Air Plan Approval; North Carolina; Revisions to Construction and Operation Permits, 11875-11878 [2021-04066]
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 30, 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.
Signing Statement
This document of the Environmental
Protection Agency was signed on
January 4, 2021, by Mary Walker,
Regional Administrator, pursuant to the
Statutory Deadline of the Clean Air Act.
That document with the original
signature and date is maintained by
EPA. For administrative purposes only,
and in compliance with requirements of
the Office of the Federal Register, the
undersigned EPA Official re-signs the
document for publication, as an official
document of the Environmental
Protection Agency. This administrative
process in no way alters the legal effect
of this document upon publication in
the Federal Register.
11875
Dated: February 23, 2021.
John Blevins,
Acting 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. In § 52.2220 amend the table in
paragraph (e) by adding, at the end of
the table, entries for ‘‘2010 1-Hour SO2
Emissions Inventory for the Sullivan
County Area’’ and ‘‘2010 1-Hour
Nonattainment New Source Review
Plan for the Sullivan County Area’’ to
read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
*
2010 1-Hour SO2 Emissions
Sullivan County ......................
Inventory for the Sullivan
County Area.
2010 1-Hour SO2 NonattainSullivan County ......................
ment New Source Review
Plan for the Sullivan County
Area.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0186; FRL–10019–
56–Region 4]
Air Plan Approval; North Carolina;
Revisions to Construction and
Operation Permits
DATES:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the North Carolina
State Implementation Plan (SIP)
16:15 Feb 26, 2021
Jkt 253001
*
3/1/2021, [Insert citation of
publication].
5/10/2017
3/1/2021, [Insert citation of
publication].
This rule is effective March 31,
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0186. 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
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
PO 00000
Frm 00019
Explanation
*
5/10/2017
2021.
AGENCY:
VerDate Sep<11>2014
EPA
approval
date
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 construction and operation
permitting regulations by making minor
changes that do not significantly alter
the meaning of the regulations. EPA is
approving this revision pursuant to the
Clean Air Act (CAA or Act).
[FR Doc. 2021–04063 Filed 2–26–21; 8:45 am]
SUMMARY:
State
effective
date
Fmt 4700
Sfmt 4700
*
*
Addressing the base-year
emissions inventory requirements of 172(c)(3).
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.
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Pearlene Williams, 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.
Ms. Williams can also be reached via
phone at (404) 562–9144 or via
electronic mail at williams.pearlene@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 10, 2019, the State of North
Carolina submitted changes to the North
Carolina SIP for EPA approval. EPA is
finalizing changes to the following
regulations under 15A North Carolina
Administrative Code (NCAC)
Subchapter 02Q,1 Section .0300,
Construction and Operation Permits:
Section .0301, Applicability; Section
.0303, Definitions; Section .0304,
Applications; Section .0305,
Application Submittal Content; Section
.0307, Public Participation Procedures;
Section .0308, Final Action on Permit
Applications; Section .0309,
Termination, Modification and
Revocation of Permits; Section .0310,
Permitting of Numerous Similar
Facilities; Section .0311, Permitting of
Facilities at Multiple Temporary Sites;
Section .0312, Application Processing
Schedule; Section .0313, Expedited
Application Processing Schedule;
Section .0314, General Requirements for
All Permits; Section .0315, Synthetic
Minor Facilities; Section .0316,
Administrative Permit Amendments;
and Section .0317, Avoidance
Conditions.2
II. Analysis of North Carolina’s SIP
Revision
The revision that is the subject of this
final rulemaking makes changes to
construction and operating permitting
regulations under Subchapter 2Q of the
North Carolina SIP. These changes
revise the applicability of permit
exemptions, permit application and
processing procedures, and revise
related definitions. Details regarding the
background for these changes may be
found in the proposed rulemaking that
published October 19, 2020 (85 FR
1 In the table of North Carolina regulations
federally approved into the SIP at 40 CFR
52.1770(c), 15A NCAC 02Q is referred to as
‘‘Subchapter 2Q Air Quality Permits.’’
2 The State submitted the SIP revision following
the readoption of several air regulations, including
.0301, .0303, .0304, .0305, .0307, .0308, .0309,
.0310, .0311, .0312, .0313, .0314, .0315, .0316, and
.0317, pursuant to North Carolina’s 10-year
regulatory readoption process at North Carolina
General Statute 150B–21.3A.
