Air Plan Approval; NC; Blue Ridge Paper SO2, 74884-74888 [2020-25464]
Download as PDF
<![CDATA[
74884
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
accordance with 37 CFR 381.10(b), the
Judges announce that the COLA for
calendar year 2021 shall be 1.5%.
Application of the 1.5% COLA to the
2020 rate for the performance of
published nondramatic musical
compositions in the repertory of
SESAC—$162 per station—results in an
adjusted rate of $164 per station.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television,
Rates.
Final Regulations
In consideration of the foregoing, the
Judges amend part 381 of title 37 of the
Code of Federal Regulations as follows:
PART 381—USE OF CERTAIN
COPYRIGHTED WORKS IN
CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL
BROADCASTING
1. The authority citation for part 381
continues to read as follows:
■
Authority: 17 U.S.C. 118, 801(b)(1), and
803.
2. Section 381.5 is amended by
revising paragraph (c)(3)(iv) to read as
follows:
■
§ 381.5 Performance of musical
compositions by public broadcasting
entities licensed to colleges and
universities.
*
*
*
*
*
(c) * * *
(3) * * *
(iv) 2021: $164 per station.
*
*
*
*
*
Dated: November 17, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2020–25741 Filed 11–23–20; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No. 20–CRB–0012–SA–COLA
(2021)]
Cost of Living Adjustment to Satellite
Carrier Compulsory License Royalty
Rates
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Final rule; cost of living
adjustment.
jbell on DSKJLSW7X2PROD with RULES
AGENCY:
The Copyright Royalty Judges
announce a cost of living adjustment
(COLA) of 1.2% in the royalty rates
SUMMARY:
VerDate Sep<11>2014
16:05 Nov 23, 2020
Jkt 253001
satellite carriers pay for a compulsory
license under the Copyright Act. The
COLA is based on the change in the
Consumer Price Index from October
2019 to October 2020.
DATES:
Effective date: December 9, 2020.
Applicability dates: These rates are
applicable to the period January 1, 2021,
through December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Assistant, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
SUPPLEMENTARY INFORMATION: The
satellite carrier compulsory license
establishes a statutory copyright
licensing scheme for the distant
retransmission of television
programming by satellite carriers. 17
U.S.C. 119. Congress created the license
in 1988 and reauthorized the license for
additional five-year periods until 2019
when it made the license permanent.1
On August 31, 2010, the Copyright
Royalty Judges (Judges) adopted rates
for the section 119 compulsory license
for the 2010–2014 term. See 75 FR
53198. The rates were proposed by
Copyright Owners and Satellite
Carriers 2 and were unopposed. Id.
Section 119(c)(2) of the Copyright Act
provides that, effective January 1 of each
year, the Judges shall adjust the royalty
fee payable under Section 119(b)(1)(B)
‘‘to reflect any changes occurring in the
cost of living as determined by the most
recent Consumer Price Index (for all
consumers and for all items) [CPI–U]
published by the Secretary of Labor
before December 1 of the preceding
year.’’ Section 119 also requires that
‘‘[n]otification of the adjusted fees shall
be published in the Federal Register at
least 25 days before January 1.’’ 17
U.S.C. 119(c)(2).
The change in the cost of living as
determined by the CPI–U during the
period from the most recent index
published before December 1, 2019, to
the most recent index published before
December 1, 2020, is 1.2%.3 Application
of the 1.2% COLA to the current rate for
the secondary transmission of broadcast
stations by satellite carriers for private
1 The most recent five-year reauthorization was
pursuant to the STELA Reauthorization Act of 2014,
Public Law 113–200. The license was made
permanent by the Satellite Television Community
Protection and Promotion Act of 2019, Public Law
116–94, div. P, title XI, § 1102(a), (c)(1), 133 Stat.
3201, 3203.
2 Program Suppliers and Joint Sports Claimants
comprised the Copyright Owners while DIRECTV,
Inc., DISH Network, LLC, and National
Programming Service, LLC, comprised the Satellite
Carriers.
3 On November 12, 2020, the Bureau of Labor
Statistics announced that the CPI–U increased 1.2%
over the last 12 months.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
home viewing—30 cents per subscriber
per month—results in an unchanged
rate of 30 cents per subscriber per
month (rounded to the nearest cent). See
37 CFR 386.2(b)(1). Application of the
1.2% COLA to the current rate for
viewing in commercial establishments—
60 cents per subscriber per month—
results in a rate of 61 cents per
subscriber per month (rounded to the
nearest cent). See 37 CFR 386.2(b)(2).
List of Subjects in 37 CFR Part 386
Copyright, Satellite, Television.
Final Regulations
In consideration of the foregoing, the
Judges amend part 386 of title 37 of the
Code of Federal Regulations as follows:
PART 386—ADJUSTMENT OF
ROYALTY FEES FOR SECONDARY
TRANSMISSIONS BY SATELLITE
CARRIERS
1. The authority citation for part 386
continues to read as follows:
■
Authority: 17 U.S.C. 119(c), 801(b)(1).
2. Section 386.2 is amended by adding
paragraphs (b)(1)(xii) and (b)(2)(xii) to
read as follows:
■
§ 386.2 Royalty fee for secondary
transmission by satellite carriers.
