Air Plan Approval; NC; Emission Control Standards, Open Burning, and Miscellaneous Revisions, 33850-33853 [2019-14879]
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Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Rules and Regulations
subject to live firing exercises and
navigation restrictions, and allows any
vessel that needs to transit the danger
zone to expeditiously transit through
the danger zone when the small arms
range is in use. When the small arms
range is not in use, the danger zone will
be open to normal maritime traffic and
to all activities, include anchoring and
loitering. In addition, danger zone is
necessary to protect public from hazards
associated with training and mission
operations. Small entities can also
utilize navigable waters outside of the
danger zone when the small arms range
is in use. The Corps has determined that
the modified danger zone will have
practically no economic impact on the
public, including any anticipated
navigational hazard or interference with
existing waterway traffic. After
considering the economic impacts of
this amendment of the existing danger
zone regulation on small entities, I
certify that this action will not have a
significant impact on a substantial
number of small entities.
c. Review Under the National
Environmental Policy Act
Due to the administrative nature of
this action and because there is no
intended change in the use of the area,
the Corps expects that this regulation, if
adopted, will not have a significant
impact to the quality of the human
environment and, therefore, preparation
of an environmental impact statement
will not be required. An environmental
assessment has been prepared. It may be
reviewed at the District office listed at
the end of the FOR FURTHER INFORMATION
CONTACT section, above.
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d. Unfunded Mandates Act
This rule does not impose an
enforceable duty among the private
sector and, therefore, it is not a Federal
private sector mandate and it is not
subject to the requirements of either
Section 202 or Section 205 of the
Unfunded Mandates Act. I have also
found under Section 203 of the Act, that
small governments will not be
significantly and uniquely affected by
this rulemaking.
e. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., 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. We will submit a
report containing the final rule and
other required information to the U.S.
Senate, the U.S. House of
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Representatives, and the Comptroller
General of the United States. A major
rule cannot take effect until 60 days
after it is published in the Federal
Register. This final rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety,
Navigation (water), Restricted areas,
Waterways.
For the reasons set out in the
preamble, the Corps amends 33 CFR
part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for 33 CFR
part 334 continues to read as follows:
■
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
■
2. Revise § 334.390 to read as follows:
§ 334.390 Atlantic Ocean south of entrance
to Chesapeake Bay; firing range.
(a) The danger zone. (1) A section
extending seaward for a distance of
12,000 yards between two radial lines
bearing 030° True and 083° True,
respectively, from a point on shore at
latitude 36°46′48″ N, longitude
75°57′24″ W; and an adjacent sector
extending seaward for a distance of 15
nautical miles between two radial lines
bearing 083° True and 150° True,
respectively, from the same shore
position. The datum for these
coordinates is WGS–1984.
(b) The regulation. (1) To
accommodate ingress and egress within
the southern approach to the
Chesapeake Bay Federal navigation
channels, no live fire exercise will take
place within the area northeast of, and
defined by a line intersecting points
latitude 36°47′59″ N, longitude
75°46′05″ W and latitude 36°44′25″ N,
longitude 75°38′57″ W, and this area is
open to unrestricted surface navigation.
(2) Within the remainder of the
danger zone vessels shall proceed
through the area with caution and shall
remain therein no longer than necessary
for the purpose of transit.
(3) When firing is in progress during
daylight hours, red flags will be
displayed at conspicuous locations on
the beach. When firing is in progress
during periods of darkness, red flashing
lights will be displayed from
conspicuous locations on the beach
which are visible from the water a
minimum distance of four (4) nautical
miles.
(4) Firing on the ranges will be
suspended as long as any vessel is
within the danger zone.
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(5) Lookout posts will be manned by
the activity or agency operating the
firing range at the Naval Air Station
Oceana, Dam Neck Annex, in Virginia
Beach, Virginia. After darkness, night
vision systems will be utilized by
lookouts to aid in locating vessels
transiting the area.
(6) There shall be no firing on the
range during periods of low visibility
which would prevent the recognition of
a vessel (to a distance of 7,500 yards)
which is properly displaying navigation
lights, or which would preclude a vessel
from observing the red range flags or
lights.
