Air Plan Approval; North Carolina: New Source Review for Fine Particulate Matter (PM2.5, 45827-45830 [2018-19603]

Download as PDF Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations Need for Correction As published July 30, 2018 (83 FR 36417), the final regulations (TD 9836) contain an error that needs to be corrected. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: ■ Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.170A–1 is amended by revising the third sentence of paragraph (a) to read as follows: ■ § 1.170A–1 Charitable, etc., contributions and gifts; allowance of deduction. (a) * * * For rules relating to record keeping and return requirements in support of deductions for charitable contributions (whether by an itemizing or nonitemizing taxpayer), see §§ 1.170A–13 (generally applicable to contributions on or before July 30, 2018), 1.170A–14, 1.170A–15, 1.170A– 16, 1.170A–17, and 1.170A–18. * * * * * * * * Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. 2018–19679 Filed 9–10–18; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0850] Drawbridge Operation Regulation; Sacramento River, Sacramento, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Sacramento Century Challenge bicycle daltland on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:11 Sep 10, 2018 Jkt 244001 race. This deviation allows the bridge to remain in the closed-to-navigation position. DATES: This deviation is effective from 7 a.m. through 10 a.m. on October 6, 2018. ADDRESSES: The docket for this deviation, USCG–2018–0850, is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510–437– 3516, email Carl.T.Hausner@uscg.mil. SUPPLEMENTARY INFORMATION: The California Department of Transportation has requested a temporary change to the operation of the Tower Drawbridge, mile 59.0, over Sacramento River, at Sacramento, CA. The drawbridge navigation span provides a vertical clearance of 30 feet above Mean High Water in the closed-to-navigation position. The draw operates as required by 33 CFR 117.189(a). Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 7 a.m. to 10 a.m. on October 6, 2018, to allow the community to participate in the Sacramento Century Challenge bicycle race. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. Vessels able to pass through the bridge in the closed position may do so at any time. The bridge will be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: September 5, 2018. Carl T. Hausner, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2018–19597 Filed 9–10–18; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 45827 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2015–0501; FRL–9983–43Region 4] Air Plan Approval; North Carolina: New Source Review for Fine Particulate Matter (PM2.5) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving changes to the North Carolina State Implementation Plan (SIP), submitted by the North Carolina Department of Environmental Quality (NC DEQ) through the Division of Air Quality, to EPA through a letter dated October 17, 2017. This SIP submittal modifies North Carolina’s Prevention of Significant Deterioration (PSD) regulations and includes the adoption of specific federal provisions needed to meet the New Source Review (NSR) permitting program requirements for the fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). In addition, North Carolina’s October 17, 2017, SIP submittal addresses portions of the PSD requirements for the infrastructure SIPs for the following NAAQS: 1997 Annual and 24-hour PM2.5; 2006 24-hour PM2.5; 2008 lead; 2008 8-hour ozone; 2010 sulfur dioxide (SO2); 2010 nitrogen dioxide (NO2); and 2012 Annual PM2.5. As a result of this approval of North Carolina’s modified PSD regulations, EPA is also approving North Carolina’s submittal with respect to the related PSD infrastructure SIP requirements for these NAAQS. In addition, these approvals remove EPA’s obligation to promulgate a Federal Implementation Plan (FIP) to meet the relevant Clean Air Act (CAA or Act) requirements. SUMMARY: DATES: This rule is effective October 11, 2018. EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2015–0501. All documents in the docket are listed on the www.regulations.gov website. 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 ADDRESSES: E:\FR\FM\11SER1.SGM 11SER1 45828 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations daltland on DSKBBV9HB2PROD with RULES available either electronically through www.regulations.gov or in hard copy at the 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. 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: Joel Huey of the 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. Mr. Huey can be reached by telephone at (404) 562–9104 or via electronic mail at huey.joel@ epa.gov. SUPPLEMENTARY INFORMATION: I. Background In an action published on June 21, 2018 (83 FR 28789), EPA proposed to approve changes to the North Carolina SIP, submitted by the NC DEQ to EPA through a letter dated October 17, 2017.1 The details of North Carolina’s submittal and the rationale for EPA’s actions are explained in the proposal notice and briefly summarized below. EPA did not receive any adverse comments on the proposed action. EPA is approving two actions with regard to North Carolina’s SIP submittal updating the State’s PSD regulations found at 15A North Carolina Administrative Code (NCAC) 02D .0530. First, EPA is approving North Carolina’s October 17, 2017, SIP submittal with regard to changes to the State’s regulation at 15A NCAC 02D .0530 because EPA has determined that the State’s changes fully meet the requirements of EPA’s rulemaking, ‘‘Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5)—Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC),’’ Final Rule, 75 FR 