Air Plan Approval; NC: Revisions to Annual Emissions Reporting, 68026-68029 [2020-23660]

Download as PDF 68026 Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules SIPs. Additionally, this FIP relies on CSAPR as an alternative to EGU BART for NOX, which exceeds the emissions reductions relied upon by other states during consultation. Consistent with our previous action (detailed above) to disapprove Texas’ interstate visibility transport obligations for the following six NAAQS: (1) 1997 8-hour ozone; (2) 1997 PM2.5 (annual and 24 hour); (3) 2006 PM2.5 (24-hour); (4) 2008 8-hour ozone; (5) 2010 1-hour NO2; and (6) 2010 1-hour SO2, and finding that the FIP addresses these requirements, we continue to find that the existing FIP is adequate to ensure that emissions from Texas do not interfere with measures to protect visibility in nearby states with respect to the 2012 PM2.5 NAAQS and the 2015 Ozone NAAQS. Texas’ obligations under prong 4 are being addressed through the October 2017 BART FIP, as amended and affirmed in June 2020 for the first planning period. This ensures that emissions from sources within Texas are not interfering with measures required to be included in other air agencies’ plans to protect visibility. Under EPA’s 2013 guidance, this is sufficient to satisfy prong 4 requirements for the first planning period. See Guidance at 33. Thus, there are no additional practical consequences from this disapproval for the state, the sources within its jurisdiction, or the EPA. See Guidance at 34–35. EPA finds its prong 4 obligations for the 2012 PM2.5 and the 2015 ozone NAAQS are satisfied. IV. Proposed Action We are proposing to disapprove the interstate visibility transport elements of two SIP submissions from the State of Texas: One for the 2012 PM2.5 NAAQS and the other for 2015 Ozone NAAQS. We are simultaneously exercising our authority under section 110(c) of the Act, and we are proposing to find that the prong 4 requirements that were intended to be addressed by those infrastructure SIPs are met through the BART-alternative FIP already in place for the Texas Regional Haze program, and no further action is required. jbell on DSKJLSW7X2PROD with PROPOSALS V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget for review. VerDate Sep<11>2014 16:08 Oct 26, 2020 Jkt 253001 B. Paperwork Reduction Act (PRA) This proposed action does not impose an information collection burden under the PRA because it does not contain any information collection activities. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action merely proposes to disapprove a SIP submission as not meeting the CAA. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This action does not apply on any Indian reservation land, any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, or non-reservation areas of Indian country. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it merely proposes to disapprove a SIP submission as not meeting the CAA. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. This action merely proposes to disapprove a SIP submission as not meeting the CAA. List of Subjects in 40 CFR Part 52 Air pollution control, Environmental protection, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Visibility transport. Authority: 42 U.S.C. 7401 et seq. Dated: October 9, 2020. David Gray, Acting Regional Administrator, Region 6. [FR Doc. 2020–22846 Filed 10–26–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2019–0613; FRL–10015– 83–Region 4] Air Plan Approval; NC: Revisions to Annual Emissions Reporting Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), on July 10, 2019. The SIP revision seeks to modify the State’s annual emissions reporting regulation by removing the annual emissions reporting requirement for certain non-Title V facilities in geographic areas that have been redesignated to attainment for the 1979 1-hour ozone national ambient air quality standards (‘‘NAAQS’’ or ‘‘standards’’) and in the areas listed in the rule that have been redesignated to attainment for the 1997 8-hour ozone SUMMARY: E:\FR\FM\27OCP1.SGM 27OCP1 Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules NAAQS, with the exception of the geographic areas that have been redesignated to attainment for the 2008 8-hour ozone NAAQS. The SIP revision also makes minor changes that do not significantly alter the meaning of the regulation. EPA is proposing to approve this revision pursuant to the Clean Air Act (CAA or Act). DATES: Comments must be received on or before November 27, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2019–0613 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/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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– 9088. Ms. Bell can also be reached via electronic mail at bell.tiereny@epa.gov. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with PROPOSALS I. Background In 1979, EPA promulgated a NAAQS for ozone, setting the standard at 0.12 parts per million (ppm) averaged over a 1-hour time frame. See 44 FR 8202 (February 8, 1979). In 1997, EPA promulgated a revised NAAQS for ozone, setting the standard at 0.08 ppm averaged over an 8-hour time frame. See 62 FR 38856 (July 18, 1997).1 In 2008, EPA revised the level of the 8-hour 1 EPA has revoked the 1979 and 1997 ozone standards. See 69 FR 23951 (April 30, 2004) and 80 FR 12264 (March 6, 2015), respectively. VerDate Sep<11>2014 16:08 Oct 26, 2020 Jkt 253001 ozone standard to 0.075 ppm. See 73 FR 16436 (March 27, 2008). The promulgation of a new or revised NAAQS triggers a CAA requirement for EPA to designate as nonattainment any area that violates the NAAQS or contributes to a violation in a nearby area. On November 6, 1991, EPA published designations and classifications for the 1979 1-hour ozone NAAQS.2 See 56 FR 56694. EPA initially published designations and classifications for the revised 1997 8-hour and revised 2008 8hour ozone standards on April 30, 2004 (69 FR 23858) and May 21, 2012 (77 FR 30088), respectively. The geographic areas designated as nonattainment in North Carolina for the 1997 8-hour ozone standard included the CharlotteGastonia-Rock Hill, NC–SC Area (the North Carolina portion is hereinafter the ‘‘1997 Charlotte Area’’).3 The geographic areas designated as nonattainment in North Carolina for the 2008 ozone standard are part of an area known as the Charlotte-Rock Hill, NC–SC Area (the North Carolina portion is hereinafter the ‘‘2008 Charlotte Area’’).4 EPA redesignated North Carolina’s 1979 ozone nonattainment areas to attainment in a series of actions from 1993 to 1995,5 redesignated the 1997 Charlotte Area to attainment on 2 EPA designated the following geographic areas in North Carolina as nonattainment for the 1979 ozone standard: Davidson, Durham, Forsyth, Gaston, Guilford, Mecklenburg, and Wake Counties, the Dutchville Township in Granville County, and that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to the Yadkin River. 3 The geographic areas designated as nonattainment in North Carolina for the 1997 ozone standard included all geographic areas designated as nonattainment for the 1979 ozone standard as well as additional areas. The 1997 Charlotte Area consists of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson Township and Coddle Creek Township in Iredell County. 4 The 2008 Charlotte Area is a subset of the 1997 Charlotte Area and consists of Central Cabarrus Township, Concord Township, Georgeville Township, Harrisburg Township, Kannapolis Township, Midland Township, Mount Pleasant Township, New Gilead Township, Odell Township, Poplar Tent Township, and Rimertown Township in Cabarrus County; Crowders Mountain Township, Dallas Township, Gastonia Township, Riverbend Township, and South Point Township in Gaston County; Davidson Township and Coddle Creek Township in Iredell County; Catawba Springs Township, Ironton Township, and Lincolnton Township in Lincoln County; Atwell Township, China Grove Township, Franklin Township, Gold Hill Township, Litaker Township, Locke Township, Providence Township, Salisbury Township, Steele Township, and Unity Township in Rowan County; and Goose Creek Township, Marshville Township, Monroe Township, Sandy Ridge Township, and Vance Township in Union County. 5 See 58 FR 47391 (November 9, 1993), 59 FR 18300 (April 18, 1994), and 60 FR 34859 (July 5, 1995). PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 68027 December 2, 2013 (78 FR 72036), and redesignated the 2008 Charlotte Area to attainment on July 28, 2015 (80 FR 44873). North Carolina was required to develop nonattainment SIP revisions addressing the CAA requirements for its ozone nonattainment areas. Among other things, North Carolina was required to address the annual emissions reporting requirement in CAA section 182(a)(3)(B), which requires each state with an ozone nonattainment area to submit a SIP revision requiring stationary sources that emit 25 tons per year (tpy) or more of nitrogen oxides (NOX) or volatile organic compounds (VOC) within the nonattainment area to provide certified annual emissions statements to the state showing actual annual NOX and VOC emissions from the source. On August 1, 1997 (62 FR 41277), EPA approved the State’s annual emissions reporting requirement at 15A NCAC Subchapter 02Q Section .0207,6 Annual Emissions Reporting, into the North Carolina SIP for the geographic areas designated as nonattainment for the 1979 ozone NAAQS.7 On January 31, 2008, North Carolina submitted a SIP revision adding the 1997 Charlotte Area to its annual emissions reporting requirement as a result of EPA’s nonattainment designations for the 1997 8-hour ozone standard.8 On April 24, 2012 (77 FR 24382), EPA approved that SIP revision and added the 1997 Charlotte Area to the annual emissions reporting requirement in the North Carolina SIP to meet the requirements of CAA section 182(a)(3)(B). Paragraph (c) of Section .0207 lists the geographic areas in North Carolina where owners or operators of certain non-title V facilities with actual emissions of 25 tons per year or more of NOX or VOC are required to report by June 30th of each year the actual emissions of NOX and VOC during the previous year. Paragraph (d) identifies the date that the annual reporting requirement in paragraph (c) shall begin. 