VerDate Sep<11>2014
16:15 Feb 26, 2021
Jkt 253001
66296). The comment period for this
rulemaking closed on November 18,
2020. No adverse comments were
received. EPA finds that the changes do
not interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable CAA requirement.
EPA has determined that the changes
to the regulations above provide clarity
to the applicability of permit
exemptions, permit application and
processing procedures, and definitions.
The changes are minor changes that do
not significantly alter the meaning of the
regulations. The changes to the SIP
satisfy CAA section 110(l) and do not
interfere with attainment and
maintenance of the national ambient air
quality standards or any other
applicable requirement of the Act.
Therefore, EPA is approving the changes
to these regulations.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the following sections of
15A NCAC Subchapter 2Q with a stateeffective date of April 1, 2018: Section
.0301, Applicability; Section .0303,
Definitions; Section .0304, Applications;
Section .0305, Application Submittal
Content; Section .0307, Public
Participation Procedures; Section .0308,
Final Action on Permit Applications;
Section .0309, Termination,
Modification and Revocation of Permits;
Section .0310, Permitting of Numerous
Similar Facilities; Section .0311,
Permitting of Facilities at Multiple
Temporary Sites; Section .0312,
Application Processing Schedule;
Section .0313, Expedited Application
Processing Schedule; Section .0314,
General Requirements for All Permits;
Section .0315, Synthetic Minor
Facilities; Section .0316, Administrative
Permit Amendments; and Section .0317,
Avoidance Conditions. This finalization
revises the applicability of permit
exemptions, revises permit application
and processing procedures, and amends
definitions. 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 North Carolina’s
July 10, 2019, SIP revision, which
contains changes to the following
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
regulations under 15A NCAC
Subchapter 02Q, Section .0300,
Construction and Operation Permits:
Section .0301, Applicability; Section
.0303, Definitions; Section .0304,
Applications; Section .0305,
Application Submittal Content; Section
.0307, Public Participation Procedures;
Section .0308, Final Action on Permit
Applications; Section .0309,
Termination, Modification and
Revocation of Permits; Section .0310,
Permitting of Numerous Similar
Facilities; Section .0311, Permitting of
Facilities at Multiple Temporary Sites;
Section .0312, Application Processing
Schedule; Section .0313, Expedited
Application Processing Schedule;
Section .0314, General Requirements for
All Permits; Section .0315, Synthetic
Minor Facilities; Section .0316,
Administrative Permit Amendments;
and Section .0317, Avoidance
Conditions. EPA has concluded that
these changes are consistent with the
CAA.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely 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);
• 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
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 30, 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).
the Office of the Federal Register, the
undersigned EPA Official re-signs the
document for publication, as an official
document of the Environmental
Protection Agency. This administrative
process in no way alters the legal effect
of this document upon publication in
the Federal Register.
Dated: February 23, 2021.
John Blevins,
Acting 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart II—North Carolina
2. In 52.1770 amend table 1 in
paragraph (c) under Subchapter 02Q Air
Quality Permits under Section .0300,
Construction and Operation Permits by
revising the entries for ‘‘Section .0301’’,
‘‘Section .0303’’, ‘‘Section .0304’’,
‘‘Section .0305’’, ‘‘Section .0307’’,
‘‘Section .0308’’, ‘‘Section .0309’’,
‘‘Section .0310’’, ‘‘Section .0311’’,
‘‘Section .0312’’, ‘‘Section .0313’’,
‘‘Section .0314’’, ‘‘Section .0315’’,
‘‘Section .0316’’, and ‘‘Section .0317’’ to
read as follows:
■
Signing Statement
This document of the Environmental
Protection Agency was signed on
January 7, 2021, by Mary Walker,
Regional Administrator, pursuant to the
Statutory Deadline of the Clean Air Act.
That document with the original
signature and date is maintained by
EPA. For administrative purposes only,
and in compliance with requirements of
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(1) EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
*
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Explanation
*
Subchapter 2Q Air Quality Permits
Section .0300 Construction and Operating Permits
Section .0301 ..................................
Applicability ....................................