64864 (October 20, 2010) (hereafter referred to as the ‘‘2010 PSD PM2.5 Rule’’). Second, as a result of the approval of North Carolina’s October 17, 2017, SIP submittal for these PSD requirements, EPA is approving this submittal for portions of the infrastructure SIP PSD 1 EPA notes that the Agency may not have received this submittal on the date of the State’s letter. VerDate Sep<11>2014 16:11 Sep 10, 2018 Jkt 244001 elements for the following NAAQS: 1997 Annual and 24-hour PM2.5; 2006 24-hour PM2.5; 2008 lead; 2008 8-hour ozone; 2010 SO2; 2010 NO2; and 2012 Annual PM2.5.2 3 sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) for the 2008 lead NAAQS, 2008 ozone NAAQS, 2010 SO2 NAAQS, 2010 NO2 NAAQS, and 1997, 2006 and 2012 PM2.5 NAAQS.4 A. Requirements of the 2010 PSD PM2.5 Rule for PSD SIP Programs North Carolina’s October 17, 2017, SIP submittal adopts changes in the State’s PSD permitting program at 15A NCAC 02D .0530 by incorporating by reference EPA’s PSD regulations as of July 1, 2014. This incorporation by reference includes the federallyrequired provisions of EPA’s 2010 PSD PM2.5 Rule needed to implement the PSD PM2.5 program in North Carolina. Adopting the federal rule as of July 1, 2014, has the effect of adding to the North Carolina SIP the required definitions of ‘‘major source baseline date,’’ ‘‘minor source baseline date,’’ and ‘‘baseline area’’ that were lacking in the State’s previous PM2.5 submittals. This incorporation by reference as of July 1, 2014, also captures EPA’s October 25, 2012 (77 FR 65107), amendment to the definition of ‘‘regulated NSR pollutant’’ concerning condensable particulate matter. North Carolina’s incorporation by reference of EPA’s PSD regulations as of July 1, 2014, is not only consistent with the current federal rule, but it also will not interfere with North Carolina’s efforts to prevent significant deterioration of air quality and to attain and maintain compliance with the PM2.5 NAAQS. II. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of North Carolina’s regulations 15A NCAC 02D .0530, entitled ‘‘Prevention of Significant Deterioration,’’ which modify the NSR permitting regulations, effective September 1, 2017. 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). Therefore, these materials 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.5 B. Requirements for Infrastructure SIPs Because North Carolina’s October 17, 2017, SIP submittal addresses certain NSR/PSD requirements, it thereby meets the related infrastructure SIP requirements of section 110(a)(2)(C), 110(a)(2)(D)(i)(II) and 110(a)(2)(J). As finalized, North Carolina’s SIP includes a complete PSD program that addresses all structural PSD requirements due under the CAA and EPA regulations. Therefore, because EPA is approving North Carolina’s SIP revisions for the PSD program, it is also approving the October 17, 2017, submittal for the PSD infrastructure SIP requirements of 2 North Carolina’s October 17, 2017, SIP submittal requested approval of the PSD infrastructure SIPs for the 2008 lead, 2008 8-hour ozone, 2010 SO2, 2010 NO2 and the 2012 PM2.5 NAAQS. On April 16, 2018, the State submitted a letter to EPA clarifying that the same submittal is intended to satisfy the PSD elements of the State’s infrastructure SIP submittals for the 1997 and 2006 PM2.5 NAAQS as well. 3 The background for various NAAQS is provided in EPA’s proposed and final rulemaking entitled ‘‘Air Plan Approval and Disapproval; North Carolina: New Source Review for Fine Particulate Matter (PM2.5).’’ See 81 FR 28797 (May 10, 2016) and 81 FR 63107 (September 14, 2016). PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 III. Final Actions EPA is approving changes to the North Carolina SIP, provided by the NC DEQ, to EPA through a letter dated October 17, 2017. Specifically, EPA is approving changes to North Carolina’s NSR permitting regulations codified at 15A 02D .0530—Prevention of Significant Deterioration, which relate to the requirements to comply with EPA’s 2010 PSD PM2.5 Rule. EPA also notes that North Carolina’s incorporation by reference of EPA’s PSD regulations as of July 1, 2014, includes EPA’s amendment to the definition of ‘‘regulated NSR pollutant’’ concerning condensable PM promulgated on October 25, 2012. EPA is approving the version of 15A NCAC 02D .0530 (PSD) that became effective in the State on September 1, 2017, which will be incorporated into North Carolina’s SIP. As a result of this approval, EPA is also approving portions of the PSD elements of North Carolina’s infrastructure SIP submittals (i.e., CAA sections 4 EPA has already approved or will consider in separate actions all other elements from North Carolina infrastructure SIP submissions related to the 2008 lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2 NAAQS, and 1997, 2006 and 2012 PM2.5 NAAQS. 5 See 62 FR 27968 (May 22, 1997). E:\FR\FM\11SER1.SGM 11SER1 45829 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J)) for the 1997 Annual and 24hour PM2.5, 2006 24-hour PM2.5, 2008 lead, 2008 8-hour ozone, 2010 SO2, 2010 NO2 and the 2012 Annual PM2.5 NAAQS. This final action removes EPA’s obligation under section 110(c) to promulgate a FIP to address the PM2.5 increments requirements of EPA’s 2010 PSD PM2.5 Rule PSD and the related PSD elements for the above listed infrastructure SIPs. 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. These actions merely approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For that reason, these actions: • 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); • Are not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • 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); • 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. 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 13, 2018. 