6 In the table of North Carolina regulations federally approved into the SIP at 40 CFR 52.1770(c), 15A NCAC Subchapter 02Q is referred to as ‘‘Subchapter 2Q Air Quality Permits.’’ 7 Section .0207 also contains an annual reporting requirement at paragraph (a) for owners and operators of title V facilities in the State. 8 The SIP revision added Cabarrus, Lincoln, Rowan, and Union Counties and Davidson Township and Coddle Creek Township in Iredell County to the emissions reporting requirement. E:\FR\FM\27OCP1.SGM 27OCP1 68028 Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS II. Analysis of North Carolina’s Submittal North Carolina’s July 10, 2019, SIP revision 9 updates Section .0207 in several ways. First, the SIP revision proposes to revise paragraph (c) by removing the annual emissions reporting requirement for certain nonTitle V facilities located in geographic areas that were previously designated nonattainment for the 1979 1-hour ozone standards and in the redesignated 1997 Charlotte Area, with the exception of the geographic areas that are in the redesignated 2008 Charlotte Area.10 The SIP revision retains the annual emissions reporting requirement for certain non-Title V facilities located in the geographic areas that comprise the redesignated 2008 Charlotte Area by listing those specific areas in paragraph (c). The SIP revision also makes changes to paragraph (d) by removing specific counties and townships and replacing them with a cross-reference to paragraph (c). Currently, 55 facilities are required under paragraph (c) to submit annual emissions statements to North Carolina DAQ by June 30th of each year. The proposed rule change would remove the reporting requirement for 43 of these 55 facilities, thus reducing administrative reporting requirements for the 43 affected facilities. These facilities are still required to comply with their operating permits. Section 110(l) of the CAA prevents EPA from approving a SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement. EPA proposes to determine that the changes described above are approvable because they would not interfere with attainment or maintenance of any NAAQS and because the geographic areas removed from the rule have been redesignated to attainment and are therefore no longer required to meet the emissions statement requirements in section 182(a)(3)(B) of the CAA. Second, North Carolina’s July 10, 2019, SIP revision makes changes to paragraph (d) of Section .0207 to update the calendar year that the emissions reporting requirement begins from 2007 to 2017 to coincide with the year during which North Carolina adopted the rule changes. EPA proposes to approve this 9 The State submitted the SIP revision following the readoption of several air regulations, including 15A NCAC Subchapter 02Q .0207, pursuant to North Carolina’s 10-year regulatory readoption process at North Carolina General Statute 150B– 21.3A. 10 As noted above, the 2008 Charlotte Area is a subset of the 1997 Charlotte Area. VerDate Sep<11>2014 16:08 Oct 26, 2020 Jkt 253001 change because it is administrative in nature. Finally, the SIP revision makes minor grammatical changes in paragraphs (a) and (b) of Section .0207 and adds a citation in paragraph (e) that identifies the DAQ Director’s statutory authority to require reporting. EPA proposes to approve these edits because they are minor changes that do not alter the meaning of the regulation. III. Incorporation by Reference In this proposed rule, 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 Subchapter 02Q Section .0207, Annual Emissions Reporting, state effective April 1, 2018, which removes annual emissions reporting requirement for certain nonTitle V facilities; updates the calendar year when the annual emissions reporting requirement begins; and makes several minor editorial changes. 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 North Carolina SIP revision submitted on July 10, 2019, revising 15A NCAC Subchapter 02Q Section .0207, Annual Emissions Reporting. Specifically, EPA is proposing to approve removal of the annual emissions reporting requirement for certain non-Title V facilities in geographic areas that have been redesignated to attainment for the 1979 1-hour ozone NAAQS and in the redesignated 1997 Charlotte Area, while retaining the requirement for the redesignated 2008 Charlotte Area. Additionally, EPA is proposing to approve the change in paragraph (d) that updates the calendar year that the emissions reporting requirement begins from 2007 to 2017 and several minor editorial changes to the rule. 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 they meet the criteria of the CAA. This action merely proposes to PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 approve state law as meeting Federal requirements and does not impose additional requirements beyond those 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 (Public Law 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, E:\FR\FM\27OCP1.SGM 27OCP1 Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. INFORMATION CONTACT Dated: October 20, 2020. Mary Walker, Regional Administrator, Region 4. [FR Doc. 2020–23660 Filed 10–26–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2020–0127; FRL–10015– 74-Region 3] Air Plan Approval; Maryland; Ozone Interprecursor Trading Program Environmental Protection Agency (EPA). ACTION: Proposed rule. The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision pertains to the expansion in the use of Emission Reduction Credits (ERCs) when new or modified major stationary sources of ozone precursors are required to obtain emission offsets within the State of Maryland. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before November 27, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2020–0127 at https:// www.regulations.gov, or via email to opila.marycate@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for 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 jbell on DSKJLSW7X2PROD with PROPOSALS VerDate Sep<11>2014 16:08 Oct 26, 2020 Jkt 253001 On January 31, 2020, the State of Maryland submitted a revision to its SIP to allow the use of interprecursor trading (IPT) within the state to satisfy the emission offset requirements for new or modified major stationary sources under the New Source Review (NSR) program pertaining to ground level ozone. Volatile Organic Compound (VOC) and Nitrogen Oxide (NOX) are ozone precursor pollutants. The Maryland SIP revisions would allow for new or modified major stationary sources seeking emission offsets to obtain either VOC or NOX offsets provided that these are obtained within Maryland and in an area designated with the same or greater stringency as the area in which the new or modified source is located. SUPPLEMENTARY INFORMATION: AGENCY: SUMMARY: Cynthia Stahl, Permits Branch (3AD10), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2180. Ms. Stahl can also be reached via electronic mail at stahl.cynthia@ epa.gov. I. Background The revision consists of amendments to Code of Maryland Regulations (COMAR) 26.11.17, Nonattainment Provisions for Major New Sources and Major Modifications, Sections .01, Definitions, and .04, Creating Emission Reduction Credits, Air Quality. The revision is applicable to major new sources and major modifications of sources whose potential VOC and/or NOX emissions trigger the emission offset requirements under COMAR 26.11.17. Maryland contains the Baltimore Ozone Nonattainment area but is also entirely within the Ozone Transport Region (OTR). The Clean Air Act requires that areas within the OTR must meet ozone nonattainment area requirements that would apply if they were classified as moderate ozone nonattainment areas. For both of these types of ozone nonattainment areas, in accordance with current requirements, sources would need to offset each ton of VOC or NOX with more than one ton of ERCs. This greater than one-for-one offset requirement would continue to apply under the Maryland IPT program. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 68029 On December 6, 2018, EPA finalized its ozone implementation rule pertaining to the 2015 Ozone NAAQS (83 FR 62998). With this rule, among other provisions, EPA described a discretionary IPT program that would allow any new or modified major stationary source located in an ozone nonattainment area to satisfy the nonattainment NSR emission offset requirements for ozone with emission reductions from VOC or NOX, interchangeably. These requirements are codified at 40 CFR 51.165(a)(11). Under this program, the IPT ratio, substantiated by EPA approved air quality modeling, is required to be established to ensure that an equivalent or greater air quality benefit is obtained to achieve reasonable further progress toward attainment of the ozone standard for the designated ozone nonattainment area. II. Summary of SIP Revision and EPA Analysis Maryland’s revision to COMAR 26.11.17.01 adds the definition for interprecursor trading, which includes a reference to the new COMAR 26.11.17.04 regulation. Maryland’s revision to COMAR 26.11.17.04 pertains to its Nonattainment New Source Review (NNSR) program, which requires that facilities obtain ERCs. COMAR 26.11.17.04 requires that the facilities seeking the option of IPT must meet the current requirements for ERCs including those pertaining to location, determination of the amount of ERCs needed for the new source via the baseline to actual emissions calculations, and eligibility determined by the date of creation of the ERCs. COMAR 26.11.17.04 further specifies that the IPT ratio must be determined by an approved EPA air quality modeling methodology and the IPT ratio cannot be less than the emission offset ratio specified in COMAR 26.11.17.03B(3). The approving authority for the interprecursor trade is the Maryland Department of the Environment and such approval is granted on a case-bycase and a permit specific basis. EPA has reviewed the Maryland revisions to COMAR 26.11.17.01 and .04 and determined that they meet the EPA 2015 ozone implementation final rule published in the Federal Register at 83 FR 62998, December 6, 2018. III. Proposed Action EPA’s review of this material indicates the Maryland amendments to COMAR 26.11.17.01 and .04, Air Quality: Nonattainment Provisions for Major New Sources and Major Modifications pertaining to E:\FR\FM\27OCP1.SGM 27OCP1

