Air Plan Approval; North Carolina: NOX, 66133-66136 [2018-27747]

Download as PDF Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. ■ amozie on DSK3GDR082PROD with RULES F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting less than one hour that will prohibit entry into a designated area. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: 66133 directions given to them by the COTP or his on-scene representative. Dated: December 18, 2018. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2018–27790 Filed 12–21–18; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2018–0432; FRL–9988–25– Region 4] ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T09–1107 to read as follows: § 165.T09–1107 Safety Zone; Mathai Fireworks, Detroit River, Detroit, MI. (a) Location. A safety zone is established to include all U.S. navigable waters of the Detroit River, Detroit, MI, within a 420-foot radius of position 42°19.611′, 083°02.361′ (NAD 83). (b) Enforcement period. The regulated area described in paragraph (a) of this section will be enforced from 10 p.m. through 10:30 p.m. on December 27, 2018. In the case of inclement weather or other unforeseen delay on December 27, 2018, this safety zone will be enforced from 10 p.m. to 10:30 p.m. on December 28, 2018. (c) Regulations. (1) No vessel or person may enter, transit through, or anchor within the safety zone unless authorized by the Captain of the Port Detroit (COTP), or his on-scene representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or his on-scene representative. (3) The ‘‘on-scene representative’’ of COTP is any Coast Guard commissioned, warrant or petty officer or a Federal, State, or local law enforcement officer designated by or assisting the Captain of the Port Detroit to act on his behalf. (4) Vessel operators shall contact the COTP or his on-scene representative to obtain permission to enter or operate within the safety zone. The COTP or his on-scene representative may be contacted via VHF Channel 16 or at (313) 568–9464. Vessel operators given permission to enter or operate in the regulated area must comply with all PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 Air Plan Approval; North Carolina: NOX Rule Revisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving portions of a State Implementation Plan (SIP) revision submitted by the State of North Carolina, through the North Carolina Division of Air Quality (NCDAQ) on June 5, 2017, as supplemented on June 28, 2018. This submittal seeks to revise the State’s SIP-approved rules regarding nitrogen oxides (NOX) emissions from large stationary combustion sources. This action is being taken pursuant to section 110 of the Clean Air Act (CAA or Act). DATES: This rule will be effective January 25, 2019. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2018–0432. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through 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 SUMMARY: E:\FR\FM\26DER1.SGM 26DER1 66134 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. Ms. Spann can be reached by phone at (404) 562–9029 or via electronic mail at spann.jane@epa.gov. SUPPLEMENTARY INFORMATION: I. This Action Pursuant to section 110 of the CAA, EPA is approving changes to the North Carolina SIP. EPA has evaluated the relevant portions of North Carolina’s June 5, 2017, SIP revision, as supplemented on June 28, 2018, and has determined that they meet the applicable requirements of the CAA and EPA regulations.1 In this final rulemaking, EPA is also responding to comments received on the proposed rulemaking. amozie on DSK3GDR082PROD with RULES II. Background On September 18, 2001, North Carolina submitted rule sections regarding the control of NOX emissions from large stationary combustion sources to EPA for approval into its SIP.2 North Carolina submitted rule changes under 15A North Carolina Administrative Code (NCAC) 02D .1400—‘‘Nitrogen Oxides’’ at the following Sections: .1401— ‘‘Definitions’’; .1403—‘‘Compliance Schedules’’; .1413—‘‘Sources Not Otherwise Listed in This Section’’; .1414—‘‘Tune-up Requirements’’; and .1423—‘‘Large Internal Combustion Engines’’ as well as other rules not related to today’s proposed action.3 The 1 On June 5, 2017, NCDAQ submitted a SIP revision addressing regulations under 15A North Carolina Administrative Code (NCAC) 02D Sections .1407—‘‘Boilers and Indirect-Fired Process Heaters’’ and .1408—‘‘Stationary Combustion Turbines’’ that is separate from the SIP revision that EPA is finalizing today. On August 14, 2002, and again on November 19, 2008, NCDAQ submitted amendments to Sections .1407 and .1408 along with many other rule amendments. NCDAQ’s intention, as outlined in its June 5, 2017, SIP submittal for Sections .1407 and .1408, was to withdraw the November 19, 2008, submittal related to these rules. However, EPA already approved the portion of the November 19, 2008, submittal related to Sections .1407 and .1408 on May 9, 2013. See 78 FR 27065. Therefore, no further action is needed on the June 5, 2017 SIP submittal containing Sections .1407 and .1408 as the latest version of these rules have been previously incorporated into the federally-approved SIP. 2 See Section .1402—‘‘Applicability’’ and the definition of ‘‘source’’ in Section .1401 for the scope of this rule section. 3 In the table of North Carolina regulations federally approved into the SIP at 40 CFR VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 submittal also included Section .1406— ‘‘Utility Boilers (Repealed)’’ with no regulatory text. EPA approved the September 18, 2001, SIP revision on December 27, 2002, with the exception of Section .1406 and the addition of Sections .1413 and .1414, among others. EPA did not act on Section .1406 because the rule contained no regulatory text and because Section .1406 was not in the SIP, thus there was nothing to repeal. See 67 FR 78987 for further information. On August 14, 2002, North Carolina submitted a SIP revision to EPA containing changes under Subchapter 2D to its Section .1400 NOX rules. The submission included changes to Sections .1401—‘‘Definitions’’; .1403— ‘‘Compliance Schedules’’; .1413— ‘‘Sources Not Otherwise Listed in This Section’’; .1414—‘‘Tune-up Requirements’’; and .1423—‘‘Large Internal Combustion Engines’’ as well as changes to other rules not related to today’s proposed action. The submittal again included Section .1406—‘‘Utility Boilers (Repealed)’’ with no regulatory text. North Carolina took these rule changes to hearing on May 21, 2001, and June 5, 2001. EPA did not act on the August 14, 2002, submittal. On June 5, 2017, North Carolina withdrew its August 14, 2002, SIP submittal and resubmitted the changes to Sections .1401, .1403, .1413, .1414, and .1423 contained in the 2002 submittal along with the repeal of Section .1406. The June 5, 2017, submittal relies on the hearing record associated with the August 14, 2002, submittal because the rule text is identical. On June 28, 2018, North Carolina supplemented its June 5, 2017, submittal to acknowledge that Sections .1413 and .1414 are not in the SIP. In a notice of proposed rulemaking (NPRM) published on November 5, 2018, EPA proposed approval of the June 5, 2017, SIP submission, as supplemented June 28, 2018. See 83 FR 55335. Comments on the NPRM were due on or before November 26, 2018. EPA received supporting comments and adverse comments on the proposed rule. The Agency has summarized and responded to the potentially adverse comments below (the commenters are hereinafter collectively referred to as ‘‘the Commenter’’). III. Response to Comment Comment 1: The Commenter states that the world has vastly changed since the enactment of the Clean Air Act and 52.1770(c), 15A NCAC 02D is referred to as ‘‘Subchapter 2D Air Pollution Control Requirements.’’ PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 that the ‘‘science used through the NC DAQ has changed along with it.’’ The Commenter further states that the ‘‘State Implementation Plan though the Clean Air Act has been untouched since 2001, and if this is the third of these attempts it is vital to comply with some of the requests. Climate change policy as matured in North Carolina, and this is another part of that development.’’ Response 1: It is unclear how the comment relates to the proposal or how the Commenter would like EPA to change the proposed rule. EPA has modified the North Carolina SIP numerous times since 2001 in response to SIP revisions submitted by the State and is taking action to further modify the SIP as described in the NPRM. See 40 CFR 52.1770(c) and (e). Furthermore, the SIP revision at issue is focused on the control of NOX emissions and does not expressly address climate change. Comment 2: The Commenter notes that North Carolina replaced the phrase ‘‘optimization of’’ with ‘‘utilization’’ in the definition of ‘‘reasonable effort’’ in Section .1401. According to the Commenter, ‘‘it seems as though North Carolina is trying to avoid an efficient use of the abatement technology,’’ ‘‘avoiding the Clean Air Act’s goal,’’ and ‘‘not putting in maximum effort to abate NOX.’’ Response 2: The criterion for EPA approval in this instance is whether, under CAA section 110(l), the SIP revision would interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable CAA requirement. As discussed in the NPRM, EPA does not believe that approval would violate section 110(l) given the limited applicability of the provision, the continued requirement to follow manufacturers’ recommendations or other similar guidance, the fact that it was state effective in 2002, and the lack of nonattainment areas in the State for any criteria pollutant. Comment 3: Regarding Section .1413—Sources Not Otherwise Listed in This Section, the Commenter states that it is important to specify RACT in the SIP ‘‘as it shows the EPA is requiring all sources of NOX combustion to specify their usage of RACT.’’ The Commenter states that the rule ‘‘could go a step further and the EPA could mandate Best Available Control Technology [BACT]. This makes it seem like North Carolina is trying to slide around the rule and not implement the best-case scenario in terms of abatement.’’ Response 3: EPA agrees that it should incorporate Section .1413 into the SIP as a strengthening measure. As a point of clarification, the rule does not require E:\FR\FM\26DER1.SGM 26DER1 amozie on DSK3GDR082PROD with RULES Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations ‘‘all sources of NOX combustion to specify their usage of RACT.’’ The rule requires certain sources of NOX—other than boilers, indirect-fired process heaters, stationary combustion turbines, and stationary internal combustion engines—at facilities with a potential to emit of 100 tons per year or more of NOX or 560 pounds per calendar day or more from May 1 through September 30 to apply RACT. Regarding the comments concerning BACT, EPA cannot mandate the use of this control technology under this circumstance. BACT is a CAA requirement for major new or modified stationary sources subject to the Prevention of Significant Deterioration (PSD) program under Title I, Part C of the Act. North Carolina did not submit Section .1413 to EPA to satisfy the State’s PSD obligations under the CAA, and EPA has already approved North Carolina’s PSD program at 15A NCAC 02D .0530, including its BACT provisions, as meeting CAA requirements and incorporated the program into the SIP. See, e.g., 47 FR 7836 (February 23, 1982). Comment 4: Regarding Section .1403—Compliance Schedules, the Commenter notes that EPA is not acting on this rule because it already approved a previous submission. The Commenter then states that EPA ‘‘should look into this rule further, as the last effective revision for this rule was in 2002. Schedules change, and this could be another example of the EPA not being strict enough in implementing the Clean Air Act’s statutes on North Carolina.’’ Response 4: It is unclear how the Commenter would like EPA to change the proposed rule, and EPA does not agree that the last effective revision for Section .1403 was in 2002. North Carolina last modified Section .1403 on July 1, 2007, and EPA approved that version of the rule into the SIP on May 9, 2013. See 78 FR 27065. Because the 2007 version of the rule (approved by EPA in 2013) superseded the July 15, 2002, version contained in the June 5, 2017, SIP revision, EPA is not taking action on the portion of the submittal regarding Section .1403. Comment 5: The Commenter states that the SIP revisions ‘‘do a good job in creating a better understanding of North Carolina’s abatement efforts, however the EPA could revisit rules of the previous submissions. They have chosen to not take action on several rules, but these rules .1403, .1406 and .1423 could better strengthen the SIP if they were updated and better evaluated.’’ Response 5: It is unclear how the Commenter would like EPA to change VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 the proposed rule or how Sections .1403, .1406, and .1423 could strengthen the SIP ‘‘if they were updated and better evaluated.’’ As discussed in Response 4, EPA has already incorporated the most recent state-effective version of Section .1403 into the SIP. EPA is not acting on Section .1406—Utility Boilers (Repealed) because the rule contains no regulatory text and because EPA never incorporated Section .1406 into the SIP. EPA is not acting on Section .1423 at this time. Any future action on that rule will occur in a separate rulemaking. To the extent that the Commenter wants EPA to revisit rules of previous SIP submissions, EPA notes that this action is limited to the June 5, 2017 SIP revision and that previous SIP submissions on these rules are no longer before the Agency for review. IV. Incorporation by Reference In this document, 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 North Carolina regulations under Subchapter 2D Air Pollution Control Requirements, Section .1401— ‘‘Definitions,’’ modified to clarify which definitions outside of the rule apply to Section .1400, including definitions from the CFR, add a definition for ‘‘combustion turbine,’’ modify the definition of ‘‘reasonable effort,’’ ‘‘emergency generator,’’ ‘‘emergency use internal combustion engines,’’ ‘‘fossil fuel fired,’’ ‘‘ozone season,’’ ‘‘seasonal energy input’’ and ‘‘seasonal energy output,’’ and renumber the paragraphs within the rule, state effective on July 15, 2002; Section .1413—‘‘Sources Not Otherwise Listed in This Section,’’ which includes rules for NOX sources not otherwise listed in section .1400, state effective on July 18, 2002; and Section .1414—‘‘Tune-Up Requirements,’’ which includes tune-up requirements for certain boilers, indirect-fired process heaters and stationary internal combustion engines, state effective on July 18, 2002. 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 State implementation plan, 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 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 66135 be incorporated by reference in the next update to the SIP compilation.4 V. Final Action Pursuant to section 110 of the CAA, EPA is approving the aforementioned changes to the North Carolina SIP. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. This action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as 4 See E:\FR\FM\26DER1.SGM 62 FR 27968 (May 22, 1997). 26DER1 66136 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 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 February 25, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 6, 2018. Mary S. Walker, Acting 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. In § 52.1770, the table in paragraph (c)(1) is amended by: ■ a. Revising the entry ‘‘Section .1401’’. ■ b. Adding the entries ‘‘Section .1413’’ and ‘‘Section .1414’’ in numerical order. The additions and revision read as follows: ■ § 52.1770 * Identification of plan. * * (c) * * * * * (1) EPA-APPROVED NORTH CAROLINA REGULATIONS State citation State effective date Title/subject Subchapter 2D * * * * Section .1401 ......... Definitions ........................................................ * Section .1413 ......... * * Sources Not Otherwise Listed in This Section Section .1414 ......... Tune-Up Requirements ................................... * * * * * * * [FR Doc. 2018–27747 Filed 12–21–18; 8:45 am] * * * * * 12/26/2018, [insert Federal Register citation]. 12/26/2018, [insert Federal Register citation]. * Nitrogen Oxides 7/15/2002 * 7/18/2002 7/18/2002 12/26/2018, [insert Federal Register citation]. * * ENVIRONMENTAL PROTECTION AGENCY BILLING CODE 6560–50–P 40 CFR Part 52 amozie on DSK3GDR082PROD with RULES [EPA–R09–OAR–2018–0559; FRL–9987–78– Region 9] Air Plan Approval; California; Feather River Air Quality Management District Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to SUMMARY: VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 PO 00000 Frm 00060 Explanation Air Pollution Control Requirements Section .1400 * EPA approval date Fmt 4700 Sfmt 4700 * * approve a revision to the Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NOX) from natural gas-fired water heaters, small boilers, and process heaters. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). This rule will be effective on January 25, 2019. DATES: The EPA has established a docket for this action under Docket ID ADDRESSES: E:\FR\FM\26DER1.SGM 26DER1

