Air Plan Approval; North Carolina; Air Quality Control, Revisions to Particulates From Fugitive Dust Emissions Sources Rule, 53798-53800 [2023-16603]
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53798
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
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[FR Doc. 2023–16564 Filed 8–8–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0428; FRL–9991–02–
R4]
Air Plan Approval; North Carolina; Air
Quality Control, Revisions to
Particulates From Fugitive Dust
Emissions Sources Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing the approval
of changes to the North Carolina State
Implementation Plan (SIP), submitted
by the State of North Carolina through
the North Carolina Division of Air
Quality (NCDAQ) through a letter dated
September 10, 2021. The SIP revision
includes changes to the State’s air
pollution control requirements in the
SIP that modify several definitions,
clarify its applicability requirements,
adjust the requirement for fugitive dust
control plan submissions, and make
minor language and formatting changes.
EPA is approving these changes
pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective September
8, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0428. 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
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
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:18 Aug 08, 2023
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Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Pearlene Williams-Miles, Multi-Air
Pollutant Coordination Section, Air
Planning and Implementation Branch,
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
North Carolina 30303–8960. The
telephone number is (404) 562–9144.
Ms. Williams-Miles can also be reached
via electronic mail at
WilliamsMiles.Pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 10, 2021, NCDAQ
submitted a revision to North Carolina’s
Rule 15A North Carolina Administrative
Code (NCAC) 02D .0540, Particulates
from Fugitive Non-Process Dust
Emission Sources.1 2 The submittal
makes changes to the State’s air
pollution control requirements by
revising several definitions, clarifying
applicability requirements, updating
language, and making other minor
changes to the corresponding particulate
matter fugitive emission control
regulation in the North Carolina SIP.3
EPA believes that the changes to Rule
02D .0540 provide additional clarity to
the applicability of control plans and
control plan procedures, rule
exemptions, and definitions for fugitive
dust emission sources. EPA has
determined that the changes to the SIP
do not interfere with attainment and
maintenance of the NAAQS or any other
applicable requirement of the Act.
Through a notice of proposed
rulemaking (NPRM), published on
March 23, 2023 (88 FR 17479), EPA
proposed to approve the September 10,
2021, changes to North Carolina Rule 15
NCAC 02D .0540. The details of North
Carolina’s submission, as well as EPA’s
rationale for approving the changes, are
described in more detail in the March
23, 2023, NPRM. Comments on the
March 23, 2023, NPRM were due on or
before April 24, 2023. No comments
were received on the March 23, 2023,
NPRM.
1 EPA received the September 10, 2021, submittal
on September 14, 2021. For clarity, throughout this
rulemaking EPA will refer to the September 14,
2021, submission by its cover letter date of
September 10, 2021.
2 The September 10, 2021, submittal included
several changes to other North Carolina SIPapproved rules that are not addressed in this
rulemaking. EPA will act on those rule revisions in
separate actions.
3 NCDAQ submitted a letter to EPA on January 25,
2023, withdrawing the changes to Rule .0540(e)(1)
from consideration for inclusion in the North
Carolina SIP. For this reason, EPA is not acting on
the changes to paragraph (e)(1) in this rulemaking.
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II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, and as discussed in section I
of this preamble, EPA is finalizing the
incorporation by reference of 15A NCAC
02D .0540, Particulates from Fugitive
Dust Emission Sources, State effective
on September 1, 2019, into the North
Carolina SIP with the exception of
paragraph (e)(1).4 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.5
III. Final Action
EPA is finalizing the approval of the
September 10, 2021, SIP revision to
incorporate various changes to North
Carolina’s fugitive emission dust control
regulation. Specifically, EPA is
proposing to approve various changes to
Rule 02D .0540, Particulates from
Fugitive Dust Emission Sources, as
explained herein. EPA is proposing to
approve these changes for the reasons
discussed above.
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,
4 Paragraph (e)(1) remains in the SIP with a State
effective date of August 1, 2007.
5 See 62 FR 27968 (May 22, 1997).
E:\FR\FM\09AUR1.SGM
09AUR1
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
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); and
• 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.
In addition, 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
NCDAQ did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 10, 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,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 22, 2023.
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.
Subpart II—North Carolina
2. In § 52.1770, amend the table in
paragraph (c)(1) by revising the entry for
‘‘Rule .0540’’ to read as follows:
■
§ 52.1770
*
Identification of plan.
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(c) * * *
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(1) EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
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State
effective
date
Title/subject
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Section .0500
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Particulates from Fugitive
Dust Emission Sources.
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EPA approval date
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8/9/2023, ...............................
[Insert citation of publication]
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Emission Control Standards
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Explanation
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With the exception of paragraph (e)(1),
which has a State effective date of August
1, 2007.
