Air Plan Approval; North Carolina: New Source Review for Fine Particulate Matter (PM2.5, 45827-45830 [2018-19603]
Download as PDF
<![CDATA[
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 https://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