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: August 28, 2018. Onis ‘‘Trey’’ Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart II—North Carolina 2. Section 52.1770(c) Table 1 is amended under Subchapter 2D, Section .0500 by revising the entry for ‘‘Sect .0530’’ to read as follows: ■ § 52.1770 * Identification of plan. * * (c) * * * * * TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS State citation State effective date Title/subject EPA approval date Explanation Subchapter 2D Air Pollution Control Requirements daltland on DSKBBV9HB2PROD with RULES * * * Sect .0530 ................ * VerDate Sep<11>2014 * * * Section .0500 Emission Control Standards * * Prevention of Significant Deterioration ...... * 16:11 Sep 10, 2018 * Jkt 244001 PO 00000 * 9/1/2017 * Frm 00019 Fmt 4700 * * * 9/11/2018, [Insert citation of publication in Federal Register]. * Sfmt 4700 E:\FR\FM\11SER1.SGM * 11SER1 * * ........................ * 45830 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations * * * * * 3. Section 52.1770(e), is amended by adding entries for ‘‘110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter NAAQS’’, ‘‘110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter NAAQS’’, ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS’’, ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS’’, ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS’’, ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS’’, and ■ ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS’’ at the end of the table to read as follows: § 52.1770 * Identification of plan. * * (e) * * * * * EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS State effective date EPA approval date Federal Register citation Explanation * 4/1/2008 * 9/11/2018 9/21/2009 9/11/2018 6/15/2012 9/11/2018 110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS. 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS. 11/2/2012 9/11/2018 8/23/2013 9/11/2018 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS. 3/18/2014 9/11/2018 110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS. 12/4/2015 9/11/2018 * [Insert citation of publication in Federal Register]. [Insert citation of publication in Federal Register]. [Insert citation of publication in Federal Register]. [Insert citation of publication in Federal Register]. [Insert citation of publication in Federal Register]. [Insert citation of publication in Federal Register]. [Insert citation of publication in Federal Register]. * * Approved the PSD elements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). Approved the PSD elements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). Approved the PSD elements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). Approved the PSD elements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). Approved the PSD elements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). Approved the PSD elements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). Approved the PSD elements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). Provision * * 110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter NAAQS. 110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter NAAQS. 110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS. [FR Doc. 2018–19603 Filed 9–10–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R10–OAR–2017–0582; FRL–9983– 53—Region 10] Air Plan Approval; ID, Pinehurst PM10 Redesignation, Limited Maintenance Plan; West Silver Valley 2012 Annual PM2.5 Emission Inventory Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The EPA is approving the redesignation request and limited maintenance plan for the PM10 National Ambient Air Quality Standard developed for the City of Pinehurst PM10 Nonattainment Area and the Pinehurst PM10 Expansion Nonattainment Area. This redesignation will change the status of both areas from nonattainment to attainment. The limited maintenance plan for these contiguous nonattainment areas daltland on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:11 Sep 10, 2018 Jkt 244001 addresses maintenance of the PM10 standard for a ten-year period beyond redesignation. Related to this action, the EPA is taking final agency action on the September 15, 2013, high wind exceptional event at the Pinehurst monitoring station. Additionally, the EPA is finalizing approval of the emissions inventory for the West Silver Valley 2012 annual PM2.5 nonattainment area. section for additional availability information. FOR FURTHER INFORMATION CONTACT: Justin Spenillo at (206) 553–6125, or spenillo.justin@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is intended to refer to the EPA. This action is effective on October 11, 2018. I. Background Information II. Response to Comments III. Final Action IV. Statutory and Executive Orders Review DATES: The EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2017–0582. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information the disclosure of which 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 through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER ADDRESSES: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 INFORMATION CONTACT Table of Contents I. Background Information On May 11, 2018, the EPA proposed to approve the redesignation request and limited maintenance plan (LMP) submitted by the Idaho Department of Environmental Quality (IDEQ) on September 29, 2017, for the City of Pinehurst PM10 Nonattainment Area and the Pinehurst PM10 Expansion Nonattainment Area, collectively referred to as the Pinehurst PM10 Nonattainment Area (Pinehurst PM10 NAA). Related to this action, the EPA is taking final agency action on the EPA’s concurrence with the IDEQ’s request for E:\FR\FM\11SER1.SGM 11SER1