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
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[FR Doc. 2023–16603 Filed 8–8–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0535; FRL–11020–
02–R4]
Air Plan Approval; TN; 2010 1-Hour
SO2 NAAQS Transport Infrastructure
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Tennessee’s
July 31, 2019, State Implementation
Plan (SIP) submission pertaining to the
‘‘good neighbor’’ provision of the Clean
Air Act (CAA or Act) for the 2010
1-hour sulfur dioxide (SO2) National
Ambient Air Quality Standard
(NAAQS). The good neighbor provision
requires each State’s implementation
plan to contain adequate provisions
prohibiting the interstate transport of air
pollution in amounts that will
contribute significantly to
nonattainment, or interfere with
maintenance, of a NAAQS in any other
State. EPA has determined that
Tennessee will not contribute
significantly to nonattainment or
interfere with maintenance of the 2010
1-hour SO2 NAAQS in any other State.
Therefore, EPA is approving the July 31,
2019, SIP revision as meeting the
requirements of the good neighbor
provision for the 2010 1-hour SO2
NAAQS.
DATES: This rule is effective September
8, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0535. 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
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,
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:18 Aug 08, 2023
Jkt 259001
Georgia 30303–8960. EPA requests that,
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Adams can be reached via phone
number (404) 562–9009 or via electronic
mail at adams.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 2, 2010, EPA promulgated a
revised primary SO2 NAAQS with a
level of 75 parts per billion (ppb), based
on a 3-year average of the annual 99th
percentile of daily maximum 1-hour
average concentrations. See 75 FR 35520
(June 22, 2010). Pursuant to section
110(a)(1) of the CAA, states are required
to submit SIPs 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 describe.
These SIPs, which EPA has historically
referred to as ‘‘infrastructure SIPs,’’ are
to provide for the ‘‘implementation,
maintenance, and enforcement’’ of such
NAAQS, and the requirements are
designed to ensure that structural
components of each State’s air quality
management program are adequate to
meet the State’s responsibility under the
CAA. Section 110(a) of the CAA
requires States to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of individual
State submissions may vary depending
upon the facts and circumstances. The
content of the changes in such SIP
submissions may also vary depending
upon what provisions the State’s
approved SIP already contains. 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.
Section 110(a)(2)(D)(i)(I) of the CAA
requires SIPs to include provisions
prohibiting any source or other type of
emissions activity in one State from
emitting any air pollutant in amounts
that will contribute significantly to
nonattainment, or interfere with
maintenance, of a NAAQS in another
State. The two clauses of this section are
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
referred to as prong 1 (significant
contribution to nonattainment of the
NAAQS) and prong 2 (interference with
maintenance of the NAAQS).
On July 31, 2019, the Tennessee
Department of Environment &
Conservation (TDEC) submitted a
revision to the Tennessee SIP 1
addressing prongs 1 and 2 of CAA
section 110(a)(2)(D)(i)(I) for the 2010
1-hour SO2 NAAQS.2 TDEC completed
updated transport modeling for the
Eastman Chemical facility in Sullivan
County, Tennessee, and submitted it to
EPA on November 30, 2021, to
supplement the July 31, 2019
submission.3 EPA is approving TDEC’s
July 31, 2019, SIP submission because
the State has demonstrated that
Tennessee will not contribute
significantly to nonattainment, or
interfere with maintenance, of the 2010
1-hour SO2 NAAQS in any other State.
All other elements related to the
infrastructure requirements of section
110(a)(2) for the 2010 1-hour SO2
NAAQS for Tennessee are addressed in
separate rulemakings.4
In a notice of proposed rulemaking
(NPRM) published on June 26, 2023 (88
FR 41344), EPA proposed to approve
TDEC’s July 31, 2019, SIP submission
for the 2010 1-hour SO2 NAAQS. The
details of the SIP revision and the
rationale for EPA’s action is explained
in the June 26, 2023, NPRM.5 Comments
on the June 26, 2023, NPRM were due
on or before July 26, 2023. No comments
were received on the June 26, 2023,
NPRM, adverse or otherwise.
II. Final Action
EPA is approving Tennessee’s July 31,
2019, SIP submission as meeting the
good neighbor provision of CAA section
110(a)(2)(D)(i)(I) for the 2010 1-hour SO2
NAAQS. EPA is finalizing approval
based on the information and analysis
detailed in EPA’s proposed rule, which
demonstrates that Tennessee will not
contribute significantly to
nonattainment, or interfere with
1 TDEC submitted its SIP revision on August 1,
2019, through a transmittal letter dated July 31,
2019.
2 On March 13, 2014, TDEC submitted a SIP
revision addressing all infrastructure elements with
respect to the 2010 1-hour SO2 NAAQS with the
exception of prongs 1 and 2 of CAA
110(a)(2)(D)(i)(I).
