Air Plan Approval; North Carolina; Miscellaneous Permit Provisions Revisions, 23272-23274 [2020-08500]

Download as PDF 23272 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules The requirements for continuation awards are set forth in 34 CFR 75.253. Regulatory Flexibility Act Certification The Secretary certifies that the proposed waiver and extension of the project period would not have a significant economic impact on a substantial number of small entities. The only entity that would be affected by the proposed waiver and extension of the project period is the current grantee and any other potential applicant. The Secretary certifies that the proposed waiver and extension would not have a significant economic impact on these entities because the extension of an existing project period imposes minimal compliance costs, and the activities required to support the additional year of funding would not impose additional regulatory burdens or require unnecessary Federal supervision. lotter on DSKBCFDHB2PROD with PROPOSALS Paperwork Reduction Act of 1995 This notice of proposed waiver and extension of the project period does not contain any information collection requirements. Intergovernmental Review This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search VerDate Sep<11>2014 16:59 Apr 24, 2020 Jkt 250001 feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Mark Schultz, Commissioner, Rehabilitation Services Administration, Delegated the authority to perform the functions and duties of the Assistant Secretary for the Office of Special Education and Rehabilitative Services. [FR Doc. 2020–08172 Filed 4–22–20; 4:15 pm] BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2019–0638; FRL–10008– 00–Region 4] Air Plan Approval; North Carolina; Miscellaneous Permit Provisions Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), with letters dated September 18, 2009, September 16, 2016, and July 10, 2019. These SIP revisions amend several of North Carolina’s rules regarding construction and operating permits. This action is being proposed pursuant to the Clean Air Act (CAA or Act). DATES: Comments must be received on or before May 27, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2019–0638 at www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or SUMMARY: PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit www2.epa.gov/dockets/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Evan Adams, 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– 9009. Mr. Adams can also be reached via electronic mail at adams.evan@ epa.gov. SUPPLEMENTARY INFORMATION: I. What action is EPA proposing? North Carolina has a SIP-approved combined construction and operating permit program for minor sources, and the program’s regulations include requirements for obtaining preconstruction and operating permits for different types of minor sources. The program covers ‘‘true minor’’ sources, which have the potential to emit (PTE) certain pollutants below major source thresholds for new sources and modifications. The SIP-approved minor source permitting program also includes provisions for issuing permits that establish federally enforceable emission limits to restrict the PTE of certain pollutants below major source and major modification applicability thresholds, referred to as ‘‘synthetic minor’’ sources in the North Carolina SIP. These program rules also specify exemptions from the requirement to obtain construction and operating permits. North Carolina’s September 18, 2009,1 2 submittal revises rule 15A North Carolina Administrative Code (NCAC) 02Q .0304, Applications, to make clarifying and ministerial edits. The September 16, 2016,3 4 submittal revises 15A NCAC 02D .0101, Definitions, and 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, Definitions; and .0104, Where to Obtain and File Permit Applications, to make 1 EPA received the submittal on September 22, 2009. 2 EPA received a supplemental submittal of corrected redline/strikeout changes for 02Q Section .0304 on June 7, 2019. See the docket for this action. 3 EPA received the submittal on October 4, 2016. 