(7) Throughout the entire danger zone
anchoring, dredging, trawling and any
bottom disturbing activities should be
conducted with caution due to the
potential of unexploded ordnance
(UXO) and other munitions and
explosives of concern (MEC) on the
bottom.
(c) Enforcement. The regulation in
this section shall be enforced by the
Commander, Naval Air Force Atlantic,
U.S. Fleet Forces Command, Norfolk,
Virginia, and such agencies as he or she
may designate.
Dated: July 11, 2019.
Thomas P. Smith, P.E.,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
[FR Doc. 2019–15086 Filed 7–15–19; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0422; FRL–9996–43–
Region 4]
Air Plan Approval; NC; Emission
Control Standards, Open Burning, and
Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of a revision to the
North Carolina State Implementation
Plan (SIP) submitted by the State of
North Carolina through the North
Carolina Department of Environmental
Quality (formerly the North Carolina
Department of Environment and Natural
Resources (NCDENR)), Division of Air
Quality, on January 31, 2008. The
revision includes changes to emission
control standards and open burning
regulations. The changes are part of
North Carolina’s strategy to meet and
SUMMARY:
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maintain the national ambient air
quality standards (NAAQS). This action
is being taken pursuant to the Clean Air
Act (CAA or Act) and its implementing
regulations.
DATES: This rule is effective August 15,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0422. 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
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division
(formerly the 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:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8966. Mr. Febres can also be reached via
electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 31, 2008, the State of
North Carolina, through NCDENR,1
submitted changes to the North Carolina
SIP for EPA approval. EPA is taking
final action to approve changes to the
following regulations under 15A North
Carolina Administrative Code (NCAC)
02D: Section .0519, Control of Nitrogen
Dioxide and Nitrogen Oxides Emissions;
Section .0540, Particulates From
Fugitive Non-Process Dust Emission
Sources; and Section .1907, Multiple
1 NCDENR is now the North Carolina Department
of Environmental Quality.
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Violations Arising From a Single
Episode.2 These changes are a part of
North Carolina’s strategy to attain and
maintain the NAAQS and are being
approved pursuant to section 110 of the
CAA. EPA has taken, will take, or, for
various reasons, will not take separate
action on all other changes submitted on
January 31, 2008.3
The revisions that are the subject of
this final action make changes to
emission control standard regulations
under Subchapter 2D of the North
Carolina SIP. These changes revise the
applicability of nitrogen dioxide (NO2)
and nitrogen oxides emissions standards
to nitric acid plants; amend definitions
and expand the applicability of
provisions related to fugitive dust
emissions, including renaming the rule
to eliminate the word ‘‘non-process’’;
and add a new open burning rule for
multiple violations that can occur from
a single open burning event. The
changes either do not interfere with
attainment and maintenance of the
NAAQS or they have the effect of
strengthening the North Carolina SIP. In
a notice of proposed rulemaking
(NPRM) published on March 11, 2019
(84 FR 8654), EPA proposed to approve
the aforementioned revisions to the
North Carolina SIP. The NPRM provides
additional detail regarding the
background and rationale for EPA’s
action. Comments on the NPRM were
due on or before April 10, 2019. EPA
received one comment on the proposed
action, but it is not germane to the
proposed action. That comment is
discussed below.
II. Response to Comments
EPA received one comment, which
addresses portions of North Carolina’s
submittal on which EPA is not acting in
this rulemaking. The comment concerns
changes to 15A NCAC 02D .0521 and
.1201, as well as the adoption of 15A
2 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.’’
3 On February 5, 2015 (80 FR 6455), EPA took
final action on 2D Section .1004. On July 18, 2017
(82 FR 32767), EPA took direct final action on 2D
Sections .1901, .1902 and .1903. EPA will be taking
separate action on 15A NCAC Sections 2D .1904
and 2Q .0102. EPA is not taking action on 2D
Sections .0516 and .0521, because the changes to
these rules reference incinerator rules under CAA
sections 111(d) and 129 and 40 CFR part 60 and are
not a part of the federally-approved SIP. EPA is not
taking action on changes to 2Q Section .0506
because the proposed changes reference a
regulation not approved into the SIP and which is
being repealed by North Carolina. Lastly, EPA is not
taking action on changes to 2D Sections .0524,
.0960, .1201, .1202, .1208, .1211, and .2303 because
the State withdrew these regulations from its
January 31, 2008, submittal.
