Air Plan Approval; NC; Miscellaneous NSR Revisions and Updates; Updates to References to Appendix W Modeling Guideline, 61548-61555 [2022-21655]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Proposed Rules]
[Pages 61548-61555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21655]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0782; FRL-10215-01-R4]


Air Plan Approval; NC; Miscellaneous NSR Revisions and Updates; 
Updates to References to Appendix W Modeling Guideline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision, submitted by North 
Carolina on April 13, 2021. Specifically, EPA is proposing to approve 
updates to the incorporation by reference of federal new source review 
(NSR) regulations and federal guidelines on air quality modeling in the 
North Carolina SIP. Based on its proposal to approve this revision, EPA 
is also proposing to convert the previous conditional approval 
regarding infrastructure SIP prevention of significant deterioration 
(PSD) elements for the 2015 Ozone National Ambient Air Quality Standard 
(NAAQS) for North Carolina to a full approval. EPA is also proposing to 
approve additional updates to North Carolina's NSR regulations to 
better align them with the federal rules. EPA is proposing to approve 
these changes pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before November 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0782 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally

[[Page 61549]]

not consider comments or comment contents located outside of the 
primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-8085. Mr. Ortiz Borrero can also be reached via electronic 
mail at staff email [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA promulgated a revised primary and secondary 
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts 
per million (ppm) to a new more protective level of 0.070 ppm. See 80 
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIP revisions meeting the applicable 
requirements of section 110(a)(2) within three years after promulgation 
of a new or revised NAAQS or within such shorter period as EPA may 
prescribe. Section 110(a)(2) requires states to address basic SIP 
elements such as requirements for monitoring, basic program 
requirements, and legal authority that are designed to assure 
attainment and maintenance of the NAAQS. This particular type of SIP is 
commonly referred to as an ``infrastructure SIP or iSIP.'' States were 
required to submit such SIP revisions for the 2015 8-hour ozone NAAQS 
to EPA no later than October 1, 2018.\1\
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    \1\ In infrastructure SIP submissions, states generally certify 
evidence of compliance with sections 110(a)(1) and (2) of the CAA 
through a combination of state regulations and statutes, some of 
which have been incorporated into the SIP. In addition, certain 
federally-approved, non-SIP regulations may also be appropriate for 
demonstrating compliance with sections 110(a)(1) and (2).
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    On September 27, 2018, North Carolina met the requirement to submit 
an iSIP for the 2015 8-hour ozone NAAQS by the October 1, 2018, 
deadline. Through previous rulemakings, EPA approved most of the 
infrastructure SIP elements for the 2015 Ozone NAAQS for North 
Carolina.\2\ However, regarding the PSD elements of section 
110(a)(2)(C), (D)(i)(II) (prong 3), and (J) (herein referred to as 
element C, Prong 3, and element J, respectively), EPA conditionally 
approved \3\ these portions of North Carolina's iSIP submission because 
of outdated references to the federal guideline on air quality modeling 
found in Appendix W of 40 CFR part 51.\4\
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    \2\ EPA approved most elements for North Carolina, except for 
the Interstate Transport provisions (Prongs 1 & 2) and the PSD 
provisions (elements C, Prong 3, and J), on March 11, 2020. See 85 
FR 14147. EPA approved the interstate transport provisions (Prongs 1 
& 2) for North Carolina on December 2, 2021. See 86 FR 68413.
    \3\ Under CAA section 110(k)(4), EPA may conditionally approve a 
SIP revision based on a commitment from a state to adopt specific 
enforceable measures by a date certain, but not later than one year 
from the date of approval. If the state fails to meet the commitment 
within one year of the final conditional approval, the conditional 
approval will be treated as a disapproval and EPA will issue a 
finding of disapproval.
    \4\ See 85 FR 20836 (April 15, 2020).
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    For elements C and J to be approved for PSD, a state needs to 
demonstrate that its SIP meets the PSD-related infrastructure 
requirements of these sections. These requirements are met if the 
state's implementation plan includes a PSD program that meets current 
federal requirements. Element D(i)(II) (prong 3) is also approvable 
when a state's implementation plan contains a fully approved, up-to-
date PSD program. EPA's PSD regulations at 40 CFR 51.166(l) require 
that modeling be conducted in accordance with Appendix W, Guideline on 
Air Quality Models. EPA promulgated the most current version of 
Appendix W on January 17, 2017 (82 FR 5182). Therefore, in order to 
approve the iSIP PSD elements for the 2015 8-hour ozone NAAQS, PSD 
regulations in SIPs are required to reference the most current version 
of Appendix W.
    As discussed in the conditional approval for the 2015 ozone iSIP 
PSD elements, North Carolina's SIP contains outdated references to 
Appendix W and the State committed to update the outdated references 
and submit a SIP revision within one year of EPA's final rule 
conditionally approving these PSD elements. Accordingly, North Carolina 
was required to make its submission by April 15, 2021. North Carolina 
met its commitment by submitting SIP revisions to correct the 
deficiencies on or before the deadline. Through this Notice of Proposed 
Rulemaking (NPRM), EPA is now proposing to approve the changes to the 
North Carolina SIP and to convert the conditional approval to full 
approvals for North Carolina, regarding element C, Prong 3, and element 
J, for the 2015 8-hour ozone NAAQS infrastructure SIP.