4 EPA notes Section 02Q .0203,—‘‘Permit and Application Fees’’ was submitted as well. However, this Section is not approved into the SIP, and is not appropriate for the SIP. EPA will therefore not take action on this Section. E:\FR\FM\27APP1.SGM 27APP1 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules clarifying and administrative updates.5 Finally, the July 10, 2019, submittal readopts, and makes clarifying and ministerial edits to, the following: 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, Definitions; .0104, Where to Obtain and File Permit Applications; .0105, Copies of Referenced Documents; .0106, Incorporation by Reference; .0107, Confidential Information; .0108, Delegation of Authority; .0109, Compliance Schedule for Previously Exempted Activities; .0110, Retention of Permit at Permitted Facility; and .0111, Applicability Determinations.6 These changes are discussed in detail in Section II of this notice. EPA has reviewed the proposed changes to the minor source construction and operating permitting regulations and preliminarily finds them to be consistent with CAA sections 110(a)(2)(C) and 110(l) and EPA’s minor NSR regulations found at 40 CFR 51.160—164. II. Analysis of North Carolina’s Submittals A. September 18, 2009, Submittal 7 The September 18, 2009, submittal makes changes to Rule 15A NCAC 02Q .0304, Applications, to make clarifying and ministerial updates to the required elements of applications for obtaining, modifying, or renewing a permit. Specifically, redundant language is removed and minor edits are made to clarify applicable provisions. Accordingly, EPA is proposing to approve these changes as minor clarifying amendments. B. September 16, 2016, Submittal The September 16, 2016, submittal makes several rule changes. First, Subchapter 02D is revised at 15A NCAC 02D .0101, Definitions, to make ministerial edits throughout the rule, including changes to punctuation, numbering, and other minor language edits. Next, the submittal adds a definition for ‘‘transportation facility,’’ which notes that such a facility is a lotter on DSKBCFDHB2PROD with PROPOSALS 5 North Carolina’s September 16, 2016, submittal also removes Rule 02D Section .800, Complex Sources, and Rule 02Q Section .0600, Transportation Facilities Procedures. EPA previously approved this portion of the submittal on May 12, 2017 (82 FR 22086). 6 EPA is only proposing action on these portions of North Carolina’s July 10, 2019 submittal. EPA will act on other portions of that submittal in a separate action. 7 At this time, EPA is not acting on changes to 02Q Section .0902 as submitted on September 18, 2009, and supplemented with a June 7, 2019, letter transmitting corrected redline/strikeout changes. EPA will take action on this portion of the submittal at a later date. VerDate Sep<11>2014 16:59 Apr 24, 2020 Jkt 250001 ‘‘complex source,’’ as defined by General Statutes, Article 21, Water and Air Resources, § 143–213, Definitions at 213(22). North Carolina’s SIP includes an identical definition in 02Q .0103, Definitions. EPA is preliminarily concluding that the inclusion of this definition in 02D .0101 is consistent with applicable CAA requirements. Next, 02Q .0101, Required Air Quality Permits, is changed to include ministerial edits at paragraph (a), including changes to punctuation and other minor language edits. Additionally, paragraph (b) is changed to remove ‘‘Transportation Facility Construction Permits’’ as a listed type of required permit. This type of permit was previously included in the North Carolina SIP under 02D Section .0800 and 02Q Section .0600, but those Sections have since been removed from the SIP. See 82 FR 22086 (May 12, 2017). As a result, EPA is proposing approval of this change to 02Q .0101. Finally, 02Q .0103, Definitions; and .0104, Where to Obtain and File Permit Applications, are revised to include ministerial edits throughout (e.g., changes to punctuation and other minor language edits) and to remove or revise language that previously crossreferenced 02D Section .0800 and 02Q Section .0600. As described above, these changes are necessary to accurately reflect the current SIP requirements given the removal of 02D .0800 and 02Q .0600. EPA is proposing to approve these changes as minor clarifying amendments. C. July 10, 2019, Submittal North Carolina’s July 10, 2019, submittal makes several rule changes. First, the revision makes nonsubstantive and ministerial edits to the following: 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, Definitions; .0104, Where to Obtain and File Permit Applications; .0107, Confidential Information; .0108, Delegation of Authority; .0109, Compliance Schedule for Previously Exempted Activities; .0110, Retention of Permit at Permitted Facility; and .0111, Applicability Determinations. For example, the proposed edits include changes to punctuation, numbering, and other minor language edits. In 15A NCAC 02Q .0105, Copies of Referenced Documents, DAQ updated the agency name and the addresses of offices for which reference documents can be located. Additionally, the changes to 15A NCAC 02Q .0106, Incorporation by Reference, replace the address where a copy of the CFR can be purchased to a link to the Government Printing Office where a digital copy of PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 23273 the CFR can be obtained for free. These ministerial updates will better serve the regulated community and the public. EPA views these changes in the July submittal as either non-substantive or otherwise necessary to clarify applicability. Therefore, EPA proposes to find that the changes will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the Act, consistent with CAA section 110(l). III. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference 15A NCAC 02D .0101, Definitions, state effective January 1, 2015; 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, Definitions; .0104, Where to Obtain and File Permit Applications; .0105, Copies of Referenced Documents; .0106, Incorporation by Reference; .0107, Confidential Information; .0108, Delegation of Authority; .0109, Compliance Schedule for Previously Exempted Facilities; .0110, Retention of Permit at Permitted Facility; and .0111, Applicability Determinations, state effective April 1, 2018; and 15A NCAC 02Q .0304, Applications, state effective September 1, 2010. These changes are either non-substantive or otherwise necessary to clarify applicability. 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). IV. Proposed Action EPA is proposing to approve the changes described above to North Carolina’s SIP submitted on September 18, 2009, September 16, 2016, and July 10, 2019. 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 the CAA. This action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those E:\FR\FM\27APP1.SGM 27APP1 lotter on DSKBCFDHB2PROD with PROPOSALS 23274 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules imposed by state law. For that reason, this proposed 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. VerDate Sep<11>2014 16:59 Apr 24, 2020 Jkt 250001 Authority: 42 U.S.C. 7401 et seq. Mary Walker, Regional Administrator, Region 4. [FR Doc. 2020–08500 Filed 4–24–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2019–0557; FRL–10008– 33–Region 5] Air Plan Approval; Wisconsin; Redesignation of the Inland Sheboygan, WI Area to Attainment of the 2008 Ozone Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to find that the Inland Sheboygan County, Wisconsin area is attaining the 2008 primary and secondary ozone National Ambient Air Quality Standards (NAAQS), and to act in accordance with a request from the Wisconsin Department of Natural Resources (WDNR) to redesignate the area to attainment for the 2008 ozone NAAQS because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). WDNR submitted this request on October 9, 2019. EPA is proposing to approve, as a revision to the Wisconsin State Implementation Plan (SIP), the State’s plan for maintaining the 2008 ozone NAAQS through 2030 in the Inland Sheboygan area. EPA finds adequate and is proposing to approve Wisconsin’s 2020 and 2030 volatile organic compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for the Inland Sheboygan area. Finally, EPA is proposing to approve the Wisconsin SIP as meeting the applicable base year inventory requirement, emission statement requirements, VOC Reasonably Available Control Technology (RACT) requirements, motor vehicle inspection and maintenance (I/M) program requirements, and NOX RACT requirements. DATES: Comments must be received on or before May 27, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2019–0557 at https:// www.regulations.gov, or via email to aburano.douglas@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for SUMMARY: PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–4489, svingen.eric@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What is EPA proposing? II. What is the background for these actions? III. What are the criteria for redesignation? IV. What is EPA’s analysis of Wisconsin’s redesignation request for the 2008 ozone NAAQS? V. Has the state adopted approvable motor vehicle emission budgets? VI. Base year emissions inventory. VII. Emissions statement. VIII. Motor vehicle I/M. IX. VOC RACT. X. NOX RACT. XI. What is EPA’s analysis of Wisconsin’s redesignation request for the 1997 ozone NAAQS? XII. What Action is EPA Taking? XIII. Statutory and Executive Order Reviews. I. What is EPA proposing? EPA is proposing to take several related actions. EPA is proposing to determine that the Inland Sheboygan nonattainment area is attaining the 2008 ozone NAAQS, based on quality-assured and certified monitoring data for 2017– 2019, and that the Inland Sheboygan area has met the requirements for E:\FR\FM\27APP1.SGM 27APP1