*
*
*
*
*
(b) * * *
(1) * * *
(xii) 2021: 30 cents per subscriber per
month.
(2) * * *
(xii) 2021: 61 cents per subscriber per
month.
Dated: November 17, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2020–25742 Filed 11–23–20; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0001; FRL–10016–41
Region 4]
Air Plan Approval; NC; Blue Ridge
Paper SO2 Emission Limits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a sourcespecific State Implementation Plan (SIP)
revision submitted by the State of North
Carolina Department of Environmental
SUMMARY:
E:\FR\FM\24NOR1.SGM
24NOR1
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
Quality, Division of Air Quality (DAQ),
in final form, through a letter dated
September 3, 2020. North Carolina’s
September 3, 2020, source-specific SIP
revision requests that EPA incorporate
into the SIP more stringent sulfur
dioxide (SO2) permit limits than those
currently contained in the SIP for the
Blue Ridge Paper Products, LLC (also
known as BRPP) facility located in the
Beaverdam Township Area of Haywood
County, North Carolina. Specifically,
EPA is approving, into the SIP, specific
SO2 permit limits and associated
operating restrictions, monitoring,
recordkeeping, reporting (MRR) and
testing compliance requirements
established in BRPP’s title V operating
permit as permanent and enforceable
SO2 control measures. North Carolina
submitted these limits to support its
recommendation that EPA designate the
Beaverdam Township Area as
‘‘attainment/unclassifiable’’ under the
2010 primary SO2 national ambient air
quality standard (NAAQS or standard)
(also referred to as the 2010 1-hour SO2
NAAQS). The purpose of this
rulemaking is not to take action on
whether these SO2 emissions limits are
adequate for EPA to designate the
Beaverdam Township Area as
attainment under the 2010 1-hour SO2
NAAQS. Instead, EPA will determine
the air quality status and designate
remaining undesignated areas for the
2010 1-hour SO2 NAAQS, including the
Beaverdam Township Area, in a
separate action. This SIP approval does
not prejudge that future designation
action.
DATES: This rule is effective November
24, 2020.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0001. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials can
either be retrieved electronically via
www.regulations.gov or in hard copy at
the 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. 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 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.
74885
I. Background
On June 24, 2020, North Carolina
submitted a draft source-specific SIP
revision through parallel processing to
EPA for approval. Specifically, North
Carolina’s June 24, 2020, draft SIP
revision requested EPA incorporate
specific SO2 permit limits and
associated operating restrictions, MRR,
and testing compliance parameters
contained in title V operating permit
number 08961T29 (T29) issued to
BRPP 1 by DAQ, on June 2, 2020, into
the North Carolina SIP to establish these
emission limits and parameters as
permanent federally enforceable control
measures and strengthen the North
Carolina SIP. BRPP is a subsidiary of
Evergreen Packaging and is located in
the City of Canton in Beaverdam
Township, Haywood County, North
Carolina, 25 kilometers west of
Asheville, North Carolina.
In a notice of proposed rulemaking
(NPRM) published on August 31, 2020
(85 FR 53715), EPA proposed to approve
North Carolina’s June 24, 2020, draft
source-specific SIP revision. In this
action, EPA is now finalizing approval
of North Carolina’s source-specific SIP
revision for BRPP which was submitted
in final form on September 3, 2020. EPA
reviewed the final submission, and it
contains no substantive changes to
North Carolina’s June 24, 2020, draft
source-specific SIP revision that EPA
proposed to approve in the August 31,
2020, NPRM. Table 1 below lists the
emissions limits to be incorporated in
the North Carolina SIP for BRPP.2
TABLE 1—PERMIT T29 SO2 EMISSION LIMITS FOR INCORPORATION INTO THE NORTH CAROLINA SIP
SO2 Permitted
emission limit
Title V permit No.
08961T29
(lb/hr)*
Emission
unit ID
Emission unit description
G08020 ....
No. 10 Recovery Furnace-BLS-normal Operation ..................................................................................................
No. 10 Recovery Furnace-ULSD—startup and shutdown ......................................................................................
No. 11 Recovery Furnace-BLS—normal operation ................................................................................................
No. 11 Recovery Furnace-ULSD—startup and shutdown ......................................................................................
No. 4 Lime Kiln ........................................................................................................................................................
No. 5 Lime Kiln ........................................................................................................................................................
Riley Coal Boiler ......................................................................................................................................................
No. 4 Power Boiler ..................................................................................................................................................
Riley Bark Boiler ......................................................................................................................................................
G08021 ....
G09028
G09029
G11039
G11040
G11042
....
....
....
....
....
28.0
0.54
28.0
0.54
6.28
10.47
61.32
82.22
68.00
jbell on DSKJLSW7X2PROD with RULES
*lb/hr = pounds per hour; BLS = black liquor solids; and ULSD = ultra low sulfur diesel.
1 BRPP is a vertically integrated pulp and paper
mill that produces specialty paperboard packaging
products. BRPP’s primary operations are classified
under North American Industry Classification
VerDate Sep<11>2014
16:05 Nov 23, 2020
Jkt 253001
System 322121 (Paper Except Newsprint Mills). The
facility utilizes multiple boilers to produce steam
for energy generation and provide heat for the
pulping and paper making processes.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
2 More detail on the emission units, emission
limits, and operating, MRR, and testing
requirements are provided in the August 31, 2020,
NPRM. See 85 FR 53715.