4/1/2018
Section .0303 ..................................
Definitions ......................................
4/1/2018
Section .0304 ..................................
Applications ....................................
4/1/2018
Section .0305 ..................................
Application Submittal Content .......
4/1/2018
*
*
Section .0307 ..................................
*
*
Public Participation Procedures .....
4/1/2018
Section .0308 ..................................
Final Action on Permit Applications
4/1/2018
VerDate Sep<11>2014
16:15 Feb 26, 2021
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PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
3/1/2021,
tion].
3/1/2021,
tion].
3/1/2021,
tion].
3/1/2021,
tion].
[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica-
*
*
3/1/2021, [Insert citation of publication].
3/1/2021, [Insert citation of publication].
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11878
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
(1) EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State
effective
date
State citation
Title/subject
Section .0309 ..................................
Termination, Modification and Revocation of Permits.
Permitting of Numerous Similar
Facilities.
Permitting of Facilities at Multiple
Temporary Sites.
Application Processing Schedule ..
Section .0310 ..................................
Section .0311 ..................................
Section .0312 ..................................
Section .0313 ..................................
4/1/2018
4/1/2018
4/1/2018
4/1/2018
4/1/2018
Section .0315 ..................................
Expedited Application Processing
Schedule.
General Permitting for All Requirements.
Synthetic Minor Facilities ...............
Section .0316 ..................................
Administrative Permit Amendments
4/1/2018
Section .0317 ..................................
Avoidance Conditions ....................
4/1/2018
Section .0314 ..................................
*
*
*
*
*
*
*
*
[FR Doc. 2021–04066 Filed 2–26–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0344; FRL–10018–
03–Region 4]
Air Plan Approval; North Carolina:
Permits Requiring Public Participation
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of North
Carolina, through the North Carolina
Department of Environmental Quality
(NCDEQ), Division of Air Quality, on
July 10, 2019. This SIP revision seeks to
modify the State’s permitting program
public participation procedures by
adding two types of minor source
permits to the list of permits that must
undergo public participation and by
making minor edits. EPA is approving
this revision pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule is effective March 31,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0344. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
SUMMARY:
VerDate Sep<11>2014
16:15 Feb 26, 2021
Jkt 253001
4/1/2018
4/1/2018
*
EPA approval date
3/1/2021,
tion].
3/1/2021,
tion].
3/1/2021,
tion].
3/1/2021,
tion].
3/1/2021,
tion].
3/1/2021,
tion].
3/1/2021,
tion].
3/1/2021,
tion].
3/1/2021,
tion].
I. Background
EPA is approving changes to the
North Carolina SIP that were provided
to EPA through NCDEQ via a letter
dated July 10, 2019. EPA is approving
this SIP revision which makes changes
PO 00000
Frm 00022
Fmt 4700
[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica-
*
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials can
either be retrieved electronically
through 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: D.
Brad Akers, 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.
Mr. Akers can be reached via electronic
mail at akers.brad@epa.gov or via
telephone at (404) 562–9089.
SUPPLEMENTARY INFORMATION:
Sfmt 4700
Explanation
*
*
to 15A North Carolina Administrative
Code (NCAC) Subchapter 02Q, Section
.0306, Permits Requiring Public
Participation.1 The July 10, 2019, SIP
revision changes to Section .0306 add
two types of permits subject to public
participation and makes several minor
edits, including the removal of obsolete
regulatory references.2 The permits
listed in Section .0306 must undergo
public notice for comments with the
opportunity for the public to request a
public hearing. Pursuant to Section
.0307(d), Public Participation
Procedures, the public comment period
for these permits must last for at least
30 days.
EPA is approving the two additions to
the list of permits requiring public
participation pursuant to CAA section
110 as a SIP-strengthening measure and
40 CFR 51.161. EPA is approving the
remaining changes to Section .0306
because they are minor edits that do not
interfere with attainment and
maintenance of the national ambient air
1 The State submitted the SIP revision following
the readoption of several air regulations, including
.0306, pursuant to North Carolina’s 10-year
regulatory readoption process at North Carolina
General Statute 150B–21.3A.