Agencies

[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Proposed Rules]
[Pages 23272-23274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08500]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0638; FRL-10008-00-Region 4]


Air Plan Approval; North Carolina; Miscellaneous Permit 
Provisions Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of North Carolina, through the North Carolina Department of 
Environmental Quality, Division of Air Quality (DAQ), with letters 
dated September 18, 2009, September 16, 2016, and July 10, 2019. These 
SIP revisions amend several of North Carolina's rules regarding 
construction and operating permits. This action is being proposed 
pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before May 27, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0638 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Evan Adams, 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) 
562-9009. Mr. Adams can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing?

    North Carolina has a SIP-approved combined construction and 
operating permit program for minor sources, and the program's 
regulations include requirements for obtaining preconstruction and 
operating permits for different types of minor sources. The program 
covers ``true minor'' sources, which have the potential to emit (PTE) 
certain pollutants below major source thresholds for new sources and 
modifications. The SIP-approved minor source permitting program also 
includes provisions for issuing permits that establish federally 
enforceable emission limits to restrict the PTE of certain pollutants 
below major source and major modification applicability thresholds, 
referred to as ``synthetic minor'' sources in the North Carolina SIP. 
These program rules also specify exemptions from the requirement to 
obtain construction and operating permits.
    North Carolina's September 18, 2009,1 2 submittal 
revises rule 15A North Carolina Administrative Code (NCAC) 02Q .0304, 
Applications, to make clarifying and ministerial edits. The September 
16, 2016,3 4 submittal revises 15A NCAC 02D .0101, 
Definitions, and 15A NCAC 02Q .0101, Required Air Quality Permits; 
.0103, Definitions; and .0104, Where to Obtain and File Permit 
Applications, to make

[[Page 23273]]

clarifying and administrative updates.\5\ Finally, the July 10, 2019, 
submittal readopts, and makes clarifying and ministerial edits to, the 
following: 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, 
Definitions; .0104, Where to Obtain and File Permit Applications; 
.0105, Copies of Referenced Documents; .0106, Incorporation by 
Reference; .0107, Confidential Information; .0108, Delegation of 
Authority; .0109, Compliance Schedule for Previously Exempted 
Activities; .0110, Retention of Permit at Permitted Facility; and 
.0111, Applicability Determinations.\6\ These changes are discussed in 
detail in Section II of this notice.
---------------------------------------------------------------------------

    \1\ EPA received the submittal on September 22, 2009.
    \2\ EPA received a supplemental submittal of corrected redline/
strikeout changes for 02Q Section .0304 on June 7, 2019. See the 
docket for this action.
    \3\ EPA received the submittal on October 4, 2016.
    \4\ EPA notes Section 02Q .0203,--``Permit and Application 
Fees'' was submitted as well. However, this Section is not approved 
into the SIP, and is not appropriate for the SIP. EPA will therefore 
not take action on this Section.
    \5\ North Carolina's September 16, 2016, submittal also removes 
Rule 02D Section .800, Complex Sources, and Rule 02Q Section .0600, 
Transportation Facilities Procedures. EPA previously approved this 
portion of the submittal on May 12, 2017 (82 FR 22086).
    \6\ EPA is only proposing action on these portions of North 
Carolina's July 10, 2019 submittal. EPA will act on other portions 
of that submittal in a separate action.
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    EPA has reviewed the proposed changes to the minor source 
construction and operating permitting regulations and preliminarily 
finds them to be consistent with CAA sections 110(a)(2)(C) and 110(l) 
and EPA's minor NSR regulations found at 40 CFR 51.160--164.

II. Analysis of North Carolina's Submittals

A. September 18, 2009, Submittal 7
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    \7\ At this time, EPA is not acting on changes to 02Q Section 
.0902 as submitted on September 18, 2009, and supplemented with a 
June 7, 2019, letter transmitting corrected redline/strikeout 
changes. EPA will take action on this portion of the submittal at a 
later date.
---------------------------------------------------------------------------

    The September 18, 2009, submittal makes changes to Rule 15A NCAC 
02Q .0304, Applications, to make clarifying and ministerial updates to 
the required elements of applications for obtaining, modifying, or 
renewing a permit. Specifically, redundant language is removed and 
minor edits are made to clarify applicable provisions. Accordingly, EPA 
is proposing to approve these changes as minor clarifying amendments.