E:\FR\FM\24NOR1.SGM
24NOR1
74886
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
The August 31, 2020, NPRM provides
additional detail regarding the
background and rationale for EPA’s
action. Comments on the August 31,
2020, NPRM were due on or before
September 30, 2020.
II. Response to Comments
EPA received five comments on the
August 31, 2020, NPRM, all of which
are included in the EPA docket under
Docket Identification No. EPA–R04–
OAR–2020–0001. All five comments are
generally supportive of the stricter SO2
emission limits and EPA’s action to
approve SO2 emission limits and
compliance parameters into the North
Carolina SIP. One commenter also
expressed their satisfaction with air
permits and how they believe they
prove to be an efficient way to limit SO2
emissions. Furthermore, the BRPP
facility provided comments in support
of EPA’s proposed action. EPA
summarizes and responds to one
specific comment below to provide
clarification.
Comment: One commenter stated that
the stricter SO2 limits at the BRPP
facility are a ‘‘welcomed sight,’’ and that
they support the stricter limitations but
also notes, ‘‘The implementation of
continuous monitoring devices is
paramount for such standards to be
met.’’ The commenter also states that
the limits ‘‘although relatively strict,
should strive to become more strict as
there were no restrictions for SO2 prior’’
and that the limits should be monitored
periodically to reduce emissions rather
than wait until new equipment is
added.
Response: EPA appreciates the
commenter’s support of the new SO2
emission limits to strengthen the North
Carolina SIP. Regarding the
commenter’s statements concerning
monitoring, EPA notes that the permit
conditions for five of the seven emission
units at BRPP that EPA is incorporating
into the North Carolina SIP require
continuous monitoring to ensure proper
operation of associated emissions
control equipment and continuous
compliance with the SO2 emission
limits.3 As EPA explained in the August
31, 2020, NPRM, the type of monitoring
required for these units is known as
parametric monitoring, and it is a
common method to ensure continuous
compliance with an emissions limit in
lieu of continuous direct sampling and
monitoring of the subject pollutant. This
is a common regulatory approach used
3 The permit conditions for other two emissions
units EPA is incorporating into the North Carolina
SIP require fuel usage restrictions and associated
recordkeeping to ensure compliance with the SO2
emissions limits.
VerDate Sep<11>2014
16:05 Nov 23, 2020
Jkt 253001
in various Federal regulations such as
the Maximum Achievable Control
Technology standards and New Source
Performance Standards.
In BRPP’s permit T29, parametric
monitoring is required for the five
emissions units that use a scrubber to
control SO2 emissions. The parameters
that are critical to proper operations of
these scrubbers include scrubber liquid
flow, pH, and pressure drop as provided
in T29 and explained in more detail in
the NPRM. T29 includes conditions
restricting operating levels for each of
the relevant parameters to minimum
levels that demonstrate compliance with
the underlying SO2 emission limit as
established during performance testing
and requires continuous monitoring
devices for these parameters. In
addition, permit T29 requires periodic
testing to confirm that the established
operating levels for the relevant
parameters continue to demonstrate
compliance with the SO2 emission
limits and requires BRPP to comply
with any revised operating parameters
as needed to demonstrate continuous
compliance with the SO2 emission
limits based on such future tests. EPA’s
final action approves these operating
and continuous monitoring
requirements and parameters into the
North Carolina SIP.
Regarding the commenter’s statement
that the SO2 emissions limits should
strive to be more strict, states have
flexibility in how to structure their SIPs
and EPA is required to approve a SIP
submission that complies with the
provisions of the Clean Air Act (CAA or
Act). North Carolina exercised this
flexibility in developing its sourcespecific SIP revision for BRPP, and EPA
is approving the SO2 emissions limits
contained therein as a SIP-strengthening
measure because they are more stringent
than any existing limits for BRPP in the
North Carolina SIP and comply with the
Act. Should North Carolina submit a SIP
revision in the future with revised SO2
limits, EPA would again evaluate the
sufficiency of those limits based on the
CAA criteria for approvability.
III. Incorporation by Reference
In this document, EPA is taking final
action to include regulatory text that
includes incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference into North Carolina’s SIP
the conditions identified below from
title V operating Permit No. 08961T29
issued by DAQ to BRPP with an
effective date of June 2, 2020. These
permit conditions relate to enforcement
of and compliance with SO2 emission
limitations at BRPP for seven SO2
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
emitting units. Specifically, DAQ has
requested EPA incorporate into the
North Carolina SIP: (1) Condition 2.2
J.1.b; (2) the lb/hr SO2 emission
limitations in Table 2.2 J.1 for the No.