Agencies

[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45827-45830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19603]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0501; FRL-9983-43-Region 4]


Air Plan Approval; North Carolina: New Source Review for Fine 
Particulate Matter (PM2.5)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to the North Carolina State Implementation Plan (SIP), submitted by the 
North Carolina Department of Environmental Quality (NC DEQ) through the 
Division of Air Quality, to EPA through a letter dated October 17, 
2017. This SIP submittal modifies North Carolina's Prevention of 
Significant Deterioration (PSD) regulations and includes the adoption 
of specific federal provisions needed to meet the New Source Review 
(NSR) permitting program requirements for the fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS). In 
addition, North Carolina's October 17, 2017, SIP submittal addresses 
portions of the PSD requirements for the infrastructure SIPs for the 
following NAAQS: 1997 Annual and 24-hour PM2.5; 2006 24-hour 
PM2.5; 2008 lead; 2008 8-hour ozone; 2010 sulfur dioxide 
(SO2); 2010 nitrogen dioxide (NO2); and 2012 
Annual PM2.5. As a result of this approval of North 
Carolina's modified PSD regulations, EPA is also approving North 
Carolina's submittal with respect to the related PSD infrastructure SIP 
requirements for these NAAQS. In addition, these approvals remove EPA's 
obligation to promulgate a Federal Implementation Plan (FIP) to meet 
the relevant Clean Air Act (CAA or Act) requirements.

DATES: This rule is effective October 11, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0501. All documents in the docket 
are listed on the www.regulations.gov website. 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

[[Page 45828]]

available either electronically through www.regulations.gov or in hard 
copy at the 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. 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: Joel Huey of the 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. Mr. Huey can be reached by telephone at 
(404) 562-9104 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In an action published on June 21, 2018 (83 FR 28789), EPA proposed 
to approve changes to the North Carolina SIP, submitted by the NC DEQ 
to EPA through a letter dated October 17, 2017.\1\ The details of North 
Carolina's submittal and the rationale for EPA's actions are explained 
in the proposal notice and briefly summarized below. EPA did not 
receive any adverse comments on the proposed action.
---------------------------------------------------------------------------

    \1\ EPA notes that the Agency may not have received this 
submittal on the date of the State's letter.
---------------------------------------------------------------------------