Agencies

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Pages 66133-66136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27747]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0432; FRL-9988-25-Region 4]


Air Plan Approval; North Carolina: NOX Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of a State Implementation Plan (SIP) revision submitted by the 
State of North Carolina, through the North Carolina Division of Air 
Quality (NCDAQ) on June 5, 2017, as supplemented on June 28, 2018. This 
submittal seeks to revise the State's SIP-approved rules regarding 
nitrogen oxides (NOX) emissions from large stationary 
combustion sources. This action is being taken pursuant to section 110 
of the Clean Air Act (CAA or Act).

DATES: This rule will be effective January 25, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0432. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through 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

[[Page 66134]]

official hours of business are Monday through Friday 8:30 a.m. to 4:30 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management 
Section, Air Planning and Implementation Branch, Pesticides and Toxics 
Management Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Spann can be 
reached by phone at (404) 562-9029 or via electronic mail at 
spann.jane@epa.gov.

SUPPLEMENTARY INFORMATION:

I. This Action

    Pursuant to section 110 of the CAA, EPA is approving changes to the 
North Carolina SIP. EPA has evaluated the relevant portions of North 
Carolina's June 5, 2017, SIP revision, as supplemented on June 28, 
2018, and has determined that they meet the applicable requirements of 
the CAA and EPA regulations.\1\ In this final rulemaking, EPA is also 
responding to comments received on the proposed rulemaking.
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    \1\ On June 5, 2017, NCDAQ submitted a SIP revision addressing 
regulations under 15A North Carolina Administrative Code (NCAC) 02D 
Sections .1407--``Boilers and Indirect-Fired Process Heaters'' and 
.1408--``Stationary Combustion Turbines'' that is separate from the 
SIP revision that EPA is finalizing today. On August 14, 2002, and 
again on November 19, 2008, NCDAQ submitted amendments to Sections 
.1407 and .1408 along with many other rule amendments. NCDAQ's 
intention, as outlined in its June 5, 2017, SIP submittal for 
Sections .1407 and .1408, was to withdraw the November 19, 2008, 
submittal related to these rules. However, EPA already approved the 
portion of the November 19, 2008, submittal related to Sections 
.1407 and .1408 on May 9, 2013. See 78 FR 27065. Therefore, no 
further action is needed on the June 5, 2017 SIP submittal 
containing Sections .1407 and .1408 as the latest version of these 
rules have been previously incorporated into the federally-approved 
SIP.
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II. Background

    On September 18, 2001, North Carolina submitted rule sections 
regarding the control of NOX emissions from large stationary 
combustion sources to EPA for approval into its SIP.\2\ North Carolina 
submitted rule changes under 15A North Carolina Administrative Code 
(NCAC) 02D .1400--``Nitrogen Oxides'' at the following Sections: 
.1401--``Definitions''; .1403--``Compliance Schedules''; .1413--
``Sources Not Otherwise Listed in This Section''; .1414--``Tune-up 
Requirements''; and .1423--``Large Internal Combustion Engines'' as 
well as other rules not related to today's proposed action.\3\ The 
submittal also included Section .1406--``Utility Boilers (Repealed)'' 
with no regulatory text. EPA approved the September 18, 2001, SIP 
revision on December 27, 2002, with the exception of Section .1406 and 
the addition of Sections .1413 and .1414, among others. EPA did not act 
on Section .1406 because the rule contained no regulatory text and 
because Section .1406 was not in the SIP, thus there was nothing to 
repeal. See 67 FR 78987 for further information.
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    \2\ See Section .1402--``Applicability'' and the definition of 
``source'' in Section .1401 for the scope of this rule section.
    \3\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred 
to as ``Subchapter 2D Air Pollution Control Requirements.''
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    On August 14, 2002, North Carolina submitted a SIP revision to EPA 
containing changes under Subchapter 2D to its Section .1400 
NOX rules. The submission included changes to Sections 
.1401--``Definitions''; .1403--``Compliance Schedules''; .1413--
``Sources Not Otherwise Listed in This Section''; .1414--``Tune-up 
Requirements''; and .1423--``Large Internal Combustion Engines'' as 
well as changes to other rules not related to today's proposed action. 
The submittal again included Section .1406--``Utility Boilers 
(Repealed)'' with no regulatory text. North Carolina took these rule 
changes to hearing on May 21, 2001, and June 5, 2001. EPA did not act 
on the August 14, 2002, submittal.
    On June 5, 2017, North Carolina withdrew its August 14, 2002, SIP 
submittal and resubmitted the changes to Sections .1401, .1403, .1413, 
.1414, and .1423 contained in the 2002 submittal along with the repeal 
of Section .1406. The June 5, 2017, submittal relies on the hearing 
record associated with the August 14, 2002, submittal because the rule 
text is identical. On June 28, 2018, North Carolina supplemented its 
June 5, 2017, submittal to acknowledge that Sections .1413 and .1414 
are not in the SIP.
    In a notice of proposed rulemaking (NPRM) published on November 5, 
2018, EPA proposed approval of the June 5, 2017, SIP submission, as 
supplemented June 28, 2018. See 83 FR 55335. Comments on the NPRM were 
due on or before November 26, 2018. EPA received supporting comments 
and adverse comments on the proposed rule. The Agency has summarized 
and responded to the potentially adverse comments below (the commenters 
are hereinafter collectively referred to as ``the Commenter'').

