Air Plan Approval; North Carolina; Minor Revisions to Nitrogen Oxides Rule, 2243-2245 [2022-28658]
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Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
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INFORMATION CONTACT section to
coordinate protest activities so that your
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inform the public of the enforcement
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appropriate.
Dated: January 6, 2023.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2023–00527 Filed 1–12–23; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
ENVIRONMENTAL PROTECTION
AGENCY
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
40 CFR Part 52
[EPA–R04–OAR–2022–0433; FRL–10402–
02–R4]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0037 to read as
follows:
■
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§ 165.T08–0037 Safety Zone; Corpus
Christi Shipping Channel, Corpus Christi,
TX.
(a) Location. The following area is a
safety zone: all navigable waters of the
Corpus Christi Shipping Channel in a
zone defined by the following
coordinates; 27°50′31.28″ N,
97°04′17.23″ W; 27°50′31.73″ N,
97°04′15.44″ W; 27°50′29.06″ N,
97°04′16.61″ W; 27°50′29.32″ N,
97°04′14.82″ W.
(b) Effective period. This section is
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through 4 a.m. on January 15, 2023 .
This section is subject to enforcement
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each day.
(c) Regulations. (1) According to the
general regulations in § 165.23 of this
part, entry into the temporary safety
zone described in paragraph (a) of this
section is prohibited unless authorized
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Christi (COTP) or a designated
representative. They may be contacted
on Channel 16 VHF–FM (156.8 MHz) or
by telephone at 361–939–0450.
(2) If permission is granted, all
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designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
16:24 Jan 12, 2023
Jkt 259001
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
1. The authority citation for part 165
continues to read as follows:
■
VerDate Sep<11>2014
Air Plan Approval; North Carolina;
Minor Revisions to Nitrogen Oxides
Rule
The Environmental Protection
Agency (EPA) is finalizing the approval
of a revision to the North Carolina State
Implementation Plan (SIP) submitted by
the North Carolina Department of
Environmental Quality (NCDEQ),
Division of Air Quality, via a letter
dated April 13, 2021, and received by
EPA on April 14, 2021. This revision
contains minor clarifying and
typographical edits to North Carolina’s
nitrogen oxides (NOX) rule. EPA is
approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective February
13, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0433. All documents in the docket
are listed on the 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 are
available either 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
SUMMARY:
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2243
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:
Steven Scofield, 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–
9034. Mr. Scofield can also be reached
via electronic mail at scofield.steve@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA proposing to
take?
EPA is finalizing the approval of
changes to North Carolina’s SIP that
were provided to EPA through NCDEQ
via a letter dated April 13, 2021.1 EPA
is approving the changes to North
Carolina’s 15A North Carolina
Administrative Code (NCAC)
Subchapter 02D, Section .1400, Nitrogen
Oxides (hereinafter referred to as
Section .1400).2 The April 13, 2021,
revision to the North Carolina SIP
transmits changes that do not alter the
meaning of the regulations, such as
clarifying changes, updated crossreferences, and several ministerial
language changes.
Specifically, EPA is finalizing the
approval of changes to 15A NCAC
Subchapter 02D, Rules: .1401,
Definitions; .1402, Applicability; .1403,
Compliance Schedules; .1404
Recordkeeping: Reporting: Monitoring;
.1407, Boilers and Indirect-Fired Process
Heaters; .1408, Stationary Combustion
Turbines; .1409, Stationary Internal
Combustion Engines; .1410, Emissions
Averaging; .1411, Seasonal Fuel
Switching; .1412, Petition for
Alternative Limitations; .1413, Sources
Not Otherwise Listed in this Section;
.1414, Tune-Up Requirements; .1415,
Test Methods and Procedures; and
.1418, New Electric Generating Units,
Boilers, Combustion Turbines, and
Large I/C Engines.3
1 EPA notes that the submittal was received
through the State Planning Electronic Collaboration
System (SPeCS) on April 14, 2021. For clarity, this
notice will refer to the submittal by the date on the
cover letter, which is April 13, 2021.
2 EPA notes that the Agency received several
submittals revising the North Carolina SIP that were
transmitted with the same April 13, 2021, cover
letter. EPA will be considering action for these
other SIP revisions in separate rulemakings.
3 At this time, EPA is not finalizing the approval
of changes to Rule 02D .1423, Large Internal
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Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations
Through a notice of proposed
rulemaking (NPRM), published on
November 22, 2022 (87 FR 71286), EPA
proposed to approve the April 13, 2021,
changes to North Carolina Section 15
NCAC 02D .1400. The details of North
Carolina’s submission, as well as EPA’s
rationale for approving the changes, are
described in more detail in the
November 22, 2022, NPRM. Comments
on the November 22, 2022, NPRM were
due on or before December 22, 2022. No
comments were received on the NPRM,
adverse or otherwise.