10 and No. 11 Recovery Furnaces
(G08020 and G08021), No. 4 and No. 5
Lime Kilns (G09028 and G09029) and
Riley Bark, Riley Coal, and No. 4 Power
Boilers (G11042, G11039 and G11040);
(3) for the No. 10 and No. 11 Recovery
Furnaces (G08020 and G08021)—
condition 2.2 J.1.c.i; (4) for No. 4 and
No. 5 Lime Kilns (G09028 and
G09029)—condition 2.2 J.1.c.iii;
condition 2.2 D.1.f.ii; Table 2.2 D–2;
condition 2.2 D.1.h; condition 2.2
D.1.i.ii; condition 2.2 D.1.j.ii; conditions
2.2 D.1.l.ii, 2.2 D.1.l.iii, 2.2 D.1.l.iv, 2.2
D.1.l.v, 2.2 D.1.l.vii, and 2.2 D.1.l.viii;
condition 2.2 D.1.m; condition 2.2
D.1.n; condition 2.2 D.1.o; and
condition 2.2 D.1.p.iii; (5) for the Riley
Bark, Riley Coal and No. 4 Power
Boilers (G11042, G11039 and G11040)—
condition 2.2 J.1.c.vii and Table 2.2 J.2;
(6) Testing—condition 2.2 J.1.d, Table
2.2 J.3, and condition 2.2 J.1.e; (7)
Recordkeeping—conditions 2.2 J.1.g.i,
2.2 J.1.g.ii, and 2.2 J.1.g.iii; (8)
Reporting—conditions 2.2 J.1.h and 2.2
J.1.i. 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. Final Action
EPA is approving SO2 emissions
limits and associated operating
restrictions, MRR, and testing
compliance parameters from BRPP’s
title V operating permit T29 into the
North Carolina SIP. EPA confirms that
the SO2 emissions limits and associated
operating restrictions, MRR, and testing
compliance parameters for BRPP are
more stringent than requirements that
are currently approved into the North
Carolina SIP for BRPP. By incorporating
these SO2 permit limits and associated
operating restrictions, MRR, and testing
compliance parameters into the North
Carolina SIP, these requirements will
become permanently federally
enforceable and strengthen the North
Carolina SIP.
Section 553(d)(3) of the
Administrative Procedure Act (‘‘APA’’),
5 U.S.C. 553(d)(3), provides that final
rules shall not become effective until 30
days after date of publication in the
Federal Register ‘‘except . . . as
otherwise provided by the agency for
good cause.’’ The purpose of this
provision is to ‘‘give affected parties a
reasonable time to adjust their behavior
E:\FR\FM\24NOR1.SGM
24NOR1
jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
before the final rule takes effect.’’
Omnipoint Corp. v. Fed. Commc’n
Comm’n, 78 F.3d 620, 630 (D.C. Cir.
1996); see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir.
1977) (quoting legislative history). Thus,
in determining whether good cause
exists to waive the 30-day delay, an
agency should ‘‘balance the necessity
for immediate implementation against
principles of fundamental fairness
which require that all affected persons
be afforded a reasonable amount of time
to prepare for the effective date of its
ruling.’’ Gavrilovic, 551 F.2d at 1105.
EPA has determined that there is good
cause for making this final rule effective
immediately after balancing such
considerations. Regarding affording
affected persons reasonable time to
prepare, BRPP does not need time to
prepare for the effective date of this rule
because the emissions limits and
compliance parameters EPA is
incorporating into the SIP are already
federally enforceable through the
facility’s title V permit, and BRRP is
already meeting those limits and
compliance parameters. Thus, the only
consequence of EPA’s action is to make
the terms and conditions of the permit
submitted for SIP approval permanently
federally enforceable, which has no
immediate impact on BRPP. Regarding
necessity for immediate
implementation, delaying the effective
date of the SIP approval for 30 days after
publication in the Federal Register risks
interfering with EPA’s ability to
consider these limits and compliance
parameters when assessing the most
current and accurate information
reflecting the air quality status around
BRRP in its upcoming final designation
decision under the 2010 1-hour SO2
NAAQS, as that designation decision is
due under court order to be signed no
later than December 31, 2020. Moreover,
it is in the public’s interest for EPA’s
approval and incorporation of these
enforceable permit terms to be made
permanently federally enforceable
immediately. For these reasons, the
agency finds that good cause exists
under APA section 553(d)(3) to make
this rule effective immediately upon
publication.
This final rulemaking does not
address whether the specific SO2 permit
limits and compliance permit
conditions from operating permit T29
are adequate for EPA to promulgate an
attainment/unclassifiable designation of
the 2010 1-hour SO2 NAAQS for the
Beaverdam Township Area near BRPP.
However, final approval of these SO2
permit limits and associated compliance
parameters into the SIP, allows EPA to
VerDate Sep<11>2014
16:05 Nov 23, 2020
Jkt 253001
evaluate a modeling demonstration that
these limits provide for attainment as
part of the rulemaking on the 2010 1hour SO2 NAAQS designation for the
Beaverdam Township Area in Haywood
County, North Carolina. Final approval
of this SIP under CAA section 110, does
not prejudge the outcome of EPA’s
forthcoming designation of the
Beaverdam Township Area, as that
future determination is occurring as part
of a separate rulemaking under CAA
section 107 for all remaining
undesignated areas in the country.
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,
if they meet the criteria of the CAA.
This action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
74887
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.