III. Response to Comment

    Comment 1: The Commenter states that the world has vastly changed 
since the enactment of the Clean Air Act and that the ``science used 
through the NC DAQ has changed along with it.'' The Commenter further 
states that the ``State Implementation Plan though the Clean Air Act 
has been untouched since 2001, and if this is the third of these 
attempts it is vital to comply with some of the requests. Climate 
change policy as matured in North Carolina, and this is another part of 
that development.''
    Response 1: It is unclear how the comment relates to the proposal 
or how the Commenter would like EPA to change the proposed rule. EPA 
has modified the North Carolina SIP numerous times since 2001 in 
response to SIP revisions submitted by the State and is taking action 
to further modify the SIP as described in the NPRM. See 40 CFR 
52.1770(c) and (e). Furthermore, the SIP revision at issue is focused 
on the control of NOX emissions and does not expressly 
address climate change.
    Comment 2: The Commenter notes that North Carolina replaced the 
phrase ``optimization of'' with ``utilization'' in the definition of 
``reasonable effort'' in Section .1401. According to the Commenter, 
``it seems as though North Carolina is trying to avoid an efficient use 
of the abatement technology,'' ``avoiding the Clean Air Act's goal,'' 
and ``not putting in maximum effort to abate NOX.''
    Response 2: The criterion for EPA approval in this instance is 
whether, under CAA section 110(l), the SIP revision would interfere 
with any applicable requirement concerning attainment and reasonable 
further progress or any other applicable CAA requirement. As discussed 
in the NPRM, EPA does not believe that approval would violate section 
110(l) given the limited applicability of the provision, the continued 
requirement to follow manufacturers' recommendations or other similar 
guidance, the fact that it was state effective in 2002, and the lack of 
nonattainment areas in the State for any criteria pollutant.
    Comment 3: Regarding Section .1413--Sources Not Otherwise Listed in 
This Section, the Commenter states that it is important to specify RACT 
in the SIP ``as it shows the EPA is requiring all sources of 
NOX combustion to specify their usage of RACT.'' The 
Commenter states that the rule ``could go a step further and the EPA 
could mandate Best Available Control Technology [BACT]. This makes it 
seem like North Carolina is trying to slide around the rule and not 
implement the best-case scenario in terms of abatement.''
    Response 3: EPA agrees that it should incorporate Section .1413 
into the SIP as a strengthening measure. As a point of clarification, 
the rule does not require

[[Page 66135]]