2 North Carolina’s April 1, 2018, rule revision also
removed paragraph (b) from the state-effective
version of the rule. This paragraph required a 30day public notice period for permits that placed a
physical or operational limitation on a facility to
avoid title V requirements under 15 NCAC 02Q
0500. Furthermore, the revised rule renumbered
paragraph (c) of the state-effective version of the
rule to paragraph (b). However, these changes are
not before EPA for action because (1) the version
of paragraph (b) that the State removed in the April
1, 2018, rule revision is not in the SIP, and (2) the
version of paragraph (b) in the SIP is identical to
the version of paragraph (b) in the April 1, 2018,
rule. See 67 FR 64990 (October 22, 2002).
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]]>Agencies
[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11875-11878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04066]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0186; FRL-10019-56-Region 4]
Air Plan Approval; North Carolina; Revisions to Construction and
Operation Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the North Carolina State Implementation
Plan (SIP) submitted by the State of North Carolina through the North
Carolina Department of Environmental Quality, Division of Air Quality
(DAQ), on July 10, 2019. The SIP revision seeks to modify the State's
construction and operation permitting regulations by making minor
changes that do not significantly alter the meaning of the regulations.
EPA is approving this revision pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective March 31, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0186. 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.
[[Page 11876]]
FOR FURTHER INFORMATION CONTACT: Pearlene Williams, 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. Ms. Williams can also
be reached via phone at (404) 562-9144 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 10, 2019, the State of North Carolina submitted changes to
the North Carolina SIP for EPA approval. EPA is finalizing changes to
the following regulations under 15A North Carolina Administrative Code
(NCAC) Subchapter 02Q,\1\ Section .0300, Construction and Operation
Permits: Section .0301, Applicability; Section .0303, Definitions;
Section .0304, Applications; Section .0305, Application Submittal
Content; Section .0307, Public Participation Procedures; Section .0308,
Final Action on Permit Applications; Section .0309, Termination,
Modification and Revocation of Permits; Section .0310, Permitting of
Numerous Similar Facilities; Section .0311, Permitting of Facilities at
Multiple Temporary Sites; Section .0312, Application Processing
Schedule; Section .0313, Expedited Application Processing Schedule;
Section .0314, General Requirements for All Permits; Section .0315,
Synthetic Minor Facilities; Section .0316, Administrative Permit
Amendments; and Section .0317, Avoidance Conditions.\2\
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\1\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02Q is referred
to as ``Subchapter 2Q Air Quality Permits.''
\2\ The State submitted the SIP revision following the
readoption of several air regulations, including .0301, .0303,
.0304, .0305, .0307, .0308, .0309, .0310, .0311, .0312, .0313,
.0314, .0315, .0316, and .0317, pursuant to North Carolina's 10-year
regulatory readoption process at North Carolina General Statute
150B-21.3A.
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II. Analysis of North Carolina's SIP Revision
The revision that is the subject of this final rulemaking makes
changes to construction and operating permitting regulations under
Subchapter 2Q of the North Carolina SIP. These changes revise the
applicability of permit exemptions, permit application and processing
procedures, and revise related definitions. Details regarding the
background for these changes may be found in the proposed rulemaking
that published October 19, 2020 (85 FR 66296). The comment period for
this rulemaking closed on November 18, 2020. No adverse comments were
received. EPA finds that the changes do not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable CAA requirement.
EPA has determined that the changes to the regulations above
provide clarity to the applicability of permit exemptions, permit
application and processing procedures, and definitions. The changes are
minor changes that do not significantly alter the meaning of the
regulations. The changes to the SIP satisfy CAA section 110(l) and do
not interfere with attainment and maintenance of the national ambient
air quality standards or any other applicable requirement of the Act.