These actions are 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 January 25, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
E:\FR\FM\24NOR1.SGM
24NOR1
74888
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
Dated: November 13, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart II—North Carolina
1. The authority citation for part 52
continues to read as follows:
§ 52.1770
2. In § 52.1770 is amended by adding
paragraph (d) to read as follows:
■
■
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
*
*
*
(d) EPA-Approved North Carolina
Source-Specific Requirements.
EPA-APPROVED NORTH CAROLINA SOURCE-SPECIFIC REQUIREMENTS
Name of source
Permit No.
Blue Ridge Paper
Products, LLC.
*
*
*
*
*
6/2/2020
11/24/2020
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2019–0678; FRL–10016–
45–Region 3]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; City of Philadelphia and
District of Columbia
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the negative
declarations submitted to satisfy the
requirements of the Emission
Guidelines and Compliance times for
SUMMARY:
16:05 Nov 23, 2020
Jkt 253001
Federal Register
Citation
Explanation
[Insert citation of
Only the following provisions:
publication in the
(1) Condition 2.2 J.1.b.
Federal Register]. (2) The lb/hr SO2 emission limitations in
Table 2.2 J.1 for the No. 10 and No.
11 Recovery Furnaces (G08020 and
G08021), No. 4 and No. 5 Lime Kilns
(G09028 and G09029) and Riley Bark,
Riley Coal, and No. 4 Power Boilers
(G11042, G11039 and G11040).
(3) No. 10 and No. 11 Recovery Furnaces (G08020 and G08021)—Condition 2.2 J.1.c.i.
(4) No. 4 and No. 5 Lime Kilns (G09028
and G09029)—Condition 2.2 J.1.c.iii;
Condition 2.2 D.1.f.ii: Table 2.2 D–2;
Conditions 2.2 D.1.h, 2.2 D.1.i.ii; 2.2
D.1.j.ii, 2.2 D.1.l.ii, 2.2 D.1.l.iii, 2.2
D.1.1.iv, 2.2 D.1.l.v, 2.2 D.1.l.vii, 2.2
D.1.l.viii, 2.2 D.1.m, 2.2 D.1.n, 2.2
D.1.o, and 2.2 D.1.p.iii.
(5) Riley Bark, Riley Coal, and No. 4
Power Boilers (G11042, G11039 and
G11040)—Condition 2.2 J.1.c.vii and
Table 2.2 J.2.
(6) Testing—Condition 2.2 J.1.d, Table
2.2 J.3, and Condition 2.2 J.1.e.
(7)
Recordkeeping—Conditions
2.2
J.1.g.i, 2.2 J.1.g.ii, and 2.2 J.1.g.iii;
(8) Reporting—Conditions 2.2 J.1.h and
2.2 J.1.i.
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:
Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S.
DATES: This final rule is effective on
Environmental Protection Agency,
December 24, 2020.
Region III, 1650 Arch Street,
ADDRESSES: EPA has established a
Philadelphia, Pennsylvania 19103. The
docket for this action under Docket ID
telephone number is (215) 814–5795.
Number EPA–R03–OAR–2019–0678. All Mr. Willson can also be reached via
documents in the docket are listed on
electronic mail at Willson.Matthew@
the https://www.regulations.gov
epa.gov.
website. Although listed in the index,
SUPPLEMENTARY INFORMATION:
some information is not publicly
available, e.g., confidential business
I. Background
information (CBI) or other information
whose disclosure is restricted by statute.
On July 27, 2020 (85 FR 45154), EPA
Certain other material, such as
published a notice of proposed
copyrighted material, is not placed on
rulemaking (NPRM) for the City of
the internet and will be publicly
Philadelphia, located in the
available only in hard copy form.
Commonwealth of Pennsylvania, and
Municipal Solid Waste Landfills (MSW)
for the City of Philadelphia, located in
the Commonwealth of Pennsylvania,
and the District of Columbia. The
negative declaration certifies that there
are no existing facilities in the City of
Philadelphia or the District of Columbia
that must comply with this rule.
BILLING CODE 6560–50–P
jbell on DSKJLSW7X2PROD with RULES
EPA approval
date
Title V Operating
Permit No.
08961T29.
[FR Doc. 2020–25464 Filed 11–23–20; 8:45 am]
VerDate Sep<11>2014
State effective
date
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
E:\FR\FM\24NOR1.SGM
24NOR1
]]>Agencies
[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Rules and Regulations]
[Pages 74884-74888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25464]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0001; FRL-10016-41 Region 4]
Air Plan Approval; NC; Blue Ridge Paper SO2 Emission Limits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
source-specific State Implementation Plan (SIP) revision submitted by
the State of North Carolina Department of Environmental
[[Page 74885]]
Quality, Division of Air Quality (DAQ), in final form, through a letter
dated September 3, 2020. North Carolina's September 3, 2020, source-
specific SIP revision requests that EPA incorporate into the SIP more
stringent sulfur dioxide (SO2) permit limits than those
currently contained in the SIP for the Blue Ridge Paper Products, LLC
(also known as BRPP) facility located in the Beaverdam Township Area of
Haywood County, North Carolina. Specifically, EPA is approving, into
the SIP, specific SO2 permit limits and associated operating
restrictions, monitoring, recordkeeping, reporting (MRR) and testing
compliance requirements established in BRPP's title V operating permit
as permanent and enforceable SO2 control measures. North
Carolina submitted these limits to support its recommendation that EPA
designate the Beaverdam Township Area as ``attainment/unclassifiable''
under the 2010 primary SO2 national ambient air quality
standard (NAAQS or standard) (also referred to as the 2010 1-hour
SO2 NAAQS). The purpose of this rulemaking is not to take
action on whether these SO2 emissions limits are adequate
for EPA to designate the Beaverdam Township Area as attainment under
the 2010 1-hour SO2 NAAQS. Instead, EPA will determine the
air quality status and designate remaining undesignated areas for the
2010 1-hour SO2 NAAQS, including the Beaverdam Township
Area, in a separate action. This SIP approval does not prejudge that
future designation action.