II. Incorporation by Reference
In this document, 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 15A NCAC Subchapter
02D .1401, Definitions; .1402,
Applicability; .1403, Compliance
Schedules; .1404 Recordkeeping:
Reporting: Monitoring; .1407, Boilers
and Indirect-Fired Process Heaters;
.1408, Stationary Combustion Turbines;
.1409, Stationary Internal Combustion
Engines; .1410, Emissions Averaging;
.1411, Seasonal Fuel Switching; .1412,
Petition for Alternative Limitations;
.1413, Sources Not Otherwise Listed in
this Section; .1414, Tune-Up
Requirements; .1415, Test Methods and
Procedures; and .1418, New Electric
Generating Units, Boilers, Combustion
Turbines, and Large I/C Engines, state
effective on October 1, 2020, into the
North Carolina SIP. 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).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.4
lotter on DSK11XQN23PROD with RULES1
III. Final Action
EPA is finalizing the approval of the
April 13, 2021, SIP revision to
incorporate various changes to North
Carolina’s NOX air provisions into the
SIP. Specifically, EPA is proposing to
Combustion Engines, included in the notice of
proposed rulemaking published on November 22,
2022 (87 FR 71286).
4 See 62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:24 Jan 12, 2023
Jkt 259001
approve various ministerial and minor
changes to language and other clarifying
changes throughout North Carolina’s
rules in 02D Section .1400, Nitrogen
Oxides. EPA is approving these changes
because they are consistent with the
CAA.
IV. 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
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).
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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 March 14, 2023. 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,
Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: December 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, 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.
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Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations
Subpart II—North Carolina
2. In § 52.1770(c), amend table (1) by
removing the entries for ‘‘Section
.1401,’’ ‘‘Section .1402,’’ ‘‘Section
.1403,’’ ‘‘Section .1404,’’ ‘‘Section
.1407,’’ ‘‘Section .1408,’’ ‘‘Section
.1409,’’ ‘‘Section .1410,’’ ‘‘Section
■
.1411,’’ ‘‘Section .1412,’’ ‘‘Section
.1413,’’ ‘‘Section .1414,’’ ‘‘Section
.1415,’’ and ‘‘Section .1418;’’ and adding
in their place entries for ‘‘Rule .1401,’’
‘‘Rule .1402,’’ ‘‘Rule .1403,’’ ‘‘Rule
.1404,’’ ‘‘Rule .1407,’’ ‘‘Rule .1408,’’
‘‘Rule .1409,’’ ‘‘Rule .1410,’’ ‘‘Rule
.1411,’’ ‘‘Rule .1412,’’ ‘‘Rule .1413,’’
‘‘Rule .1414,’’ ‘‘Rule .1415,’’ and ‘‘Rule
.1418’’ to read as follows:
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(1) EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
State effective
date
Title/subject
*
*
EPA approval date
*
*
*
Explanation
*
*
*
*
Section .1400 Nitrogen Oxides
Rule
Rule
Rule
Rule
.1401
.1402
.1403
.1404
..............
..............
..............
..............
Rule .1407 ..............
Rule .1408 ..............
Rule .1409 ..............
Rule .1410 ..............
Rule .1411 ..............
Rule .1412 ..............
Rule .1413 ..............
Rule .1414 ..............
Rule .1415 ..............
Rule .1418 ..............
Definitions ............................
Applicability .........................
Compliance Schedules .......
Recordkeeping: Reporting:
Monitoring.
Boilers and Indirect-Fired
Process Heaters.
Stationary Combustion Turbines.
Stationary Internal Combustion Engines.
Emissions Averaging ...........
Seasonal Fuel Switching .....
Petition for Alternative Limitations.
Sources Not Otherwise Listed in This Section.
Tune-Up Requirements .......
Test Methods and Procedures.
New Electric Generating
Units, Large Boilers, and
Large I/C Engines.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0265; FRL–9781–02–
R4]
Air Plan Approval; North Carolina;
Charlotte-Gastonia-Rock Hill Area
Limited Maintenance Plan for the 1997
8-Hour Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a state implementation plan (SIP)
revision submitted by the State of North
Carolina, through the North Carolina
Department of Environment Quality,
SUMMARY:
18:14 Jan 12, 2023
1/13/2023,
1/13/2023,
1/13/2023,
1/13/2023,
10/1/2020
1/13/2023, [Insert citation of publication].
10/1/2020
1/13/2023, [Insert citation of publication].
10/1/2020
1/13/2023, [Insert citation of publication].