II. What is EPA's approach to the review of infrastructure SIP 
submissions?

    As discussed above, whenever EPA promulgates a new or revised 
NAAQS, CAA section 110(a)(1) requires states to submit infrastructure 
SIPs that meet the various requirements of CAA section 110(a)(2), as 
applicable. Due to ambiguity in some of the language of CAA section 
110(a)(2), EPA believes that it is appropriate to interpret these 
provisions in the specific context of acting on infrastructure SIP 
submissions. EPA has previously provided comprehensive guidance on the 
application of these provisions through a guidance document for 
infrastructure SIP submissions and through regional actions on 
infrastructure submissions.\5\ Unless otherwise noted below, EPA is 
following that existing approach in acting on this submission. In 
addition, in the context of acting on such infrastructure submissions, 
EPA evaluates the submitting state's implementation plan for facial 
compliance with statutory and regulatory requirements, not for the 
state's implementation of its SIP.\6\ EPA has other authority to 
address any issues concerning a state's implementation of the rules, 
regulations, consent orders, etc. that comprise its SIP.
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    \5\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on the North Carolina infrastructure SIP to address the 2010 
Nitrogen Dioxide NAAQS. See 81 FR 47115 (July 20, 2016).
    \6\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
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III. EPA's Analysis of North Carolina's April 13, 2021, Submittal

    On April 13, 2021, North Carolina submitted a SIP revision to 
address the readoption of several state air quality rules.\7\ Part of 
that submission contains updates to the State's major NSR regulations, 
including updates to the version of 40 CFR part 51, Appendix W, 
incorporated by reference into North Carolina's PSD rules in order to 
meet the PSD Infrastructure SIP requirements for the 2015 8-hour ozone 
NAAQS and to satisfy the April 15, 2020, conditional approval of 
element C, Prong 3, and

[[Page 61550]]

element J of North Carolina's 2015 8-hour ozone NAAQS infrastructure 
SIP. Specifically, the April 13, 2021, SIP revision makes changes to 
North Carolina Rules 15A NCAC 02D .0530, Prevention of Significant 
Deterioration, and .0544, Prevention of Significant Deterioration 
Requirements for Greenhouse Gases.
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    \7\ The April 13, 2021, submission included many North Carolina 
rules which the State requested EPA approve into the SIP. This NPRM 
only proposes approval of changes to 15A NCAC 02D .0530 and .0544. 
All other portions of the April 13, 2021, submission will be or have 
been addressed in separate rulemakings.
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    As explained in Sections III.A and III.B of this preamble, EPA is 
proposing to approve the changes to these regulations into the North 
Carolina SIP, and to convert the conditional approval of element C, 
Prong 3, and element J, of North Carolina's 2015 8-hour ozone NAAQS 
infrastructure SIP to a full approval.

A. 15A NCAC 02D .0530, Prevention of Significant Deterioration

1. Revisions to the North Carolina PSD Rule
    The proposed changes to Rule 02D .0530 in North Carolina's April 
13, 2021, submission include changes to better align with language 
found in the federal PSD regulations at 40 CFR 51.166, as well updating 
the incorporation by reference date to the federal rule.
    In paragraph .0530(a), North Carolina moves the applicability 
provisions that clarify the rule's connection to the federal PSD rules 
found at 40 CFR 51.166, from paragraph .0530(g) to .0530(a). There are 
no substantive changes to the language of the paragraph.
    In paragraph .0530(b), the State rewords prefatory language for 
existing exceptions to the definitions incorporated from the federal 
PSD rules but does not change the meaning of the provision. Next, in 
subparagraph .0530(b)(4), North Carolina deletes ``ammonia'' from the 
PSD provision stating that volatile organic compounds and ammonia are 
not significant precursors to fine particulate matter 
(PM2.5). Removing ammonia from the list of constituents that 
are not significant precursors to PM2.5 aligns with the PSD 
definition of ``regulated NSR pollutant,'' at 40 CFR 
51.166(b)(49)(i)(b), which the State already incorporates by reference. 
EPA does not specifically address ammonia in the PSD regulations, so 
the SIP revision does not change how ammonia is treated with respect to 
attainment or unclassifiable areas. The SIP revision also makes other 
minor changes to subparagraph (b)(4) such as changing formatting and 
minor wording changes.
    The revision adds subparagraph .0530(b)(5) to specify different 
language from 40 CFR 51.166(b)(49)(i)(a). The federal regulation states 
that as of January 1, 2011, condensable coarse PM (PM10) and 