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33851
NCAC 02D .1211. As explained herein
and in the NPRM, see 84 FR at 8655 n.3,
those NCAC provisions are not the
subject of this rulemaking, and EPA is
not taking action on changes to them.
Therefore, the comment is not relevant
to this action.
III. 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 state regulations under
Subchapter 2D Air Pollution Control
Requirements, Section .0519, Control of
Nitrogen Dioxide and Nitrogen Oxides
Emissions; and Section .1907, Multiple
Violations Arising from a Single
Episode, which have a state effective
date of July 1, 2007; as well as Section
.0540, Particulates From Fugitive Dust
Emission Sources, which has as
effective date of August 1, 2007. 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.4
IV. Final Action
For the reasons described above, EPA
is taking final action to approve the
aforementioned changes to the North
Carolina SIP submitted by the State of
North Carolina on January 31, 2008,
pursuant to CAA section 110 because
these changes are consistent with the
CAA. Changes to the other sections in
these submissions have been or will be
processed in a separate action, as
appropriate, for approval into the North
Carolina SIP.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
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
4 See
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62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Rules and Regulations
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
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 September 16, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 2019.
Mary S. Walker,
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 under Subchapter 2D
Air Pollution Control Requirements by:
■ a. Revising the entries for ‘‘Section
.0519’’ and ‘‘Section .0540’’; and
■ b. Adding an entry for ‘‘Section
.1907’’ in numerical order.
The revisions and addition read as
follows:
■
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(1) EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
State
effective
date
Title/subject
Subchapter 2D
*
*
Explanation
Air Pollution Control Requirements
*
*
Section .0500
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EPA approval date
*
*
*
Emission Control Standards
*
Section .0519 .........
*
*
Control of Nitrogen Dioxide and Nitrogen Oxides Emissions.
*
7/1/2007
*
*
7/16/2019 [Insert citation of publication].
*
*
Section .0540 .........
*
*
Particulates from Fugitive Dust Emission Sources.
*
8/1/2007
*
*
7/16/2019 [Insert citation of publication].
*
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(1) EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State citation
State
effective
date
Title/subject
*
*
*
*
Section .1900
*
Section .1907 .........
*
*
Multiple Violations Arising from a Single
Episode.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R09–OAR–2018–0366; FRL–9994–98–
Region 9]
Outer Continental Shelf Air
Regulations; Consistency Update for
California
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing the approval
of a local rule and the update of the
Outer Continental Shelf (OCS) Air
Regulations proposed in the Federal
Register on June 21, 2018. Requirements
applying to OCS sources located within
25 miles of states’ seaward boundaries
must be updated periodically to remain
consistent with the requirements of the
corresponding onshore area (COA), as
mandated by section 328(a)(1) of the
Clean Air Act (‘‘the Act’’). The portion
of the OCS air regulations that is being
updated pertains to the requirements for
OCS sources for which the Santa
Barbara County Air Pollution Control
District (‘‘Santa Barbara County APCD’’
or ‘‘the District’’) is the designated COA.
The intended effect of approving the
local rule and updating the OCS
requirements for the Santa Barbara
County APCD is to regulate emissions
from OCS sources in accordance with
the requirements onshore. The change
to the existing requirements discussed
in this document will be incorporated
by reference into the Code of Federal
Regulations and listed in the appendix
to the OCS air regulations.
DATES: This rule is effective on August
15, 2019. The incorporation by reference
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SUMMARY:
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*
*
*
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On June 21, 2018 (83 FR 28795), the
EPA proposed to approve Santa Barbara
County APCD Rule 360—Boilers, Water
Heaters, and Process Heaters (0.075–2
MMBtu/hr.) (Revised 03/15/18) into the
Santa Barbara County Air Pollution
Control District Requirements
Applicable to OCS Sources. The
requirements are incorporated into the
OCS Air Regulations at 40 CFR part 55.