10/1/2020
10/1/2020
10/1/2020
1/13/2023, [Insert citation of publication].
1/13/2023, [Insert citation of publication].
1/13/2023, [Insert citation of publication].
10/1/2020
1/13/2023, [Insert citation of publication].
10/1/2020
10/1/2020
1/13/2023, [Insert citation of publication].
1/13/2023, [Insert citation of publication].
10/1/2020
1/13/2023, [Insert citation of publication].
*
[FR Doc. 2022–28658 Filed 1–12–23; 8:45 am]
VerDate Sep<11>2014
10/1/2020
10/1/2020
10/1/2020
10/1/2020
Jkt 259001
[Insert
[Insert
[Insert
[Insert
*
citation
citation
citation
citation
Frm 00071
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publication].
publication].
publication].
publication].
*
Division of Air Quality (DAQ), via a
letter dated December 9, 2021. The SIP
revision includes the 1997 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) Limited Maintenance Plan
(LMP) for the North Carolina portion
(hereinafter referred to as the Metrolina
Area) of the Charlotte-Gastonia-Rock
Hill NC–SC 1997 8-hour ozone
maintenance area (hereinafter referred
to as the ‘‘Charlotte NC–SC 1997 8-hour
NAAQS Area’’ or ‘‘bi-state Charlotte
Area’’). The Charlotte NC–SC 1997 8hour NAAQS Area is comprised of
Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan and Union
Counties and a portion of Iredell County
(i.e., Davidson and Coddle Creek
Townships) in North Carolina; and the
Rock Hill Metropolitan Planning
Organization boundary in York County,
South Carolina. EPA is finalizing
approval because the LMP provides for
the maintenance of the 1997 8-hour
ozone NAAQS within the Metrolina
Area through the end of the second 10-
PO 00000
of
of
of
of
Sfmt 4700
year portion of the maintenance period.
This action makes certain commitments
related to maintenance of the 1997 8hour ozone NAAQS in the Metrolina
Area federally enforceable as part of the
North Carolina SIP.
This rule is effective February
13, 2023.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0265. 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 are
available either electronically through
www.regulations.gov or in hard copy at
ADDRESSES:
E:\FR\FM\13JAR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2243-2245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28658]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0433; FRL-10402-02-R4]
Air Plan Approval; North Carolina; Minor Revisions to Nitrogen
Oxides Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a revision to the North Carolina State Implementation Plan
(SIP) submitted by the North Carolina Department of Environmental
Quality (NCDEQ), Division of Air Quality, via a letter dated April 13,
2021, and received by EPA on April 14, 2021. This revision contains
minor clarifying and typographical edits to North Carolina's nitrogen
oxides (NOX) rule. EPA is approving these changes pursuant
to the Clean Air Act (CAA or Act).
DATES: This rule is effective February 13, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0433. All documents in the docket
are listed on the 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 are
available either 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: Steven Scofield, 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) 562-9034. Mr. Scofield can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. What action is EPA proposing to take?
EPA is finalizing the approval of changes to North Carolina's SIP
that were provided to EPA through NCDEQ via a letter dated April 13,
2021.\1\ EPA is approving the changes to North Carolina's 15A North
Carolina Administrative Code (NCAC) Subchapter 02D, Section .1400,
Nitrogen Oxides (hereinafter referred to as Section .1400).\2\ The
April 13, 2021, revision to the North Carolina SIP transmits changes
that do not alter the meaning of the regulations, such as clarifying
changes, updated cross-references, and several ministerial language
changes.
---------------------------------------------------------------------------
\1\ EPA notes that the submittal was received through the State
Planning Electronic Collaboration System (SPeCS) on April 14, 2021.
For clarity, this notice will refer to the submittal by the date on
the cover letter, which is April 13, 2021.
\2\ EPA notes that the Agency received several submittals
revising the North Carolina SIP that were transmitted with the same
April 13, 2021, cover letter. EPA will be considering action for
these other SIP revisions in separate rulemakings.
---------------------------------------------------------------------------
Specifically, EPA is finalizing the approval of changes to 15A NCAC
Subchapter 02D, Rules: .1401, Definitions; .1402, Applicability; .1403,
Compliance Schedules; .1404 Recordkeeping: Reporting: Monitoring;
.1407, Boilers and Indirect-Fired Process Heaters; .1408, Stationary
Combustion Turbines; .1409, Stationary Internal Combustion Engines;
.1410, Emissions Averaging; .1411, Seasonal Fuel Switching; .1412,
Petition for Alternative Limitations; .1413, Sources Not Otherwise
Listed in this Section; .1414, Tune-Up Requirements; .1415, Test
Methods and Procedures; and .1418, New Electric Generating Units,
Boilers, Combustion Turbines, and Large I/C Engines.\3\
---------------------------------------------------------------------------
\3\ At this time, EPA is not finalizing the approval of changes
to Rule 02D .1423, Large Internal Combustion Engines, included in
the notice of proposed rulemaking published on November 22, 2022 (87
FR 71286).