Agencies

[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Proposed Rules]
[Pages 68026-68029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23660]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0613; FRL-10015-83-Region 4]


Air Plan Approval; NC: Revisions to Annual Emissions Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of North Carolina, through the North Carolina Department of 
Environmental Quality, Division of Air Quality (DAQ), on July 10, 2019. 
The SIP revision seeks to modify the State's annual emissions reporting 
regulation by removing the annual emissions reporting requirement for 
certain non-Title V facilities in geographic areas that have been 
redesignated to attainment for the 1979 1-hour ozone national ambient 
air quality standards (``NAAQS'' or ``standards'') and in the areas 
listed in the rule that have been redesignated to attainment for the 
1997 8-hour ozone

[[Page 68027]]

NAAQS, with the exception of the geographic areas that have been 
redesignated to attainment for the 2008 8-hour ozone NAAQS. The SIP 
revision also makes minor changes that do not significantly alter the 
meaning of the regulation. EPA is proposing to approve this revision 
pursuant to the Clean Air Act (CAA or Act).

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0613 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: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In 1979, EPA promulgated a NAAQS for ozone, setting the standard at 
0.12 parts per million (ppm) averaged over a 1-hour time frame. See 44 
FR 8202 (February 8, 1979). In 1997, EPA promulgated a revised NAAQS 
for ozone, setting the standard at 0.08 ppm averaged over an 8-hour 
time frame. See 62 FR 38856 (July 18, 1997).\1\ In 2008, EPA revised 
the level of the 8-hour ozone standard to 0.075 ppm. See 73 FR 16436 
(March 27, 2008). The promulgation of a new or revised NAAQS triggers a 
CAA requirement for EPA to designate as nonattainment any area that 
violates the NAAQS or contributes to a violation in a nearby area.
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    \1\ EPA has revoked the 1979 and 1997 ozone standards. See 69 FR 
23951 (April 30, 2004) and 80 FR 12264 (March 6, 2015), 
respectively.
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    On November 6, 1991, EPA published designations and classifications 
for the 1979 1-hour ozone NAAQS.\2\ See 56 FR 56694. EPA initially 
published designations and classifications for the revised 1997 8-hour 
and revised 2008 8-hour ozone standards on April 30, 2004 (69 FR 23858) 
and May 21, 2012 (77 FR 30088), respectively. The geographic areas 
designated as nonattainment in North Carolina for the 1997 8-hour ozone 
standard included the Charlotte-Gastonia-Rock Hill, NC-SC Area (the 
North Carolina portion is hereinafter the ``1997 Charlotte Area'').\3\ 
The geographic areas designated as nonattainment in North Carolina for 
the 2008 ozone standard are part of an area known as the Charlotte-Rock 
Hill, NC-SC Area (the North Carolina portion is hereinafter the ``2008 
Charlotte Area'').\4\ EPA redesignated North Carolina's 1979 ozone 
nonattainment areas to attainment in a series of actions from 1993 to 
1995,\5\ redesignated the 1997 Charlotte Area to attainment on December 
2, 2013 (78 FR 72036), and redesignated the 2008 Charlotte Area to 
attainment on July 28, 2015 (80 FR 44873).
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    \2\ EPA designated the following geographic areas in North 
Carolina as nonattainment for the 1979 ozone standard: Davidson, 
Durham, Forsyth, Gaston, Guilford, Mecklenburg, and Wake Counties, 
the Dutchville Township in Granville County, and that part of Davie 
County bounded by the Yadkin River, Dutchmans Creek, North Carolina 
Highway 801, Fulton Creek and back to the Yadkin River.