    EPA is approving two actions with regard to North Carolina's SIP 
submittal updating the State's PSD regulations found at 15A North 
Carolina Administrative Code (NCAC) 02D .0530. First, EPA is approving 
North Carolina's October 17, 2017, SIP submittal with regard to changes 
to the State's regulation at 15A NCAC 02D .0530 because EPA has 
determined that the State's changes fully meet the requirements of 
EPA's rulemaking, ``Prevention of Significant Deterioration (PSD) for 
Particulate Matter Less Than 2.5 Micrometers (PM2.5)--
Increments, Significant Impact Levels (SILs) and Significant Monitoring 
Concentration (SMC),'' Final Rule, 75 FR 64864 (October 20, 2010) 
(hereafter referred to as the ``2010 PSD PM2.5 Rule''). 
Second, as a result of the approval of North Carolina's October 17, 
2017, SIP submittal for these PSD requirements, EPA is approving this 
submittal for portions of the infrastructure SIP PSD elements for the 
following NAAQS: 1997 Annual and 24-hour PM2.5; 2006 24-hour 
PM2.5; 2008 lead; 2008 8-hour ozone; 2010 SO2; 
2010 NO2; and 2012 Annual PM2.5.2 3
---------------------------------------------------------------------------

    \2\ North Carolina's October 17, 2017, SIP submittal requested 
approval of the PSD infrastructure SIPs for the 2008 lead, 2008 8-
hour ozone, 2010 SO2, 2010 NO2 and the 2012 
PM2.5 NAAQS. On April 16, 2018, the State submitted a 
letter to EPA clarifying that the same submittal is intended to 
satisfy the PSD elements of the State's infrastructure SIP 
submittals for the 1997 and 2006 PM2.5 NAAQS as well.
    \3\ The background for various NAAQS is provided in EPA's 
proposed and final rulemaking entitled ``Air Plan Approval and 
Disapproval; North Carolina: New Source Review for Fine Particulate 
Matter (PM2.5).'' See 81 FR 28797 (May 10, 2016) and 81 
FR 63107 (September 14, 2016).
---------------------------------------------------------------------------

A. Requirements of the 2010 PSD PM2.5 Rule for PSD SIP 
Programs

    North Carolina's October 17, 2017, SIP submittal adopts changes in 
the State's PSD permitting program at 15A NCAC 02D .0530 by 
incorporating by reference EPA's PSD regulations as of July 1, 2014. 
This incorporation by reference includes the federally-required 
provisions of EPA's 2010 PSD PM2.5 Rule needed to implement 
the PSD PM2.5 program in North Carolina. Adopting the 
federal rule as of July 1, 2014, has the effect of adding to the North 
Carolina SIP the required definitions of ``major source baseline 
date,'' ``minor source baseline date,'' and ``baseline area'' that were 
lacking in the State's previous PM2.5 submittals. This 
incorporation by reference as of July 1, 2014, also captures EPA's 
October 25, 2012 (77 FR 65107), amendment to the definition of 
``regulated NSR pollutant'' concerning condensable particulate matter. 
North Carolina's incorporation by reference of EPA's PSD regulations as 
of July 1, 2014, is not only consistent with the current federal rule, 
but it also will not interfere with North Carolina's efforts to prevent 
significant deterioration of air quality and to attain and maintain 
compliance with the PM2.5 NAAQS.

B. Requirements for Infrastructure SIPs

    Because North Carolina's October 17, 2017, SIP submittal addresses 
certain NSR/PSD requirements, it thereby meets the related 
infrastructure SIP requirements of section 110(a)(2)(C), 
110(a)(2)(D)(i)(II) and 110(a)(2)(J). As finalized, North Carolina's 
SIP includes a complete PSD program that addresses all structural PSD 
requirements due under the CAA and EPA regulations. Therefore, because 
EPA is approving North Carolina's SIP revisions for the PSD program, it 
is also approving the October 17, 2017, submittal for the PSD 
infrastructure SIP requirements of sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), and 110(a)(2)(J) for the 2008 lead NAAQS, 2008 
ozone NAAQS, 2010 SO2 NAAQS, 2010 NO2 NAAQS, and 
1997, 2006 and 2012 PM2.5 NAAQS.\4\
---------------------------------------------------------------------------