PM2.5 ``shall be accounted for in applicability 
determinations and in establishing emissions limitations for 
PM2.5 and PM10 in PSD permits.'' The version of 
subparagraph .0530(b)(5) in the SIP revision provides instead that, 
``starting January 1, 2011, in addition to PM10 and 
PM2.5, for particulate matter (PM), condensable particulate 
matter shall be accounted for in applicability determinations and in 
establishing emissions limitations for each of these regulated NSR 
pollutants in PSD permits.'' In this case, NCDAQ requirements are more 
stringent by requiring that total PM be accounted for, including total 
condensable PM, whereas the federal provisions only account for 
condensable PM10 and PM2.5. See 77 FR 65107 
(October 25, 2012).
    Next, North Carolina clarifies the compliance requirements for 
major stationary sources and major modifications at paragraph .0530(g). 
Paragraph .0530(g) previously stated that major sources and major 
modifications had to comply with requirements in 40 CFR 51.166(a)(7) 
and (i) and in 40 CFR 51.166(j) through (o) and (w). North Carolina 
modifies this sentence to read that these projects shall comply with 
requirements in 51.166(a)(7) and (i) and in 51.166(j) through (r) and 
(w), which now includes paragraphs (p)-(r).
    The North Carolina SIP already covered the provisions of 
subparagraph 51.166(p)(1), (p)(3), and (p)(4)-(7) regarding impacts to 
federal Class I areas at paragraph .0530(q). The existing SIP does not 
include a reference to subparagraph 51.166(p)(2) because this provision 
is a general statement affirming the federal land manager's 
responsibility to manage Class I areas and to ``consider, in 
consultation with the Administrator, whether a proposed source or 
modification would have an adverse impact on'' air quality related 
values such as visibility. States are not required to include this 
provision in SIPs. This provision merely describes responsibilities of 
federal land managers and is true whether or not North Carolina 
specifically includes it in the SIP. However, the SIP would now include 
subparagraph (p)(2) with the update to paragraph .0530(g). 
Additionally, 40 CFR 51.166(r)(1) is already covered by paragraph 
.0530(s), and 40 CFR 51.166(r)(2) is already covered by paragraph 
.0530(k). Moreover, paragraph .0530(u) covered the requirements of 40 
CFR 51.166(r)(6) and (r)(7) in a different, but more stringent manner, 
and this paragraph continues to outline different and more stringent 
requirements than the federal minimum requirements. Paragraph .0530(u) 
is discussed in more detail below. Finally, paragraph .0530(r) provides 
procedures and requirements for processing permit applications and 
covers 40 CFR 51.166(q) and continues to do so.
    Next, North Carolina revises its monitoring and recordkeeping 
requirements in subparagraph .0530(u) for projects which do not trigger 
PSD requirements, but which make use of ``projected actual emissions'' 
for determining applicability. For sources that rely on ``projected 
actual emissions'' to determine PSD applicably, the federal NSR rules 
require recordkeeping and reporting for a modification that does not 
trigger major NSR when there could be a ``reasonable possibility'' that 
a project may result in a significant emissions increase of a regulated 
NSR pollutant.
    Specifically, 40 CFR 51.166(r)(6)(vi)(a) provides that a 
``reasonable possibility'' under paragraph (r)(6) occurs when a 
projected actual emissions increase is at least 50 percent of the 
amount that is a ``significant emissions increase,'' without reference 
to the amount that is a significant net emissions increase, for the 
regulated NSR pollutant. If a ``reasonable possibility'' occurs only as 
defined by paragraph (r)(6)(vi)(a), then the documentation of the 
project and ongoing recordkeeping and reporting requirements at 
(r)(6)(i)-(v) apply. Alternatively, 40 CFR 51.166(r)(6)(vi)(b) provides 
that a reasonable possibility occurs when a projected actual emissions 
increase that, added to the amount of emissions excluded under 
paragraph (b)(40)(ii)(c), sums to at least 50 percent of the amount 
that is a ``significant emissions increase,'' without reference to the 
amount that is a significant net emissions increase, for the regulated 
NSR pollutant. The amount of emissions excluded at 40 CFR 
51.166(b)(40)(ii)(c) is ``that portion of the unit's emissions 
following the project that an existing unit could have accommodated 
during the consecutive 24-month period used to establish the baseline 
actual emissions.'' If a ``reasonable possibility'' occurs only as 
defined by (r)(6)(vi)(b), then the documentation and recordkeeping 
requirements of 40 CFR 51.166(r)(6)(i) apply, but the recordkeeping and 
reporting requirements at (r)(6)(ii)-(v) do not apply.
    When North Carolina adopted NSR reform provisions, the State did 
not adopt the federal ``reasonable possibility'' standard. Instead, the 
State