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[[Page 2244]]
Through a notice of proposed rulemaking (NPRM), published on
November 22, 2022 (87 FR 71286), EPA proposed to approve the April 13,
2021, changes to North Carolina Section 15 NCAC 02D .1400. The details
of North Carolina's submission, as well as EPA's rationale for
approving the changes, are described in more detail in the November 22,
2022, NPRM. Comments on the November 22, 2022, NPRM were due on or
before December 22, 2022. No comments were received on the NPRM,
adverse or otherwise.
II. Incorporation by Reference
In this document, 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 15A NCAC
Subchapter 02D .1401, Definitions; .1402, Applicability; .1403,
Compliance Schedules; .1404 Recordkeeping: Reporting: Monitoring;
.1407, Boilers and Indirect-Fired Process Heaters; .1408, Stationary
Combustion Turbines; .1409, Stationary Internal Combustion Engines;
.1410, Emissions Averaging; .1411, Seasonal Fuel Switching; .1412,
Petition for Alternative Limitations; .1413, Sources Not Otherwise
Listed in this Section; .1414, Tune-Up Requirements; .1415, Test
Methods and Procedures; and .1418, New Electric Generating Units,
Boilers, Combustion Turbines, and Large I/C Engines, state effective on
October 1, 2020, into the North Carolina SIP. 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). Therefore, these materials have
been approved by EPA for inclusion in the State implementation plan,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing the approval of the April 13, 2021, SIP revision
to incorporate various changes to North Carolina's NOX air
provisions into the SIP. Specifically, EPA is proposing to approve
various ministerial and minor changes to language and other clarifying
changes throughout North Carolina's rules in 02D Section .1400,
Nitrogen Oxides. EPA is approving these changes because they are
consistent with the CAA.
IV. 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 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 March 14, 2023. 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, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: December 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, 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.
[[Page 2245]]
Subpart II--North Carolina
0
2. In Sec. 52.1770(c), amend table (1) by removing the entries for
``Section .1401,'' ``Section .1402,'' ``Section .1403,'' ``Section
.1404,'' ``Section .1407,'' ``Section .1408,'' ``Section .1409,''
``Section .1410,'' ``Section .1411,'' ``Section .1412,'' ``Section
.1413,'' ``Section .1414,'' ``Section .1415,'' and ``Section .1418;''
and adding in their place entries for ``Rule .1401,'' ``Rule .1402,''
``Rule .1403,'' ``Rule .1404,'' ``Rule .1407,'' ``Rule .1408,'' ``Rule
.1409,'' ``Rule .1410,'' ``Rule .1411,'' ``Rule .1412,'' ``Rule
.1413,'' ``Rule .1414,'' ``Rule .1415,'' and ``Rule .1418'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .1400 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Rule .1401...................... Definitions........... 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1402...................... Applicability......... 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1403...................... Compliance Schedules.. 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1404...................... Recordkeeping: 10/1/2020 1/13/2023, [Insert
Reporting: Monitoring. citation of
publication].
Rule .1407...................... Boilers and Indirect- 10/1/2020 1/13/2023, [Insert
Fired Process Heaters. citation of
publication].
Rule .1408...................... Stationary Combustion 10/1/2020 1/13/2023, [Insert
Turbines. citation of
publication].
Rule .1409...................... Stationary Internal 10/1/2020 1/13/2023, [Insert
Combustion Engines. citation of
publication].
Rule .1410...................... Emissions Averaging... 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1411...................... Seasonal Fuel 10/1/2020 1/13/2023, [Insert
Switching. citation of
publication].
Rule .1412...................... Petition for 10/1/2020 1/13/2023, [Insert
Alternative citation of
Limitations. publication].
Rule .1413...................... Sources Not Otherwise 10/1/2020 1/13/2023, [Insert
Listed in This citation of
Section. publication].
Rule .1414...................... Tune-Up Requirements.. 10/1/2020 1/13/2023, [Insert
citation of
publication].
Rule .1415...................... Test Methods and 10/1/2020 1/13/2023, [Insert
Procedures. citation of
publication].
Rule .1418...................... New Electric 10/1/2020 1/13/2023, [Insert
Generating Units, citation of
Large Boilers, and publication].
Large I/C Engines.
* * * * * * *
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* * * * *
[FR Doc. 2022-28658 Filed 1-12-23; 8:45 am]
BILLING CODE 6560-50-P