3 EPA officially received the supplemental file
dated November 30, 2021, on December 7, 2021.
4 EPA acted on all other infrastructure elements
for the 2010 1-hour SO2 NAAQS in Tennessee’s
March 13, 2014, SIP revision on November 28, 2016
(81 FR 85410) and September 24, 2018 (83 FR
48237).
5 Additional details regarding EPA’s evaluation of
TDEC’s modeling are provided in the Modeling
Technical Support Document (TSD) available in the
docket supporting this final action.
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53798-53800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16603]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0428; FRL-9991-02-R4]
Air Plan Approval; North Carolina; Air Quality Control, Revisions
to Particulates From Fugitive Dust Emissions Sources Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of changes to the North Carolina State Implementation Plan
(SIP), submitted by the State of North Carolina through the North
Carolina Division of Air Quality (NCDAQ) through a letter dated
September 10, 2021. The SIP revision includes changes to the State's
air pollution control requirements in the SIP that modify several
definitions, clarify its applicability requirements, adjust the
requirement for fugitive dust control plan submissions, and make minor
language and formatting changes. EPA is approving these changes
pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective September 8, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0428. 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 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: Pearlene Williams-Miles, Multi-Air
Pollutant Coordination Section, Air Planning and Implementation Branch,
Air and Radiation Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, North Carolina 30303-8960. The
telephone number is (404) 562-9144. Ms. Williams-Miles can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On September 10, 2021, NCDAQ submitted a revision to North
Carolina's Rule 15A North Carolina Administrative Code (NCAC) 02D
.0540, Particulates from Fugitive Non-Process Dust Emission
Sources.1 2 The submittal makes changes to the State's air
pollution control requirements by revising several definitions,
clarifying applicability requirements, updating language, and making
other minor changes to the corresponding particulate matter fugitive
emission control regulation in the North Carolina SIP.\3\ EPA believes
that the changes to Rule 02D .0540 provide additional clarity to the
applicability of control plans and control plan procedures, rule
exemptions, and definitions for fugitive dust emission sources. EPA has
determined that the changes to the SIP do not interfere with attainment
and maintenance of the NAAQS or any other applicable requirement of the
Act.
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\1\ EPA received the September 10, 2021, submittal on September
14, 2021. For clarity, throughout this rulemaking EPA will refer to
the September 14, 2021, submission by its cover letter date of
September 10, 2021.
\2\ The September 10, 2021, submittal included several changes
to other North Carolina SIP-approved rules that are not addressed in
this rulemaking. EPA will act on those rule revisions in separate
actions.
\3\ NCDAQ submitted a letter to EPA on January 25, 2023,
withdrawing the changes to Rule .0540(e)(1) from consideration for
inclusion in the North Carolina SIP. For this reason, EPA is not
acting on the changes to paragraph (e)(1) in this rulemaking.
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Through a notice of proposed rulemaking (NPRM), published on March
23, 2023 (88 FR 17479), EPA proposed to approve the September 10, 2021,
changes to North Carolina Rule 15 NCAC 02D .0540. The details of North
Carolina's submission, as well as EPA's rationale for approving the
changes, are described in more detail in the March 23, 2023, NPRM.
Comments on the March 23, 2023, NPRM were due on or before April 24,
2023. No comments were received on the March 23, 2023, NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, and as discussed in section I of this preamble, EPA is
finalizing the incorporation by reference of 15A NCAC 02D .0540,
Particulates from Fugitive Dust Emission Sources, State effective on
September 1, 2019, into the North Carolina SIP with the exception of
paragraph (e)(1).\4\ 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.\5\
---------------------------------------------------------------------------
\4\ Paragraph (e)(1) remains in the SIP with a State effective
date of August 1, 2007.
\5\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is finalizing the approval of the September 10, 2021, SIP
revision to incorporate various changes to North Carolina's fugitive
emission dust control regulation. Specifically, EPA is proposing to
approve various changes to Rule 02D .0540, Particulates from Fugitive
Dust Emission Sources, as explained herein. EPA is proposing to approve
these changes for the reasons discussed above.
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,
[[Page 53799]]
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); and
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.
In addition, 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
NCDAQ did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 10, 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, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: May 22, 2023.
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.
Subpart II--North Carolina
0
2. In Sec. 52.1770, amend the table in paragraph (c)(1) by revising
the entry for ``Rule .0540'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule .0540................... Particulates from 9/1/2019 8/9/2023,............ With the exception of
Fugitive Dust [Insert citation of paragraph (e)(1),
Emission Sources. publication]. which has a State
effective date of
August 1, 2007.
* * * * * * *
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[[Page 53800]]
* * * * *
[FR Doc. 2023-16603 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P