[[Page 61551]]

adopted recordkeeping and reporting requirements in Rule .0530(u) that 
apply to all modifications that use ``projected actual emissions'' to 
determine applicability.\8\ The SIP-approved version of this rule 
requires the owner or operator of a source with such a modification to 
submit a notification to NCDAQ before beginning construction that 
contains the information in .0530(u)(1)-(5), which is analogous to the 
information in 40 CFR 51.166(r)(6)(i). EPA incorporated this rule into 
North Carolina's SIP on August 10, 2011. See 76 FR 49313. The federal 
regulations only require the owner or operator to submit documentation 
under 40 CFR 51.166(r)(6)(i) to the permitting authority pursuant to 40 
CFR 51.166(r)(6)(ii) for projects at existing electric generating units 
that present a ``reasonable possibility'' pursuant to 40 CFR 
51.166(r)(6)(vi)(a). Therefore, the universe of projects which must 
provide the notification information to the NCDAQ Director is greater 
than that covered by 40 CFR 51.166(r)(6)(vi)(b).
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    \8\ The revised rule clarifies that .0530(u) applies in lieu of 
the requirements of 40 CFR 51.166(r)(6) and (7).
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    The modified rule, however, narrows the universe of projects which 
must comply with the ongoing recordkeeping and reporting requirements 
in paragraph .0530(u) by including a 50 percent or greater threshold 
similar to the federal reasonable possibility rule at 
51.166(r)(6)(vi)(a). Under the SIP-approved version of the paragraph, 
owners or operators using projected actual emissions are subject to 
ongoing recordkeeping and reporting requirements if a permit revision 
is not required. North Carolina's rule revision requires the owner or 
operator of projects that would meet the reasonable possibility 
criteria of rule 51.166(r)(6)(vi)(a) to submit a permit application to 
NCDAQ to include a permit condition with specific monitoring, 
recordkeeping, and reporting of annual emissions for 10 years if the 
project involves increasing the emissions unit's design capacity or its 
potential to emit for the regulated NSR pollutant, which is not 
expressly required under the federal reasonable possibility rule.
    Although these changes would reduce the number of sources covered 
by the ongoing recordkeeping and reporting requirements in paragraph 
.0530(u), the sources subject to these requirements would now match 
those in the federal reasonable possibility rule under 
51.166(r)(6)(vi)(a), and when adopting the federal rule, EPA concluded 
that the 50 percent threshold would capture most if not all projects 
that have a higher probability of variability or error in projected 
emissions and provided certainty for the regulated community and 
reviewing authorities. See 72 FR 72610, December 21, 2007. Furthermore, 
revised paragraph .0530(u) still requires a greater universe of 
projects to undertake the initial documentation and recordkeeping than 
the federal regulations, and still goes a step further to require that 
the initial documentation is provided to the NCDAQ Director instead of 
only being maintained on site. The revised rule also now requires 
permit conditions to provide for ongoing monitoring, recordkeeping, and 
reporting for sources that meet North Carolina's reasonable possibility 
threshold. For these reasons, EPA proposes to find that the changes to 
paragraph .0530(u) would not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable CAA requirement.
    Next, North Carolina updates the incorporation by reference date of 
40 CFR 51.166 in paragraph .0530(v) from July 1, 2014, to July 1, 2019, 
for portions of the CFR that are referred to in Rule .0530 and revises 
the direct link to the new CFR version at 02D 
.0530(v).9 10 11 12 13 Additionally, the State adds a 
sentence to paragraph .0530(v) stating that ``[f]ederal regulations 
referenced in 40 CFR 51.166 shall include subsequent amendments and 
editions.'' This addition ensures that North Carolina's PSD rule will 
automatically incorporate updates to rules cross-referenced in 40 CFR 
51.166.
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    \9\ In this NPRM, EPA is not proposing to incorporate language 
to implement the equipment replacement provision under routine 
maintenance repair and replacement, as provided in EPA's October 27, 
2003, rule. See 68 FR 61248. Specifically, EPA is not acting on the 
incorporation by reference of the 2003 changes to 40 CFR 
51.166(b)(2)(iii)(a), the incorporation by reference of 40 CFR 
51.166(b)(53) through (b)(56), or 51.166(y). Instead, the version of 
40 CFR 51.166(b)(2)(iii)(a) approved into the SIP would remain March 
15, 1996. The 2003 changes and new provisions were in the version of 
the federal rule incorporated by North Carolina, but prior to this 
were vacated by the Circuit Court of Appeals for the District of 
Columbia. See New York v. EPA, 443 F.3d 880 (D.C. Cir. 2006). EPA 
subsequently removed the vacated provisions from the CFR. See 86 FR 
37918 (July 19, 2021). NCDAQ provided a letter to EPA dated 
September 6, 2022, clarifying that it is not requesting approval of 
these provisions into the North Carolina SIP.
    \10\ In this NPRM, EPA is not proposing to act on provisions 
addressing the treatment of fugitive emissions, as provided in EPA's 
December 19, 2008, rule. See 73 FR 77882. Specifically, EPA is not 
acting on the incorporation by reference of 40 CFR 51.166(b)(2)(v) 
nor 51.166(b)(3)(iii)(d). EPA subsequently published a final rule 
placing an indefinite stay on the effective date of these 
provisions. See 76 FR 17548 (March 30, 2011). NCDAQ provided a 
letter to EPA dated September 6, 2022, clarifying that it is not 
requesting approval of these provisions into the North Carolina SIP.
    \11\ In this NPRM, EPA is not proposing to incorporate a 
provision removing nonattainment NSR for revoked NAAQS where the 
area is attainment for the current NAAQS (``orphan nonattainment 
areas''), as provided in the implementation rule for the 2008 8-hour 
ozone NAAQS at 40 CFR 51.166(i)(2). See 80 FR 12264 (March 6, 2015). 
This provision was in the version of the federal rule incorporated 
by North Carolina. Instead, the version of 40 CFR 51.166(i)(2) 
incorporated by reference at 02D .0530 would remain July 1, 2014. 
The Circuit Court of Appeals for the District of Columbia vacated 
the ability to remove nonattainment NSR from such orphan 
nonattainment areas in the absence of formal redesignation to 
attainment or unclassifiable for that NAAQS. See South Coast Air 
Quality Management District v. EPA, 882 F.3d 1138 (D.C. Cir. 2018). 
NCDAQ provided a letter to EPA dated September 6, 2022, clarifying 
that it is not requesting approval of this provision into the North 
Carolina SIP. Such a provision would not have been operable in the 
North Carolina SIP, as all nonattainment areas for the 1997 8-hour 
ozone NAAQS were redesignated prior to the revocation of the NAAQS, 
and the 1997 annual PM2.5 NAAQS is only revoked for areas 
first redesignated.
    \12\ In this NPRM, EPA is not proposing to incorporate the 
grandfathering provision for the 2015 8-hour ozone NAAQS at 40 CFR 
51.166(i)(11)(ii). See 80 FR 65292 (October 26, 2015). This 
provision was in the version of the federal rule incorporated by 
North Carolina, but was later vacated by the Circuit Court of 
Appeals for the District of Columbia. Sierra Club v. EPA, 936 F.3d 
597 (D.C. Cir. 2019). EPA subsequently removed the vacated provision 
from the CFR. See 86 FR 37918 (July 19, 2021). NCDAQ provided a 
letter to EPA dated September 6, 2022, clarifying that it is not 
requesting approval of this provision into the North Carolina SIP.
    \13\ On August 19, 2015, EPA revised the PSD program to remove 
vacated elements regarding the regulation of greenhouse gas (GHG) 
sources referred to as ``Step 2'' or ``GHG-only'' sources. See 80 FR 
50199. North Carolina regulates GHG sources for the purposes of 
implementing the PSD program at Rule 02D .0544, and therefore, this 
change will be addressed more specifically under Section III.B of 
this NPRM which discusses Rule 02D .0544.
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2. Revisions Based on the IBR Update
    With the change to the IBR date, there are several provisions of 40 
CFR 51.166 referenced in the State's PSD program that have changed, 
which are discussed herein.
    NCDAQ's updated IBR date would change the definition of ``building, 
structure, facility, or installation'' at Rule 02D .0530(b) based on 
EPA's updated definition.\14\ Specifically, EPA updated 40 CFR 
51.166(b)(6), containing the definition of a ``building, structure, 
facility, or installation,'' to address onshore oil and gas extraction 
activities in a June 3, 2016, final rulemaking. See 81 FR 35622. EPA 
added paragraph (b)(6)(ii), which allows SIPs to include a different 
provision for what is considered a ``building, structure,

