which provides for exclusions from construction and operating permits 
for portable crusher operations that meet the following criteria:
    [cir] No more than 300,000 tons of material crushed per any 12-
month period;
    [cir] No more than 17,000 gallons of diesel fuel burned during any 
12 months (for both diesel generators and diesel engines used to drive 
crushers);
    [cir] No more than 12 months of operation at a particular site;
    [cir] Continuous use of water spray to control emissions from the 
crushers.
    Portable crushers operating at quarries with air permits are not 
eligible for this permit exclusion.
    The rule excludes from general construction and operating 
permitting requirements portable/temporary crushing operations, 
providing the eligibility criteria listed above are met. The 
eligibility criteria are designed to ensure that these portable 
crushing operations do not operate for more than 12 months at a site. 
Records of production and fuel consumption must be maintained, and all 
equipment at each site must be labeled with unique identification 
numbers. The eligibility criteria are also based on corresponding 
emission rates and are thus designed to ensure that potential emissions 
of particulate matter (including PM10 and PM2.5), 
sulfur dioxide, and oxides of nitrogen from these sources are below 
relevant permit applicability thresholds. Therefore, the revision will 
not interfere with attainment and maintenance of the NAAQS pursuant to 
CAA section 110(l).
    Crushing operations eligible for this permitting exclusion must 
still comply with all applicable air quality standards, such as Rule 
.0510 Particulates from Sand, Gravel, or Crushed Stone Operations, 
.0516 Sulfur Dioxide Emissions from Combustion Sources, and .0521 
Control of Visible Emissions, and any New Source Performance Standard, 
among other state and federal air quality standards.

II. Incorporation by Reference

    In this rule, 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 15A NCAC 02Q .0809 entitled ``Concrete Batch Plants'' 
effective April 1, 2004, a new exclusionary rule for concrete batch 
that excludes from Title V permitting requirements such facilities that 
operate below a specified annual production rate; 15A NCAC 02Q .0901 
entitled ``Purpose and Scope'' effective January 1, 2005, a new 
exclusionary rule which provides for exclusions from construction and 
operating permits for certain types of sources and activities; and 15A 
NCAC 02Q .0902 entitled ``Portable Crushers'' effective January 1, 
2005, an exclusionary rule which provides for exclusions from 
construction and operating permits for portable crusher operations. EPA 
has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and/or at the EPA Region 
4 office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information).

III. Proposed Action

    EPA is proposing to approve North Carolina's March 1, 2016, 
submission and a portion of the December 14, 2004, submission. The 
changes pertain to the addition of two new rules under a new section 
``Permit Exemptions'' and adds a new rule to the ``Exclusionary Rules'' 
of the North Carolina SIP. These rule adoptions do not contravene 
federal permitting requirements or existing EPA policy, nor will they 
impact the NAAQS or interfere with any other applicable requirement of 
the Act. See 42 U.S.C. 7410(l).

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. Accordingly, this 
proposed action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, these proposed action:
     Are 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);

[[Page 31741]]

     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: June 26, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-14397 Filed 7-7-17; 8:45 am]
BILLING CODE 6560-50-P
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