As required under 40 CFR 55.1 and
55.12(d)(2), we evaluated Rule 360 to
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*
*
*
7/16/2019 [Insert citation of publication].
of a certain publication listed in this
rule is approved by the Director of the
Federal Register as of August 15, 2019.
ADDRESSES: The EPA has established
docket number EPA–R09–OAR–2018–
0366 for this action. 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 (CBI) 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Christine Vineyard, Air Division (Air-4),
U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
947–4125, vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to the EPA.
Organization of this document: The
following outline is provided to aid in
locating information in this preamble.
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*
Open Burning
*
7/1/2007
*
[FR Doc. 2019–14879 Filed 7–15–19; 8:45 am]
EPA approval date
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*
*
*
ensure that it is rationally related to the
attainment or maintenance of federal or
state ambient air quality standards or
part C of title I of the Act, that it is not
designed expressly to prevent
exploration and development of the
OCS and that it is applicable to OCS
sources. We also evaluated the rule to
ensure that it is not arbitrary or
capricious, as required under 40 CFR
55.12(e).
As explained in our proposal, section
328(a) of the Act requires that the EPA
establish requirements to control air
pollution from OCS sources located
within 25 miles of states’ seaward
boundaries that are the same as onshore
requirements. To comply with this
statutory mandate, the EPA must
incorporate applicable onshore rules
into part 55 as they exist onshore. This
limits the EPA’s flexibility in deciding
which requirements will be
incorporated into part 55 and prevents
the EPA from making substantive
changes to the requirements it
incorporates. As a result, the EPA may
be incorporating rules into part 55 that
do not conform to all of the EPA’s state
implementation plan (SIP) guidance
documents or certain requirements of
the Act. Consistency updates may result
in the inclusion of state or local rules or
regulations into part 55, even though the
same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the Act for SIP approval, nor does it
imply that the rule will be approved by
the EPA for inclusion in the SIP.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments
on the proposed action.
III. EPA Action
No comments were submitted.
Therefore, as authorized in section
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]]>Agencies
[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Rules and Regulations]
[Pages 33850-33853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14879]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0422; FRL-9996-43-Region 4]
Air Plan Approval; NC; Emission Control Standards, Open Burning,
and Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of a revision to the North Carolina State
Implementation Plan (SIP) submitted by the State of North Carolina
through the North Carolina Department of Environmental Quality
(formerly the North Carolina Department of Environment and Natural
Resources (NCDENR)), Division of Air Quality, on January 31, 2008. The
revision includes changes to emission control standards and open
burning regulations. The changes are part of North Carolina's strategy
to meet and
[[Page 33851]]
maintain the national ambient air quality standards (NAAQS). This
action is being taken pursuant to the Clean Air Act (CAA or Act) and
its implementing regulations.
DATES: This rule is effective August 15, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0422. 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
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division (formerly the 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: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 31, 2008, the State of North Carolina, through
NCDENR,\1\ submitted changes to the North Carolina SIP for EPA
approval. EPA is taking final action to approve changes to the
following regulations under 15A North Carolina Administrative Code
(NCAC) 02D: Section .0519, Control of Nitrogen Dioxide and Nitrogen
Oxides Emissions; Section .0540, Particulates From Fugitive Non-Process
Dust Emission Sources; and Section .1907, Multiple Violations Arising
From a Single Episode.\2\ These changes are a part of North Carolina's
strategy to attain and maintain the NAAQS and are being approved
pursuant to section 110 of the CAA. EPA has taken, will take, or, for
various reasons, will not take separate action on all other changes
submitted on January 31, 2008.\3\
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\1\ NCDENR is now the North Carolina Department of Environmental
Quality.
\2\ 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.''