DATES: This rule is effective November 24, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0001. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials can either
be retrieved electronically via www.regulations.gov or in hard copy at
the 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.
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: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, Region 4, U.S. Environmental Protection Agency, 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].
I. Background
On June 24, 2020, North Carolina submitted a draft source-specific
SIP revision through parallel processing to EPA for approval.
Specifically, North Carolina's June 24, 2020, draft SIP revision
requested EPA incorporate specific SO2 permit limits and
associated operating restrictions, MRR, and testing compliance
parameters contained in title V operating permit number 08961T29 (T29)
issued to BRPP \1\ by DAQ, on June 2, 2020, into the North Carolina SIP
to establish these emission limits and parameters as permanent
federally enforceable control measures and strengthen the North
Carolina SIP. BRPP is a subsidiary of Evergreen Packaging and is
located in the City of Canton in Beaverdam Township, Haywood County,
North Carolina, 25 kilometers west of Asheville, North Carolina.
---------------------------------------------------------------------------
\1\ BRPP is a vertically integrated pulp and paper mill that
produces specialty paperboard packaging products. BRPP's primary
operations are classified under North American Industry
Classification System 322121 (Paper Except Newsprint Mills). The
facility utilizes multiple boilers to produce steam for energy
generation and provide heat for the pulping and paper making
processes.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on August 31,
2020 (85 FR 53715), EPA proposed to approve North Carolina's June 24,
2020, draft source-specific SIP revision. In this action, EPA is now
finalizing approval of North Carolina's source-specific SIP revision
for BRPP which was submitted in final form on September 3, 2020. EPA
reviewed the final submission, and it contains no substantive changes
to North Carolina's June 24, 2020, draft source-specific SIP revision
that EPA proposed to approve in the August 31, 2020, NPRM. Table 1
below lists the emissions limits to be incorporated in the North
Carolina SIP for BRPP.\2\
---------------------------------------------------------------------------
\2\ More detail on the emission units, emission limits, and
operating, MRR, and testing requirements are provided in the August
31, 2020, NPRM. See 85 FR 53715.
Table 1--Permit T29 SO2 Emission Limits for Incorporation Into the North
Carolina SIP
------------------------------------------------------------------------
SO2 Permitted
emission limit
Emission unit ID Emission unit description Title V permit
No. 08961T29 (lb/
hr)*
------------------------------------------------------------------------
G08020................ No. 10 Recovery Furnace-BLS- 28.0
normal Operation.
No. 10 Recovery Furnace-ULSD-- 0.54
startup and shutdown.
G08021................ No. 11 Recovery Furnace-BLS-- 28.0
normal operation.
No. 11 Recovery Furnace-ULSD-- 0.54
startup and shutdown.
G09028................ No. 4 Lime Kiln.............. 6.28
G09029................ No. 5 Lime Kiln.............. 10.47
G11039................ Riley Coal Boiler............ 61.32
G11040................ No. 4 Power Boiler........... 82.22
G11042................ Riley Bark Boiler............ 68.00
------------------------------------------------------------------------
*lb/hr = pounds per hour; BLS = black liquor solids; and ULSD = ultra
low sulfur diesel.
[[Page 74886]]
The August 31, 2020, NPRM provides additional detail regarding the
background and rationale for EPA's action. Comments on the August 31,
2020, NPRM were due on or before September 30, 2020.
II. Response to Comments
EPA received five comments on the August 31, 2020, NPRM, all of
which are included in the EPA docket under Docket Identification No.
EPA-R04-OAR-2020-0001. All five comments are generally supportive of
the stricter SO2 emission limits and EPA's action to approve
SO2 emission limits and compliance parameters into the North
Carolina SIP. One commenter also expressed their satisfaction with air
permits and how they believe they prove to be an efficient way to limit
SO2 emissions. Furthermore, the BRPP facility provided
comments in support of EPA's proposed action. EPA summarizes and
responds to one specific comment below to provide clarification.
Comment: One commenter stated that the stricter SO2
limits at the BRPP facility are a ``welcomed sight,'' and that they
support the stricter limitations but also notes, ``The implementation
of continuous monitoring devices is paramount for such standards to be
met.'' The commenter also states that the limits ``although relatively
strict, should strive to become more strict as there were no
restrictions for SO2 prior'' and that the limits should be
monitored periodically to reduce emissions rather than wait until new
equipment is added.