    \4\ EPA has already approved or will consider in separate 
actions all other elements from North Carolina infrastructure SIP 
submissions related to the 2008 lead, 2008 8-hour ozone, 2010 
NO2, 2010 SO2 NAAQS, and 1997, 2006 and 2012 
PM2.5 NAAQS.
---------------------------------------------------------------------------

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of North 
Carolina's regulations 15A NCAC 02D .0530, entitled ``Prevention of 
Significant Deterioration,'' which modify the NSR permitting 
regulations, effective September 1, 2017. 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). Therefore, these materials 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.\5\
---------------------------------------------------------------------------

    \5\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Actions

    EPA is approving changes to the North Carolina SIP, provided by the 
NC DEQ, to EPA through a letter dated October 17, 2017. Specifically, 
EPA is approving changes to North Carolina's NSR permitting regulations 
codified at 15A 02D .0530--Prevention of Significant Deterioration, 
which relate to the requirements to comply with EPA's 2010 PSD 
PM2.5 Rule. EPA also notes that North Carolina's 
incorporation by reference of EPA's PSD regulations as of July 1, 2014, 
includes EPA's amendment to the definition of ``regulated NSR 
pollutant'' concerning condensable PM promulgated on October 25, 2012. 
EPA is approving the version of 15A NCAC 02D .0530 (PSD) that became 
effective in the State on September 1, 2017, which will be incorporated 
into North Carolina's SIP. As a result of this approval, EPA is also 
approving portions of the PSD elements of North Carolina's 
infrastructure SIP submittals (i.e., CAA sections

[[Page 45829]]

110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J)) for the 1997 
Annual and 24-hour PM2.5, 2006 24-hour PM2.5, 
2008 lead, 2008 8-hour ozone, 2010 SO2, 2010 NO2 
and the 2012 Annual PM2.5 NAAQS. This final action removes 
EPA's obligation under section 110(c) to promulgate a FIP to address 
the PM2.5 increments requirements of EPA's 2010 PSD 
PM2.5 Rule PSD and the related PSD elements for the above 
listed infrastructure SIPs.

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. These actions merely 
approve state law as meeting Federal requirements and do not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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);
     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.
    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 13, 2018. 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.


    Dated: August 28, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
    40 CFR part 52 is amended 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. Section 52.1770(c) Table 1 is amended under Subchapter 2D, Section 
.0500 by revising the entry for ``Sect .0530'' to read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation               Title/subject       effective date     EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect .0530.....................  Prevention of                  9/1/2017  9/11/2018, [Insert      ..............
                                  Significant                              citation of
                                  Deterioration.                           publication in
                                                                           Federal Register].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 45830]]

* * * * *

0
3. Section 52.1770(e), is amended by adding entries for ``110(a)(1) and 
(2) Infrastructure Requirements for 1997 Fine Particulate Matter 
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for 2006 Fine 
Particulate Matter NAAQS'', ``110(a)(1) and (2) Infrastructure 
Requirements for the 2008 Lead NAAQS'', ``110(a)(1) and (2) 
Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS'', 
``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour 
NO2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements 
for the 2010 1-hour SO2 NAAQS'', and ``110(a)(1) and (2) 
Infrastructure Requirements for the 2012 Annual PM2.5 
NAAQS'' at the end of the table to read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        State       EPA approval     Federal Register
            Provision              effective date       date             citation              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure         4/1/2008       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for 1997 Fine                                         publication in       elements of sections
 Particulate Matter NAAQS.                                          Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        9/21/2009       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for 2006 Fine                                         publication in       elements of sections
 Particulate Matter NAAQS.                                          Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        6/15/2012       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2008 Lead                                     publication in       elements of sections
 NAAQS.                                                             Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        11/2/2012       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2008 8-Hour                                   publication in       elements of sections
 Ozone NAAQS.                                                       Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        8/23/2013       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2010 1-hour                                   publication in       elements of sections
 NO2 NAAQS.                                                         Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        3/18/2014       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2010 1-hour                                   publication in       elements of sections
 SO2 NAAQS.                                                         Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
110(a)(1) and (2) Infrastructure        12/4/2015       9/11/2018  [Insert citation of  Approved the PSD
 Requirements for the 2012 Annual                                   publication in       elements of sections
 PM2.5 NAAQS.                                                       Federal Register].   110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-19603 Filed 9-10-18; 8:45 am]
 BILLING CODE 6560-50-P