Therefore, EPA is approving the changes to these regulations.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the following
sections of 15A NCAC Subchapter 2Q with a state-effective date of April
1, 2018: Section .0301, Applicability; Section .0303, Definitions;
Section .0304, Applications; Section .0305, Application Submittal
Content; Section .0307, Public Participation Procedures; Section .0308,
Final Action on Permit Applications; Section .0309, Termination,
Modification and Revocation of Permits; Section .0310, Permitting of
Numerous Similar Facilities; Section .0311, Permitting of Facilities at
Multiple Temporary Sites; Section .0312, Application Processing
Schedule; Section .0313, Expedited Application Processing Schedule;
Section .0314, General Requirements for All Permits; Section .0315,
Synthetic Minor Facilities; Section .0316, Administrative Permit
Amendments; and Section .0317, Avoidance Conditions. This finalization
revises the applicability of permit exemptions, revises permit
application and processing procedures, and amends definitions. 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 North Carolina's July 10, 2019, SIP revision,
which contains changes to the following regulations under 15A NCAC
Subchapter 02Q, Section .0300, Construction and Operation Permits:
Section .0301, Applicability; Section .0303, Definitions; Section
.0304, Applications; Section .0305, Application Submittal Content;
Section .0307, Public Participation Procedures; Section .0308, Final
Action on Permit Applications; Section .0309, Termination, Modification
and Revocation of Permits; Section .0310, Permitting of Numerous
Similar Facilities; Section .0311, Permitting of Facilities at Multiple
Temporary Sites; Section .0312, Application Processing Schedule;
Section .0313, Expedited Application Processing Schedule; Section
.0314, General Requirements for All Permits; Section .0315, Synthetic
Minor Facilities; Section .0316, Administrative Permit Amendments; and
Section .0317, Avoidance Conditions. EPA has concluded that these
changes are consistent with the CAA.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
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);
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
[[Page 11877]]
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 30, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Signing Statement
This document of the Environmental Protection Agency was signed on
January 7, 2021, by Mary Walker, Regional Administrator, pursuant to
the Statutory Deadline of the Clean Air Act. That document with the
original signature and date is maintained by EPA. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned EPA Official re-signs the document
for publication, as an official document of the Environmental
Protection Agency. This administrative process in no way alters the
legal effect of this document upon publication in the Federal Register.
Dated: February 23, 2021.
John Blevins,
Acting 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 52.1770 amend table 1 in paragraph (c) under Subchapter 02Q Air
Quality Permits under Section .0300, Construction and Operation Permits
by revising the entries for ``Section .0301'', ``Section .0303'',
``Section .0304'', ``Section .0305'', ``Section .0307'', ``Section
.0308'', ``Section .0309'', ``Section .0310'', ``Section .0311'',
``Section .0312'', ``Section .0313'', ``Section .0314'', ``Section
.0315'', ``Section .0316'', and ``Section .0317'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 2Q Air Quality Permits
Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Section .0301................... Applicability...... 4/1/2018 3/1/2021, [Insert .....................
citation of
publication].
Section .0303................... Definitions........ 4/1/2018 3/1/2021, [Insert .....................
citation of
publication].
Section .0304................... Applications....... 4/1/2018 3/1/2021, [Insert .....................
citation of
publication].
Section .0305................... Application 4/1/2018 3/1/2021, [Insert .....................
Submittal Content. citation of
publication].
* * * * * * *
Section .0307................... Public 4/1/2018 3/1/2021, [Insert .....................
Participation citation of
Procedures. publication].
Section .0308................... Final Action on 4/1/2018 3/1/2021, [Insert .....................
Permit citation of
Applications. publication].
[[Page 11878]]
Section .0309................... Termination, 4/1/2018 3/1/2021, [Insert .....................
Modification and citation of
Revocation of publication].
Permits.
Section .0310................... Permitting of 4/1/2018 3/1/2021, [Insert .....................
Numerous Similar citation of
Facilities. publication].
Section .0311................... Permitting of 4/1/2018 3/1/2021, [Insert .....................
Facilities at citation of
Multiple Temporary publication].
Sites.
Section .0312................... Application 4/1/2018 3/1/2021, [Insert .....................
Processing citation of
Schedule. publication].
Section .0313................... Expedited 4/1/2018 3/1/2021, [Insert .....................
Application citation of
Processing publication].
Schedule.
Section .0314................... General Permitting 4/1/2018 3/1/2021, [Insert .....................
for All citation of
Requirements. publication].
Section .0315................... Synthetic Minor 4/1/2018 3/1/2021, [Insert .....................
Facilities. citation of
publication].
Section .0316................... Administrative 4/1/2018 3/1/2021, [Insert .....................
Permit Amendments. citation of
publication].
Section .0317................... Avoidance 4/1/2018 3/1/2021, [Insert .....................
Conditions. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-04066 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P