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facility, or installation'' with respect to Standard Industrial 
Classification Group 13 for onshore oil and gas extraction activities. 
Pollutant-emitting activities in this SIC group are considered to be 
adjacent under this provision ``if they are located on the same surface 
site; or if they are located on surface sites that are located within 
\1/4\ mile of one another . . . and they share equipment.'' The effect 
of this change is that permitting is simplified for these activities, 
and there is a bright line beyond which oil and gas extraction 
activities on different surface sites do not need to be aggregated as a 
single stationary source. Therefore, with this change, fewer onshore 
oil and gas projects may be considered major. EPA noted in the June 3, 
2016, final rule that these changes to paragraph (b)(6), in conjunction 
with the landscape of updated emissions controls for this sector, is 
not likely to have adverse impacts on air quality, and that other 
factors such as ``the location of the underground mineral assets, 
advances in drilling technology that allow multiple wells to be drilled 
from one surface site, restrictions on well spacing imposed by a state 
agency such as an oil and gas conservation commission, and the 
restrictions imposed by the owner of the surface land'' are more likely 
to affect the owner's or operator's selection of spacing of these 
activities than this rule change.\15\ See 81 FR 35622 (June 3, 2016) 
for more information on EPA's rationale for the revised definition. 
NCDAQ confirmed that this revised definition of ``building, structure, 
facility, or installation'' at 40 CFR 51.166(b)(6)(ii) is included in 
the State's revised PSD program as portions of 40 CFR 51.166 that allow 
the State to exempt or not apply certain requirements in certain 
circumstances are adopted under the State's PSD Rule.\16\
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    \14\ Changing the definition of ``building, structure, facility, 
or installation'' effectively changes the definition of ``stationary 
source'' for purposes of PSD permitting because ``stationary 
source'' is defined as ``any building, structure, facility, or 
installation which emits or may emit a regulated NSR pollutant.''
    \15\ Also note that the North Carolina SIP prohibits certain 
sources from causing an exceedance of an air quality standard or 
contributing to a violation of such standards (see 15A NCAC 02D 
.0401(c)), and includes a minor NSR construction permitting program 
for new minor sources and minor modifications to existing sources 
(see 15A NCAC 02Q .0300).
    \16\ See the document entitled ``Call between Region 4 of the 
Environmental Protection Agency (EPA) and the North Carolina 
Department of Environmental Quality's Division of Air Quality 
(NCDAQ) regarding 15A NCAC 02D .0530, Prevention of Significant 
Deterioration,'' which is included in the docket for this proposed 
action.
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    Next, NCDAQ's paragraph .0530(r) provides procedures and 
requirements for processing permit applications and incorporates EPA's 
public notice provisions at 40 CFR 51.166(q). EPA issued a final rule 
on October 18, 2016, that provided permitting authorities with the 
ability to public notice draft permits and permitting decisions for 
major sources, including for PSD through revisions to 40 CFR 51.166(q), 
on a website identified by the reviewing authority as a possible 
alternative to newspaper notices. See 81 FR 71613. NCDAQ's updated IBR 
date would reference the modified language at 40 CFR 51.166(q) which 
provides at (q)(2)(iii) that the required notifications ``may be made 
on a website identified by the reviewing authority,'' and that the 
selected notification method, the ``consistent noticing method,'' 
``shall be used for all permits subject to notice under this section 
and may, when appropriate, be supplemented by other noticing methods on 
individual permits.''
    The ability to use a website as the exclusive method for 
notification as an alternative to newspaper noticing for PSD permits 
requires the reviewing authority to select electronic notification as 
its ``consistent noticing method'' for all PSD permits. There is no 
language in Rule .0530 or the SIP revision that identifies electronic 
notification as NCDAQ's ``consistent noticing method'' for its PSD 
permits nor is a website for such notices identified. Therefore, 
although NCDAQ may include public notice via a website identified by 
the State, NCDAQ must also continue to public notice all of these 
permits via ``advertisement in a newspaper of general circulation in 
each region in which the proposed source would be constructed'' until 
the State submits a SIP revision selecting electronic notice as its 
``consistent noticing method'' and EPA approves that revision.\17\
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    \17\ See the document entitled ``Call between Region 4 of the 
Environmental Protection Agency (EPA) and the North Carolina 
Department of Environmental Quality's Division of Air Quality 
(NCDAQ) Regarding 15A NCAC 02D .0530, Prevention of Significant 
Deterioration,'' which is included in the docket for this proposed 
action.
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    Finally, the updated incorporation by reference of federal PSD 
provisions captures EPA's updated air quality modeling procedures. As 
part of EPA's April 15, 2020, conditional approval of infrastructure 
SIP requirements for PSD for the 2015 8-hour ozone NAAQS, North 
Carolina committed to update its PSD regulations to reference the most 
current version of Appendix W to part 51. See 85 FR 20836. EPA approved 
the most recent version of Appendix W on January 17, 2017 (82 FR 5182), 
so North Carolina's incorporation by reference of the federal PSD rules 
with a date of July 1, 2019, includes the provisions found in paragraph 
51.166(l), Air Quality Models, which requires use of the latest 
approved version of Appendix W when carrying out air quality modeling 
for PSD purposes. Also note that the language discussed above that the 
State adds to paragraph .0530(v) to include subsequent amendments and 
editions of federal regulations referenced in 40 CFR 51.166 ensures 
that North Carolina's PSD rule will automatically incorporate the most 
up-to-date version of Appendix W because it is cross-referenced in 40 
CFR 51.166(l). Therefore, EPA proposes to find that these changes 
resolve EPA's April 15, 2020, conditional approval of North Carolina's 
September 27, 2018, 2015 8-hour ozone infrastructure SIP submission 
addressing PSD-related requirements of CAA sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J), and EPA is proposing 
to convert the conditional approval to a full approval.
    The changes to North Carolina's PSD regulation at Rule 2D .0530 are 
either consistent with or more stringent than federal requirements and 
would not interfere with any applicable requirement concerning 
attainment or reasonable further progress or any other applicable CAA 
requirement. For these reasons, as detailed above, EPA is proposing to 
approve the aforementioned changes to 2D .0530 into the North Carolina 
SIP.