\3\ On February 5, 2015 (80 FR 6455), EPA took final action on
2D Section .1004. On July 18, 2017 (82 FR 32767), EPA took direct
final action on 2D Sections .1901, .1902 and .1903. EPA will be
taking separate action on 15A NCAC Sections 2D .1904 and 2Q .0102.
EPA is not taking action on 2D Sections .0516 and .0521, because the
changes to these rules reference incinerator rules under CAA
sections 111(d) and 129 and 40 CFR part 60 and are not a part of the
federally-approved SIP. EPA is not taking action on changes to 2Q
Section .0506 because the proposed changes reference a regulation
not approved into the SIP and which is being repealed by North
Carolina. Lastly, EPA is not taking action on changes to 2D Sections
.0524, .0960, .1201, .1202, .1208, .1211, and .2303 because the
State withdrew these regulations from its January 31, 2008,
submittal.
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The revisions that are the subject of this final action make
changes to emission control standard regulations under Subchapter 2D of
the North Carolina SIP. These changes revise the applicability of
nitrogen dioxide (NO2) and nitrogen oxides emissions
standards to nitric acid plants; amend definitions and expand the
applicability of provisions related to fugitive dust emissions,
including renaming the rule to eliminate the word ``non-process''; and
add a new open burning rule for multiple violations that can occur from
a single open burning event. The changes either do not interfere with
attainment and maintenance of the NAAQS or they have the effect of
strengthening the North Carolina SIP. In a notice of proposed
rulemaking (NPRM) published on March 11, 2019 (84 FR 8654), EPA
proposed to approve the aforementioned revisions to the North Carolina
SIP. The NPRM provides additional detail regarding the background and
rationale for EPA's action. Comments on the NPRM were due on or before
April 10, 2019. EPA received one comment on the proposed action, but it
is not germane to the proposed action. That comment is discussed below.
II. Response to Comments
EPA received one comment, which addresses portions of North
Carolina's submittal on which EPA is not acting in this rulemaking. The
comment concerns changes to 15A NCAC 02D .0521 and .1201, as well as
the adoption of 15A NCAC 02D .1211. As explained herein and in the
NPRM, see 84 FR at 8655 n.3, those NCAC provisions are not the subject
of this rulemaking, and EPA is not taking action on changes to them.
Therefore, the comment is not relevant to this action.
III. 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 state
regulations under Subchapter 2D Air Pollution Control Requirements,
Section .0519, Control of Nitrogen Dioxide and Nitrogen Oxides
Emissions; and Section .1907, Multiple Violations Arising from a Single
Episode, which have a state effective date of July 1, 2007; as well as
Section .0540, Particulates From Fugitive Dust Emission Sources, which
has as effective date of August 1, 2007. 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.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
For the reasons described above, EPA is taking final action to
approve the aforementioned changes to the North Carolina SIP submitted
by the State of North Carolina on January 31, 2008, pursuant to CAA
section 110 because these changes are consistent with the CAA. Changes
to the other sections in these submissions have been or will be
processed in a separate action, as appropriate, for approval into the
North Carolina SIP.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 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
[[Page 33852]]
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 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 September 16, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 2019.
Mary S. Walker,
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 under
Subchapter 2D Air Pollution Control Requirements by:
0
a. Revising the entries for ``Section .0519'' and ``Section .0540'';
and
0
b. Adding an entry for ``Section .1907'' in numerical order.
The revisions and addition read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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Section .0500 Emission Control Standards
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* * * * * * *
Section .0519.............. Control of 7/1/2007 7/16/2019 [Insert
Nitrogen Dioxide citation of
and Nitrogen publication].
Oxides Emissions.
* * * * * * *
Section .0540.............. Particulates from 8/1/2007 7/16/2019 [Insert
Fugitive Dust citation of
Emission Sources. publication].
[[Page 33853]]
* * * * * * *
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Section .1900 Open Burning
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* * * * * * *
Section .1907.............. Multiple 7/1/2007 7/16/2019 [Insert
Violations citation of
Arising from a publication].
Single Episode.
* * * * * * *
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* * * * *
[FR Doc. 2019-14879 Filed 7-15-19; 8:45 am]
BILLING CODE 6560-50-P