    \3\ The geographic areas designated as nonattainment in North 
Carolina for the 1997 ozone standard included all geographic areas 
designated as nonattainment for the 1979 ozone standard as well as 
additional areas. The 1997 Charlotte Area consists of Cabarrus, 
Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and Davidson 
Township and Coddle Creek Township in Iredell County.
    \4\ The 2008 Charlotte Area is a subset of the 1997 Charlotte 
Area and consists of Central Cabarrus Township, Concord Township, 
Georgeville Township, Harrisburg Township, Kannapolis Township, 
Midland Township, Mount Pleasant Township, New Gilead Township, 
Odell Township, Poplar Tent Township, and Rimertown Township in 
Cabarrus County; Crowders Mountain Township, Dallas Township, 
Gastonia Township, Riverbend Township, and South Point Township in 
Gaston County; Davidson Township and Coddle Creek Township in 
Iredell County; Catawba Springs Township, Ironton Township, and 
Lincolnton Township in Lincoln County; Atwell Township, China Grove 
Township, Franklin Township, Gold Hill Township, Litaker Township, 
Locke Township, Providence Township, Salisbury Township, Steele 
Township, and Unity Township in Rowan County; and Goose Creek 
Township, Marshville Township, Monroe Township, Sandy Ridge 
Township, and Vance Township in Union County.
    \5\ See 58 FR 47391 (November 9, 1993), 59 FR 18300 (April 18, 
1994), and 60 FR 34859 (July 5, 1995).
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    North Carolina was required to develop nonattainment SIP revisions 
addressing the CAA requirements for its ozone nonattainment areas. 
Among other things, North Carolina was required to address the annual 
emissions reporting requirement in CAA section 182(a)(3)(B), which 
requires each state with an ozone nonattainment area to submit a SIP 
revision requiring stationary sources that emit 25 tons per year (tpy) 
or more of nitrogen oxides (NOX) or volatile organic 
compounds (VOC) within the nonattainment area to provide certified 
annual emissions statements to the state showing actual annual 
NOX and VOC emissions from the source.
    On August 1, 1997 (62 FR 41277), EPA approved the State's annual 
emissions reporting requirement at 15A NCAC Subchapter 02Q Section 
.0207,\6\ Annual Emissions Reporting, into the North Carolina SIP for 
the geographic areas designated as nonattainment for the 1979 ozone 
NAAQS.\7\ On January 31, 2008, North Carolina submitted a SIP revision 
adding the 1997 Charlotte Area to its annual emissions reporting 
requirement as a result of EPA's nonattainment designations for the 
1997 8-hour ozone standard.\8\ On April 24, 2012 (77 FR 24382), EPA 
approved that SIP revision and added the 1997 Charlotte Area to the 
annual emissions reporting requirement in the North Carolina SIP to 
meet the requirements of CAA section 182(a)(3)(B).
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    \6\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC Subchapter 02Q 
is referred to as ``Subchapter 2Q Air Quality Permits.''
    \7\ Section .0207 also contains an annual reporting requirement 
at paragraph (a) for owners and operators of title V facilities in 
the State.
    \8\ The SIP revision added Cabarrus, Lincoln, Rowan, and Union 
Counties and Davidson Township and Coddle Creek Township in Iredell 
County to the emissions reporting requirement.
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    Paragraph (c) of Section .0207 lists the geographic areas in North 
Carolina where owners or operators of certain non-title V facilities 
with actual emissions of 25 tons per year or more of NOX or 
VOC are required to report by June 30th of each year the actual 
emissions of NOX and VOC during the previous year. Paragraph 
(d) identifies the date that the annual reporting requirement in 
paragraph (c) shall begin.