B. 15A NCAC 02D .0544, Prevention of Significant Deterioration 
Requirements for Greenhouse Gases

1. Revisions to the North Carolina GHGs PSD Rule
    As part of the April 13, 2021, submission, North Carolina also 
includes changes to the State's PSD requirements for Greenhouse Gases 
(GHGs) found at Rule 02D .0544. The updates include clarification to 
the applicability of the rule; changes to requirements for monitoring, 
recordkeeping, and reporting; an update to the incorporation by 
reference date of 40 CFR 51.166; and other minor changes such as 
typographical changes.
    In paragraph .0544(a), similar to paragraph .0530(a) in the 
companion PSD rule, North Carolina moves the applicability provisions 
that clarify the rule's connection to the federal PSD rules found at 40 
CFR 51.166, from paragraph .0544(f) to .0544(a). Next, North Carolina 
clarifies the compliance requirements for these sources by revising a 
reference to 40 CFR 51.166 at paragraph .0544(f). Paragraph .0544(f) 
previously stated that major sources and major modifications had to 
comply with requirements in 40 CFR 51.166(i) and (a)(7) and in 
51.166(j) through (o) and

[[Page 61553]]

(w). North Carolina modifies this sentence to read that these projects 
shall comply with requirements in 51.166(i) and (a)(7) and in 51.166(j) 
through (r) and (w), which now includes paragraphs (p)-(r). NCDAQ 
already included the provisions of paragraphs 51.166(p)(1), (p)(3), and 
(p)(4)-(7) regarding impacts to federal Class I areas at Rule 02D 
.0530(q). Rule 02D .0544 did not expressly cover paragraph 40 CFR 
51.166(p) because air quality related values in federal Class I areas 
such as visibility are covered by Rule 02D .0530.\18\ However, 
paragraph .0544(f) now also includes a reference to paragraph 
51.166(p). This is not a true change to the North Carolina SIP because 
if GHGs are regulated for PSD--because another regulated NSR pollutant 
has triggered PSD--Class I protections also already apply wherever 
there may be impacts, pursuant to Rule 02D .0530(q).
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    \18\ See, e.g., ``PSD and Title V Permitting Guidance for 
Greenhouse Gases'' U.S. Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Air Quality Policy Division, 
Research Triangle Park, NC. EPA-457/B-11-001 (March 2011). Available 
at: https://www.epa.gov/sites/default/files/2015-12/documents/ghgpermittingguidance.pdf.
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    Additionally, 40 CFR 51.166(r)(1) is already covered by paragraph 
.0544(m), and 40 CFR 51.166(r)(2) is already covered by paragraph 
.0544(i). Moreover, paragraph .0544(n) is covered the requirements of 
40 CFR 51.166(r)(6)-(7) in a different, but more stringent manner, and 
this paragraph continues to outline different and more stringent 
requirements than the federal minimum requirements. Paragraph .0544(n) 
is discussed in more detail below. Paragraph .0544(l) provides 
procedures and requirements for processing permit applications and also 
covers 40 CFR 51.166(q) and continues to do so. Additionally, the 
language previously approved at .0544(f) regarding the transition 
provisions at 40 CFR 52.21(i)(11)(i) and (ii) and 40 CFR 
52.21(m)(1)(vii)-(viii) is removed. These transition provisions 
functioned for a short time \19\ as grandfathering provisions in moving 
from total suspended particulates as the indicator of a PM NAAQS to 
PM10 and have recently been removed from 40 CFR 52.21.\20\ 
EPA notes that this language would never have functioned in Rule 02D 
.0544 because it does not relate to GHGs. Therefore, the removal of 
this PM10 grandfathering language is clarifying in nature.
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    \19\ The exemption at 40 CFR 52.21(i)(11)(i) for air quality 
monitoring required at 40 CFR 52.21(m)(1)(i)-(iv) of PM10 
functioned for PSD permit applications received on or before June 1, 
1988. The exemption at 40 CFR 52.21(i)(11)(ii) relating to air 
quality monitoring required at 40 CFR 52.21(m)(1)(iii)-(iv) and 
(m)(3) functioned for PSD permit applications received after June 1, 
1988, but no later than December 1, 1988. See 52 FR 24672 (July 1, 
1987).
    \20\ See 86 FR 37918 (July 19, 2021).
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    The State then makes changes to paragraph .0544(h) to align with 
paragraph .0530(j) by eliminating a reference to Rule 02Q .0302. 
Previously, paragraph .0544(h) specified that Rule 02Q .0302 did not 
apply to sources subject to Rule 02D .0544. However, Rule 02Q .0302, 
Facilities Not Likely to Contravene Demonstration, which provided 
exemptions from the requirement to obtain minor NSR construction 
permits, is repealed and was never approved as part of the North 