``all sources of NOX combustion to specify their usage of 
RACT.'' The rule requires certain sources of NOX--other than 
boilers, indirect-fired process heaters, stationary combustion 
turbines, and stationary internal combustion engines--at facilities 
with a potential to emit of 100 tons per year or more of NOX 
or 560 pounds per calendar day or more from May 1 through September 30 
to apply RACT.
    Regarding the comments concerning BACT, EPA cannot mandate the use 
of this control technology under this circumstance. BACT is a CAA 
requirement for major new or modified stationary sources subject to the 
Prevention of Significant Deterioration (PSD) program under Title I, 
Part C of the Act. North Carolina did not submit Section .1413 to EPA 
to satisfy the State's PSD obligations under the CAA, and EPA has 
already approved North Carolina's PSD program at 15A NCAC 02D .0530, 
including its BACT provisions, as meeting CAA requirements and 
incorporated the program into the SIP. See, e.g., 47 FR 7836 (February 
23, 1982).
    Comment 4: Regarding Section .1403--Compliance Schedules, the 
Commenter notes that EPA is not acting on this rule because it already 
approved a previous submission. The Commenter then states that EPA 
``should look into this rule further, as the last effective revision 
for this rule was in 2002. Schedules change, and this could be another 
example of the EPA not being strict enough in implementing the Clean 
Air Act's statutes on North Carolina.''
    Response 4: It is unclear how the Commenter would like EPA to 
change the proposed rule, and EPA does not agree that the last 
effective revision for Section .1403 was in 2002. North Carolina last 
modified Section .1403 on July 1, 2007, and EPA approved that version 
of the rule into the SIP on May 9, 2013. See 78 FR 27065. Because the 
2007 version of the rule (approved by EPA in 2013) superseded the July 
15, 2002, version contained in the June 5, 2017, SIP revision, EPA is 
not taking action on the portion of the submittal regarding Section 
.1403.
    Comment 5: The Commenter states that the SIP revisions ``do a good 
job in creating a better understanding of North Carolina's abatement 
efforts, however the EPA could revisit rules of the previous 
submissions. They have chosen to not take action on several rules, but 
these rules .1403, .1406 and .1423 could better strengthen the SIP if 
they were updated and better evaluated.''
    Response 5: It is unclear how the Commenter would like EPA to 
change the proposed rule or how Sections .1403, .1406, and .1423 could 
strengthen the SIP ``if they were updated and better evaluated.'' As 
discussed in Response 4, EPA has already incorporated the most recent 
state-effective version of Section .1403 into the SIP. EPA is not 
acting on Section .1406--Utility Boilers (Repealed) because the rule 
contains no regulatory text and because EPA never incorporated Section 
.1406 into the SIP. EPA is not acting on Section .1423 at this time. 
Any future action on that rule will occur in a separate rulemaking. To 
the extent that the Commenter wants EPA to revisit rules of previous 
SIP submissions, EPA notes that this action is limited to the June 5, 
2017 SIP revision and that previous SIP submissions on these rules are 
no longer before the Agency for review.

IV. Incorporation by Reference

    In this document, 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 North Carolina 
regulations under Subchapter 2D Air Pollution Control Requirements, 
Section .1401--``Definitions,'' modified to clarify which definitions 
outside of the rule apply to Section .1400, including definitions from 
the CFR, add a definition for ``combustion turbine,'' modify the 
definition of ``reasonable effort,'' ``emergency generator,'' 
``emergency use internal combustion engines,'' ``fossil fuel fired,'' 
``ozone season,'' ``seasonal energy input'' and ``seasonal energy 
output,'' and renumber the paragraphs within the rule, state effective 
on July 15, 2002; Section .1413--``Sources Not Otherwise Listed in This 
Section,'' which includes rules for NOX sources not 
otherwise listed in section .1400, state effective on July 18, 2002; 
and Section .1414--``Tune-Up Requirements,'' which includes tune-up 
requirements for certain boilers, indirect-fired process heaters and 
stationary internal combustion engines, state effective on July 18, 
2002. 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 State implementation plan, 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.\4\
---------------------------------------------------------------------------

    \4\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the 
aforementioned changes to the North Carolina SIP.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as

[[Page 66136]]

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 February 25, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 6, 2018.
Mary S. Walker,
Acting 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. In Sec.  52.1770, the table in paragraph (c)(1) is amended by:
0
a. Revising the entry ``Section .1401''.
0
b. Adding the entries ``Section .1413'' and ``Section .1414'' in 
numerical order.
    The additions and revision read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA-Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
        State citation               Title/subject       effective     EPA approval date         Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Section .1400 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section .1401.................  Definitions...........    7/15/2002  12/26/2018, [insert    ....................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section .1413.................  Sources Not Otherwise     7/18/2002  12/26/2018, [insert    ....................
                                 Listed in This                       Federal Register
                                 Section.                             citation].
Section .1414.................  Tune-Up Requirements..    7/18/2002  12/26/2018, [insert    ....................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-27747 Filed 12-21-18; 8:45 am]
 BILLING CODE 6560-50-P