[[Page 68028]]

II. Analysis of North Carolina's Submittal

    North Carolina's July 10, 2019, SIP revision \9\ updates Section 
.0207 in several ways. First, the SIP revision proposes to revise 
paragraph (c) by removing the annual emissions reporting requirement 
for certain non-Title V facilities located in geographic areas that 
were previously designated nonattainment for the 1979 1-hour ozone 
standards and in the redesignated 1997 Charlotte Area, with the 
exception of the geographic areas that are in the redesignated 2008 
Charlotte Area.\10\ The SIP revision retains the annual emissions 
reporting requirement for certain non-Title V facilities located in the 
geographic areas that comprise the redesignated 2008 Charlotte Area by 
listing those specific areas in paragraph (c). The SIP revision also 
makes changes to paragraph (d) by removing specific counties and 
townships and replacing them with a cross-reference to paragraph (c).
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    \9\ The State submitted the SIP revision following the 
readoption of several air regulations, including 15A NCAC Subchapter 
02Q .0207, pursuant to North Carolina's 10-year regulatory 
readoption process at North Carolina General Statute 150B-21.3A.
    \10\ As noted above, the 2008 Charlotte Area is a subset of the 
1997 Charlotte Area.
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    Currently, 55 facilities are required under paragraph (c) to submit 
annual emissions statements to North Carolina DAQ by June 30th of each 
year. The proposed rule change would remove the reporting requirement 
for 43 of these 55 facilities, thus reducing administrative reporting 
requirements for the 43 affected facilities. These facilities are still 
required to comply with their operating permits.
    Section 110(l) of the CAA prevents EPA from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable CAA requirement. EPA proposes to determine that the changes 
described above are approvable because they would not interfere with 
attainment or maintenance of any NAAQS and because the geographic areas 
removed from the rule have been redesignated to attainment and are 
therefore no longer required to meet the emissions statement 
requirements in section 182(a)(3)(B) of the CAA.
    Second, North Carolina's July 10, 2019, SIP revision makes changes 
to paragraph (d) of Section .0207 to update the calendar year that the 
emissions reporting requirement begins from 2007 to 2017 to coincide 
with the year during which North Carolina adopted the rule changes. EPA 
proposes to approve this change because it is administrative in nature.
    Finally, the SIP revision makes minor grammatical changes in 
paragraphs (a) and (b) of Section .0207 and adds a citation in 
paragraph (e) that identifies the DAQ Director's statutory authority to 
require reporting. EPA proposes to approve these edits because they are 
minor changes that do not alter the meaning of the regulation.

III. Incorporation by Reference

    In this proposed rule, 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 Subchapter 02Q Section .0207, Annual 
Emissions Reporting, state effective April 1, 2018, which removes 
annual emissions reporting requirement for certain non-Title V 
facilities; updates the calendar year when the annual emissions 
reporting requirement begins; and makes several minor editorial 
changes. 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 North Carolina SIP revision 
submitted on July 10, 2019, revising 15A NCAC Subchapter 02Q Section 
.0207, Annual Emissions Reporting. Specifically, EPA is proposing to 
approve removal of the annual emissions reporting requirement for 
certain non-Title V facilities in geographic areas that have been 
redesignated to attainment for the 1979 1-hour ozone NAAQS and in the 
redesignated 1997 Charlotte Area, while retaining the requirement for 
the redesignated 2008 Charlotte Area. Additionally, EPA is proposing to 
approve the change in paragraph (d) that updates the calendar year that 
the emissions reporting requirement begins from 2007 to 2017 and 
several minor editorial changes to the rule.

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 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 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 (Public Law 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,

[[Page 68029]]

Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: October 20, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-23660 Filed 10-26-20; 8:45 am]
BILLING CODE 6560-50-P
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