Carolina SIP. Therefore, there is no need to specify that this repealed 
regulation is not applicable to sources that trigger PSD.
    Next, North Carolina makes changes in paragraph .0544(n) that 
conform to the changes made to companion PSD paragraph .0530(u), 
described in greater detail above. Like the PSD changes discussed in 
Section III.A.1 of this NPRM, the North Carolina regulations remain 
more stringent than the federal requirements by (1) requiring all 
projects utilizing the ``projected actual emissions'' approach to 
document the project details and notify NCDAQ of the project,\21\ which 
is more stringent than the documentation and initial recordkeeping 
requirements of 51.166(r)(6)(i), and (2) requiring those projects which 
calculate a ``projected actual emissions'' increase pursuant to 40 CFR 
51.166(b)(40)(ii)(a) and (ii)(b), minus the baseline actual emissions, 
without reference to the amount that is a significant net emissions 
increase, of 50 percent or greater of the amount that is a significant 
emissions increase for the regulated NSR pollutant to include 
monitoring, recordkeeping, and reporting (consistent with 
51.166(r)(6)(ii)-(v)) in the issued permit.
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    \21\ Notification ``shall include: (1) a description of the 
project; (2) identification of sources whose emissions could be 
affected by the project; (3) the calculated projected actual 
emissions and an explanation of how the projected actual emissions 
were calculated, including identification of emissions excluded by 
40 CFR 51.166(b)(40)(ii)(c); (4) the calculated baseline actual 
emissions in Subparagraph (b)(1) of this Rule an explanation of how 
the baseline actual emissions were calculated; and (5) any netting 
calculations, if applicable.'' See 15A NCAC 02D .0544(n).
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    The State then makes several changes to paragraph .0544(o). First, 
North Carolina updates the incorporation by reference date of 40 CFR 
51.166 from July 20, 2011, to July 1, 2019, and revises the direct link 
to the new CFR version. Next, like changes made to 02D .0530(v), the 
State adds a sentence to paragraph .0544(o) stating that ``[f]ederal 
regulations referenced in 40 CFR 51.166 shall include subsequent 
amendments and editions.'' This addition ensures that North Carolina's 
PSD GHG rule will automatically incorporate updates to rules cross-
referenced in 40 CFR 51.166.
2. Revisions Based on the IBR Update
    There are several changes included in the PSD program with the 
change to the IBR date. The relevant changes related to GHGs in this 
timeframe covered by the update are discussed in this section.
    On January 2, 2011, GHG emissions were, for the first time, covered 
by the PSD and title V operating permit programs. See 75 FR 17004 
(April 2, 2010). To establish a process for phasing in the permitting 
requirements for stationary sources of GHGs under the CAA's PSD and 
title V programs, on June 3, 2010, EPA published a final rule entitled 
``Prevention of Significant Deterioration and Title V Greenhouse Gas 
Tailoring Rule'' (hereinafter referred to as the ``GHG Tailoring 
Rule''). See 75 FR 31514. In Step 1 of the GHG Tailoring Rule, which 
began on January 2, 2011, EPA limited application of PSD and title V 
requirements to sources and modifications of GHG emissions, but only if 
they were subject to PSD or title V ``anyway'' due to their emissions 
of pollutants other than GHGs. These sources and modifications covered 
under Step 1 are commonly referred to as ``anyway sources'' and 
``anyway modifications,'' respectively.
    In Step 2 of the GHG Tailoring Rule, which applied as of July 1, 
2011, the PSD and title V permitting requirements extended beyond the 
sources and modifications covered under Step 1 to apply to sources that 
were classified as major sources based solely on their GHG emissions or 
potential to emit GHGs. Step 2 also applied PSD permitting requirements 
to modifications of otherwise major sources that would increase only 
GHG emissions above the level in the federal PSD regulations. EPA 
generally described the sources and modifications covered by PSD under 
Step 2 of the Tailoring Rule as ``Step 2 sources and modifications'' or 
``GHG-only sources and modifications.''
    Subsequently, EPA published Step 3 of the GHG Tailoring Rule on 
July 12, 2012. See 77 FR 41051. In this rule, EPA decided against 
further phase-in of the PSD and title V requirements for sources 
emitting lower levels of GHG emissions. Thus, the thresholds for 
determining PSD and title V applicability based on emissions of GHGs 
remained the same as established in Steps 1 and 2 of the Tailoring 
Rule.