B. September 16, 2016, Submittal

    The September 16, 2016, submittal makes several rule changes. 
First, Subchapter 02D is revised at 15A NCAC 02D .0101, Definitions, to 
make ministerial edits throughout the rule, including changes to 
punctuation, numbering, and other minor language edits. Next, the 
submittal adds a definition for ``transportation facility,'' which 
notes that such a facility is a ``complex source,'' as defined by 
General Statutes, Article 21, Water and Air Resources, Sec.  143-213, 
Definitions at 213(22). North Carolina's SIP includes an identical 
definition in 02Q .0103, Definitions. EPA is preliminarily concluding 
that the inclusion of this definition in 02D .0101 is consistent with 
applicable CAA requirements.
    Next, 02Q .0101, Required Air Quality Permits, is changed to 
include ministerial edits at paragraph (a), including changes to 
punctuation and other minor language edits. Additionally, paragraph (b) 
is changed to remove ``Transportation Facility Construction Permits'' 
as a listed type of required permit. This type of permit was previously 
included in the North Carolina SIP under 02D Section .0800 and 02Q 
Section .0600, but those Sections have since been removed from the SIP. 
See 82 FR 22086 (May 12, 2017). As a result, EPA is proposing approval 
of this change to 02Q .0101.
    Finally, 02Q .0103, Definitions; and .0104, Where to Obtain and 
File Permit Applications, are revised to include ministerial edits 
throughout (e.g., changes to punctuation and other minor language 
edits) and to remove or revise language that previously cross-
referenced 02D Section .0800 and 02Q Section .0600. As described above, 
these changes are necessary to accurately reflect the current SIP 
requirements given the removal of 02D .0800 and 02Q .0600. EPA is 
proposing to approve these changes as minor clarifying amendments.

C. July 10, 2019, Submittal

    North Carolina's July 10, 2019, submittal makes several rule 
changes. First, the revision makes non-substantive and ministerial 
edits to the following: 15A NCAC 02Q .0101, Required Air Quality 
Permits; .0103, Definitions; .0104, Where to Obtain and File Permit 
Applications; .0107, Confidential Information; .0108, Delegation of 
Authority; .0109, Compliance Schedule for Previously Exempted 
Activities; .0110, Retention of Permit at Permitted Facility; and 
.0111, Applicability Determinations. For example, the proposed edits 
include changes to punctuation, numbering, and other minor language 
edits.
    In 15A NCAC 02Q .0105, Copies of Referenced Documents, DAQ updated 
the agency name and the addresses of offices for which reference 
documents can be located. Additionally, the changes to 15A NCAC 02Q 
.0106, Incorporation by Reference, replace the address where a copy of 
the CFR can be purchased to a link to the Government Printing Office 
where a digital copy of the CFR can be obtained for free. These 
ministerial updates will better serve the regulated community and the 
public.
    EPA views these changes in the July submittal as either non-
substantive or otherwise necessary to clarify applicability. Therefore, 
EPA proposes to find that the changes will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the Act, consistent 
with CAA section 110(l).

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference 15A NCAC 02D .0101, Definitions, state effective January 1, 
2015; 15A NCAC 02Q .0101, Required Air Quality Permits; .0103, 
Definitions; .0104, Where to Obtain and File Permit Applications; 
.0105, Copies of Referenced Documents; .0106, Incorporation by 
Reference; .0107, Confidential Information; .0108, Delegation of 
Authority; .0109, Compliance Schedule for Previously Exempted 
Facilities; .0110, Retention of Permit at Permitted Facility; and 
.0111, Applicability Determinations, state effective April 1, 2018; and 
15A NCAC 02Q .0304, Applications, state effective September 1, 2010. 
These changes are either non-substantive or otherwise necessary to 
clarify applicability. 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).

IV. Proposed Action

    EPA is proposing to approve the changes described above to North 
Carolina's SIP submitted on September 18, 2009, September 16, 2016, and 
July 10, 2019.

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 the CAA. This action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those

[[Page 23274]]

imposed by state law. For that reason, this proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

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

Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-08500 Filed 4-24-20; 8:45 am]
 BILLING CODE 6560-50-P
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