Response: EPA appreciates the commenter's support of the new
SO2 emission limits to strengthen the North Carolina SIP.
Regarding the commenter's statements concerning monitoring, EPA notes
that the permit conditions for five of the seven emission units at BRPP
that EPA is incorporating into the North Carolina SIP require
continuous monitoring to ensure proper operation of associated
emissions control equipment and continuous compliance with the
SO2 emission limits.\3\ As EPA explained in the August 31,
2020, NPRM, the type of monitoring required for these units is known as
parametric monitoring, and it is a common method to ensure continuous
compliance with an emissions limit in lieu of continuous direct
sampling and monitoring of the subject pollutant. This is a common
regulatory approach used in various Federal regulations such as the
Maximum Achievable Control Technology standards and New Source
Performance Standards.
---------------------------------------------------------------------------
\3\ The permit conditions for other two emissions units EPA is
incorporating into the North Carolina SIP require fuel usage
restrictions and associated recordkeeping to ensure compliance with
the SO2 emissions limits.
---------------------------------------------------------------------------
In BRPP's permit T29, parametric monitoring is required for the
five emissions units that use a scrubber to control SO2
emissions. The parameters that are critical to proper operations of
these scrubbers include scrubber liquid flow, pH, and pressure drop as
provided in T29 and explained in more detail in the NPRM. T29 includes
conditions restricting operating levels for each of the relevant
parameters to minimum levels that demonstrate compliance with the
underlying SO2 emission limit as established during
performance testing and requires continuous monitoring devices for
these parameters. In addition, permit T29 requires periodic testing to
confirm that the established operating levels for the relevant
parameters continue to demonstrate compliance with the SO2
emission limits and requires BRPP to comply with any revised operating
parameters as needed to demonstrate continuous compliance with the
SO2 emission limits based on such future tests. EPA's final
action approves these operating and continuous monitoring requirements
and parameters into the North Carolina SIP.
Regarding the commenter's statement that the SO2
emissions limits should strive to be more strict, states have
flexibility in how to structure their SIPs and EPA is required to
approve a SIP submission that complies with the provisions of the Clean
Air Act (CAA or Act). North Carolina exercised this flexibility in
developing its source-specific SIP revision for BRPP, and EPA is
approving the SO2 emissions limits contained therein as a
SIP-strengthening measure because they are more stringent than any
existing limits for BRPP in the North Carolina SIP and comply with the
Act. Should North Carolina submit a SIP revision in the future with
revised SO2 limits, EPA would again evaluate the sufficiency
of those limits based on the CAA criteria for approvability.
III. Incorporation by Reference
In this document, EPA is taking final action to include regulatory
text that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, EPA is finalizing the incorporation by
reference into North Carolina's SIP the conditions identified below
from title V operating Permit No. 08961T29 issued by DAQ to BRPP with
an effective date of June 2, 2020. These permit conditions relate to
enforcement of and compliance with SO2 emission limitations
at BRPP for seven SO2 emitting units. Specifically, DAQ has
requested EPA incorporate into the North Carolina SIP: (1) Condition
2.2 J.1.b; (2) the lb/hr SO2 emission limitations in Table
2.2 J.1 for the No. 10 and No. 11 Recovery Furnaces (G08020 and
G08021), No. 4 and No. 5 Lime Kilns (G09028 and G09029) and Riley Bark,
Riley Coal, and No. 4 Power Boilers (G11042, G11039 and G11040); (3)
for the No. 10 and No. 11 Recovery Furnaces (G08020 and G08021)--
condition 2.2 J.1.c.i; (4) for No. 4 and No. 5 Lime Kilns (G09028 and
G09029)--condition 2.2 J.1.c.iii; condition 2.2 D.1.f.ii; Table 2.2 D-
2; condition 2.2 D.1.h; condition 2.2 D.1.i.ii; condition 2.2 D.1.j.ii;
conditions 2.2 D.1.l.ii, 2.2 D.1.l.iii, 2.2 D.1.l.iv, 2.2 D.1.l.v, 2.2
D.1.l.vii, and 2.2 D.1.l.viii; condition 2.2 D.1.m; condition 2.2
D.1.n; condition 2.2 D.1.o; and condition 2.2 D.1.p.iii; (5) for the
Riley Bark, Riley Coal and No. 4 Power Boilers (G11042, G11039 and
G11040)--condition 2.2 J.1.c.vii and Table 2.2 J.2; (6) Testing--
condition 2.2 J.1.d, Table 2.2 J.3, and condition 2.2 J.1.e; (7)
Recordkeeping--conditions 2.2 J.1.g.i, 2.2 J.1.g.ii, and 2.2 J.1.g.iii;
(8) Reporting--conditions 2.2 J.1.h and 2.2 J.1.i. 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. Final Action
EPA is approving SO2 emissions limits and associated
operating restrictions, MRR, and testing compliance parameters from
BRPP's title V operating permit T29 into the North Carolina SIP. EPA
confirms that the SO2 emissions limits and associated
operating restrictions, MRR, and testing compliance parameters for BRPP
are more stringent than requirements that are currently approved into
the North Carolina SIP for BRPP. By incorporating these SO2
permit limits and associated operating restrictions, MRR, and testing
compliance parameters into the North Carolina SIP, these requirements
will become permanently federally enforceable and strengthen the North
Carolina SIP.