[[Page 61554]]

    On June 23, 2014, the U.S. Supreme Court addressed the application 
of stationary source permitting requirements to GHG emissions in 
Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). The 
Supreme Court upheld EPA's regulation of GHG Step 1--or ``anyway'' 
sources--but held that EPA may not treat GHGs as air pollutants for the 
purpose of determining whether a source is a major source (or is 
undergoing a major modification) and thus require the source to obtain 
a PSD or title V permit. Therefore, the Court invalidated the PSD and 
title V permitting requirements for GHG Step 2 sources and 
modifications.
    In accordance with the Supreme Court's decision, on April 10, 2015, 
the United States Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) issued an Amended Judgment vacating the regulations that 
implemented Step 2 of the GHG Tailoring Rule, but not the regulations 
that implement Step 1 of the GHG Tailoring Rule. See Coalition for 
Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir. 
2015). The Amended Judgment specifically vacated the EPA regulations 
under review (including 40 CFR 51.166(b)(48)(v) and 40 CFR 
52.21(b)(49)(v)) ``to the extent they require a stationary source to 
obtain a PSD permit if greenhouse gases are the only pollutant (i) that 
the source emits or has the potential to emit above the applicable 
major source thresholds, or (ii) for which there is a significant 
emissions increase from a modification.'' Id. at 7-8.
    EPA subsequently promulgated a good cause final rule on August 19, 
2015, entitled ``Prevention of Significant Deterioration and Title V 
Permitting for Greenhouse Gases: Removal of Certain Vacated Elements.'' 
See 80 FR 50199 (August 19, 2015) (hereinafter referred to as the 
``Good Cause GHG Rule''). The rule removed from the federal regulations 
the portions of the PSD permitting provisions for Step 2 sources that 
were vacated by the D.C. Circuit (i.e., 40 CFR 51.166(b)(48)(v) and 
52.21(b)(49)(v)). EPA therefore no longer has the authority to conduct 
PSD permitting for Step 2 sources, nor can the Agency approve 
provisions submitted by a state for inclusion in its SIP providing this 
authority. On October 3, 2016, EPA proposed to revise provisions in the 
PSD permitting regulations applicable to GHGs to address the GHG 
applicability threshold for PSD in order to fully conform with UARG and 
the Amended Judgment, but those revisions have not been finalized. See 
81 FR 68110 and 81 FR 81711.
    North Carolina regulates GHG sources for the purposes of 
implementing the PSD program at Rule 02D .0544, and the State's updated 
IBR date of 40 CFR 51.166(b) includes this update to the definition of 
``subject to regulation'' at (b)(48) included in EPA's August 19, 2015, 
Good Cause GHG Rule. However, on August 8, 2019, EPA approved a January 
12, 2018, SIP revision to modify the applicability procedures at Rule 
02D .0544(a) to specify that a ``major stationary source or major 
modification shall not be required to obtain a prevention of 
significant deterioration (PSD) permit on the sole basis of its 
greenhouse gases emissions.'' See 84 FR 38876. The intent and effect of 
the January 12, 2018, SIP revision was to address the D.C. Circuit 
court's vacatur of GHG-only or ``Step 2'' provisions in the federal PSD 
regulations. Therefore, the North Carolina SIP already contains a 
provision addressing the UARG decision, which vacated the ability to 
regulate GHG-only sources under the PSD program.\22\ The change to the 
definition of ``subject to regulation'' at 40 CFR 51.166(b)(48) made in 
EPA's August 19, 2015, final rule is incorporated in the April 13, 
2021, SIP revision, which aligns the North Carolina definitions with 
the federal regulations and with North Carolina's approved 
applicability procedures. See EPA's August 8, 2019, final action for 
further details on how the January 12, 2018, SIP revision revised the 
North Carolina PSD program for regulating GHGs.
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    \22\ North Carolina supplemented its January 12, 2018, submittal 
on March 4, 2019, to, among other things, exclude the incorporation 
by reference of the provisions of the Biomass Deferral Rule. See 76 
FR 43490 (July 20, 2011). For further discussion on the March 4, 
2019, letter, refer to EPA's May 23, 2019, NPRM (84 FR 23750). 
Therefore, EPA understands that North Carolina continues to not 
adopt the Biomass Deferral Rule provisions in this IBR update of 40 
CFR 51.166 provisions. EPA has since removed this Biomass Deferral 
Rule language from the CFR. See 86 FR 37918 (July 19, 2021).
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    Finally, similar to changes made to 02D .0530(v), the updated 
incorporation by reference of federal PSD provisions captures EPA's 
updated air quality modeling procedures. As part of EPA's April 15, 
2020, conditional approval of infrastructure SIP requirements for PSD 
for the 2015 8-hour ozone NAAQS, North Carolina committed to update its 
PSD regulations to reference the most current version of Appendix W to 
part 51. See 85 FR 20836. EPA approved the most recent version of 
Appendix W on January 17, 2017 (82 FR 5182), so North Carolina's 
incorporation by reference of the federal PSD rules with a date of July 
1, 2019, includes the provisions found in paragraph 51.166(l), Air 
Quality Models, which requires use of the latest approved version of 
Appendix W when carrying out air quality modeling for PSD purposes. 
Also note that the language discussed above that the State adds to 
paragraph .0544(o) to include subsequent amendments and editions for 
federal regulations referenced in 40 CFR 51.166 will automatically 
incorporate the most up-to-date version of Appendix W because it is 
cross-referenced in 40 CFR 51.166(l). Therefore, EPA proposes to find 
that these changes resolve EPA's April 15, 2020, conditional approval 
of North Carolina's September 27, 2018, 2015 8-hour ozone 
infrastructure SIP submission addressing the PSD-related requirements 
of element C, Prong 3, and element J, and EPA is proposing to convert 
the conditional approval to a full approval.
    The changes to North Carolina's PSD regulation for GHGs, 02D .0544, 
are either consistent with or more stringent than federal requirements 
and would not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable CAA 
requirement. For these reasons, as detailed above, EPA is proposing to 
approve the aforementioned changes to Rule 02D .0544 into the North 
Carolina SIP.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, and as discussed in Section III of 
this preamble, EPA is proposing to incorporate by reference North 
Carolina regulations 15A NCAC 02D .0530, ``Prevention of Significant 
Deterioration,'' state effective on October 1, 2020, and .0544, 
``Prevention of Significant Deterioration Requirements for Greenhouse 
Gases,'' state effective on November 1, 2020.\23\

[[Page 61555]]

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).
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    \23\ EPA is not proposing to approve the October 1, 2020, state 
effective version of Rule 02D .0530 to the extent the rule would 
incorporate by reference 40 CFR 51.166(b)(2)(iii)(a) as of July 1, 
2019. Instead, the version of 40 CFR 51.166(b)(2)(iii)(a) approved 
into the SIP would remain March 15, 1996, with a state effective 
date of November 21, 1996. See 64 FR 55831 (October 15, 1999). EPA 
is not proposing to approve the October 2020, state effective 
version of Rule 02D .0530 to the extent the rule would incorporate 
by reference 40 CFR 51.166(i)(2). Instead, the version of 40 CFR 
51.166(i)(2) approved into the SIP would remain July 1, 2014, 
approved with a state effective date of September 1, 2017. See 83 FR 
45827 (September 11, 2018). Finally, EPA is not proposing to approve 
the October 1, 2020, state effective version of Rule 02D .0530 to 
the extent the rule would incorporate by reference the following 
federal provisions: 40 CFR 51.166(b)(2)(v), 51.166(b)(3)(iii)(d), 
51.166(b)(53)-(56), 51.166(i)(11)(ii), and 51.166(y). If EPA 
finalizes this action, the Agency will update the SIP table at 40 
CFR 52.1770(c) to reflect these exceptions.
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V. Proposed Action

    EPA is proposing to approve changes to the North Carolina SIP and 
convert the conditional approval for element C, Prong 3, and element J, 
for the 2015 8-hour ozone Infrastructure SIP to a full approval. 
Specifically, EPA is proposing to approve changes to North Carolina 
Rules 15A NCAC 02D .0530, Prevention of Significant Deterioration, and 
.0544, Prevention of Significant Deterioration Requirements for 
Greenhouse Gases.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
proposes to approve state law as meeting federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 a 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 proposed 
rule does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

     Dated: September 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-21655 Filed 10-11-22; 8:45 am]
BILLING CODE 6560-50-P