Section 553(d)(3) of the Administrative Procedure Act (``APA''), 5
U.S.C. 553(d)(3), provides that final rules shall not become effective
until 30 days after date of publication in the Federal Register
``except . . . as otherwise provided by the agency for good cause.''
The purpose of this provision is to ``give affected parties a
reasonable time to adjust their behavior
[[Page 74887]]
before the final rule takes effect.'' Omnipoint Corp. v. Fed. Commc'n
Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative
history). Thus, in determining whether good cause exists to waive the
30-day delay, an agency should ``balance the necessity for immediate
implementation against principles of fundamental fairness which require
that all affected persons be afforded a reasonable amount of time to
prepare for the effective date of its ruling.'' Gavrilovic, 551 F.2d at
1105. EPA has determined that there is good cause for making this final
rule effective immediately after balancing such considerations.
Regarding affording affected persons reasonable time to prepare, BRPP
does not need time to prepare for the effective date of this rule
because the emissions limits and compliance parameters EPA is
incorporating into the SIP are already federally enforceable through
the facility's title V permit, and BRRP is already meeting those limits
and compliance parameters. Thus, the only consequence of EPA's action
is to make the terms and conditions of the permit submitted for SIP
approval permanently federally enforceable, which has no immediate
impact on BRPP. Regarding necessity for immediate implementation,
delaying the effective date of the SIP approval for 30 days after
publication in the Federal Register risks interfering with EPA's
ability to consider these limits and compliance parameters when
assessing the most current and accurate information reflecting the air
quality status around BRRP in its upcoming final designation decision
under the 2010 1-hour SO2 NAAQS, as that designation
decision is due under court order to be signed no later than December
31, 2020. Moreover, it is in the public's interest for EPA's approval
and incorporation of these enforceable permit terms to be made
permanently federally enforceable immediately. For these reasons, the
agency finds that good cause exists under APA section 553(d)(3) to make
this rule effective immediately upon publication.
This final rulemaking does not address whether the specific
SO2 permit limits and compliance permit conditions from
operating permit T29 are adequate for EPA to promulgate an attainment/
unclassifiable designation of the 2010 1-hour SO2 NAAQS for
the Beaverdam Township Area near BRPP. However, final approval of these
SO2 permit limits and associated compliance parameters into
the SIP, allows EPA to evaluate a modeling demonstration that these
limits provide for attainment as part of the rulemaking on the 2010 1-
hour SO2 NAAQS designation for the Beaverdam Township Area
in Haywood County, North Carolina. Final approval of this SIP under CAA
section 110, does not prejudge the outcome of EPA's forthcoming
designation of the Beaverdam Township Area, as that future
determination is occurring as part of a separate rulemaking under CAA
section 107 for all remaining undesignated areas in the country.
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, if
they meet the criteria of the CAA. This action merely approves state
law as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as 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. These actions are 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 January 25, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
[[Page 74888]]
Dated: November 13, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1770 Identification of plan.
* * * * *
(d) EPA-Approved North Carolina Source-Specific Requirements.
EPA-Approved North Carolina Source-Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Name of source Permit No. effective date date Citation Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blue Ridge Paper Products, LLC....... Title V Operating Permit 6/2/2020 11/24/2020 [Insert citation of Only the following
No. 08961T29. publication in the provisions:
Federal Register]. (1) Condition 2.2 J.1.b.
(2) The lb/hr SO2 emission
limitations in Table 2.2 J.1
for the No. 10 and No. 11
Recovery Furnaces (G08020
and G08021), No. 4 and No. 5
Lime Kilns (G09028 and
G09029) and Riley Bark,
Riley Coal, and No. 4 Power
Boilers (G11042, G11039 and
G11040).
(3) No. 10 and No. 11
Recovery Furnaces (G08020
and G08021)--Condition 2.2
J.1.c.i.
(4) No. 4 and No. 5 Lime
Kilns (G09028 and G09029)--
Condition 2.2 J.1.c.iii;
Condition 2.2 D.1.f.ii:
Table 2.2 D-2; Conditions
2.2 D.1.h, 2.2 D.1.i.ii; 2.2
D.1.j.ii, 2.2 D.1.l.ii, 2.2
D.1.l.iii, 2.2 D.1.1.iv, 2.2
D.1.l.v, 2.2 D.1.l.vii, 2.2
D.1.l.viii, 2.2 D.1.m, 2.2
D.1.n, 2.2 D.1.o, and 2.2
D.1.p.iii.
(5) Riley Bark, Riley Coal,
and No. 4 Power Boilers
(G11042, G11039 and G11040)--
Condition 2.2 J.1.c.vii and
Table 2.2 J.2.
(6) Testing--Condition 2.2
J.1.d, Table 2.2 J.3, and
Condition 2.2 J.1.e.
(7) Recordkeeping--Conditions
2.2 J.1.g.i, 2.2 J.1.g.ii,
and 2.2 J.1.g.iii;
(8) Reporting--Conditions 2.2
J.1.h and 2.2 J.1.i.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-25464 Filed 11-23-20; 8:45 am]
BILLING CODE 6560-50-P
