Air Plan Approval; North Carolina; Revisions to Miscellaneous Particulate Matter Rules, 60424-60429 [2023-18707]
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60424
Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules
on or after January 5, 2021, and the State
home requests that VA consider them
for a waiver under § 51.51(b)(2);
(2) With respect to the veterans on the
written list under paragraph (c)(1), VA
denied the State’s request for per diem
for the veterans when their forms were
originally submitted and the denial was
solely because the veteran did not meet
the requirements under 38 CFR 51.51(b)
(2021);
(3) Upon VA review, the veteran
would have received a waiver under
§ 51.51(b)(2) if that paragraph had been
in effect when the request for per diem
was originally submitted; and
(4) The State home submits to VA a
completed VA Form 10–5588, State
Home Report and Statement of Federal
Aid Claimed, for each month that the
State home provided domiciliary care to
a veteran for whom the home is
requesting a waiver. The form would
only cover the veterans not originally
included on the form when submitted
previously for that month.
■ 7. Amend § 51.51 by revising
paragraphs (a)(2) and (b) to read as
follows:
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§ 51.51
care.
Eligible veterans—domiciliary
(a) * * *
(1) * * *
(2) A veteran who VA determines has
no adequate means of support. When an
applicant’s annual income exceeds the
rate of pension described in paragraph
(a)(1) of this section, VA will determine
if the applicant has no adequate means
of support. This determination will be
made through an assessment of the
veteran’s deficits in health or functional
status that may render the veteran
incapable of achieving or sustaining
independence in the community as
determined by the Chief of Staff of the
VA medical center of jurisdiction, or
designee. Assessment of whether the
veteran has no adequate means of
support will be based on objective
evidence that considers factors that are
inclusive of but not limited to:
(i) the impact of the severity of the
veteran’s medical condition, disabilities,
and symptoms on the veteran’s safety in
the community;
(ii) the impact of the severity of the
veteran’s medical condition, disabilities,
and symptoms on the veteran’s ability to
provide self-care;
(iii) the availability of community or
family support systems;
(iv) the impact of the severity of the
veteran’s medical condition, disabilities,
and symptoms on the veteran’s ability to
access and utilize community support
systems;
(v) the risk of loss of housing in the
community;
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(vi) the risk of loss of the veteran’s
income;
(vii) access to outpatient mental
health and substance use disorder care;
and
(viii) the current effectiveness of any
outpatient mental health and substance
use disorder care provided to the
veteran.
(b) (1) For purposes of this section,
the eligible veteran must be able to
perform the following:
(i) Daily ablutions, such as brushing
teeth, bathing, combing hair, and body
eliminations, without assistance.
(ii) Dress himself or herself with a
minimum of assistance.
(iii) Proceed to and return from the
dining hall without aid.
(iv) Feed himself or herself.
(v) Secure medical attention on an
ambulatory basis or by use of a
personally propelled wheelchair.
(vi) Have voluntary control over body
eliminations or have control by use of
an appropriate prosthesis.
(vii) Make rational and competent
decisions as to the veteran’s desire to
remain in or leave the State home; or,
if the veteran lacks the general capacity
to make this residential care placement
decision, as defined by State law, then
the veteran’s legal representative
designated in accordance with State
law, is authorized to make this decision
on behalf of the veteran.
(2) The Chief of Staff of the VA
medical center of jurisdiction, or
designee, may waive the requirements
in paragraph (b)(1) of this section for
purposes of payment of per diem for
domiciliary care in a State home on or
after January 5, 2021, if the veteran is
able to perform not fewer than four of
the requirements set forth in such
paragraph; or such waiver would be,
based on a clinical determination, in the
best interest of the veteran because
receipt of domiciliary care in the
particular State home would likely be
beneficial to the veteran. This clinical
determination must consider whether
receiving domiciliary care in the State
home would significantly enhance the
veteran’s ability to live safely, would
support the veteran’s potential progress
in rehabilitation, if such potential exists,
and would create an environment that
supports the health and well-being of
the veteran. In granting a waiver of
paragraph (b)(1) of this section, the
Chief of Staff of the VA medical center
of jurisdiction, or designee, must make
a finding that the State home has the
capability to provide the domiciliary
care that the veteran needs.
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§ 51.300
[Amended]
8. Amend § 51.300 by removing and
reserving paragraph (b).
■
[FR Doc. 2023–18921 Filed 8–31–23; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0391; FRL–11368–
01–R4]
Air Plan Approval; North Carolina;
Revisions to Miscellaneous Particulate
Matter Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of North
Carolina through the North Carolina
Division of Air Quality (NCDAQ) via a
letter dated April 13, 2021. The SIP
revision seeks to modify the State’s
emission control standards by amending
several air quality rules and removing a
redundant rule for electric utility
boilers. EPA is proposing to approve
these changes pursuant to the Clean Air
Act (CAA or Act).
DATES: Comments must be received on
or before October 2, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2022–0391, 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
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
www.epa.gov/dockets/commenting-epadockets.
SUMMARY:
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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,
GA 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. Overview
EPA is proposing to approve a SIP
revision submitted by North Carolina on
April 14, 2021,1 seeking to amend
various air quality rules and to remove
one rule from the North Carolina SIP.2
Specifically, the SIP revision addresses
State regulations amended in 15A North
Carolina Administrative Code (NCAC)
Subchapter 02D. The submission
includes changes to multiple rules in
Sections .0400 and .0500 of Subchapter
02D and the removal of Rule 02D .0536,
Particulate Emissions from Electric
Utility Boilers.3 To support the request
to remove Rule 02D .0536 from the SIP,
the submission includes technical
support materials to demonstrate that
the removal of the rule would not
interfere with any applicable
requirement concerning attainment and
reasonable further progress (RFP) or any
other applicable requirement of the
CAA.4
EPA’s analysis of North Carolina’s
April 13, 2021, SIP revision is organized
into two parts under Section II. Section
II.A provides information and analysis
relevant to the amended rules, and
Section II.B provides the background
and analysis for the removal of Rule 02D
.0536.
II. Analysis of North Carolina’s April
14, 2021, SIP Revision
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A. Amended Rules
North Carolina submitted changes to
several rules within Subchapter 2D
Sections .0400 and .0500 which do not
alter the meaning of or make significant
changes to those rules. Specifically, the
1 EPA notes that the April 14, 2021, submission
was received under a cover letter dated April 13,
2021. For clarity, throughout this document EPA
will refer to the April 14, 2021, submission by its
cover letter date of April 13, 2021.
2 The April 13, 2021, submittal contains revisions
to other North Carolina SIP-approved rules that are
not addressed in this document. EPA will act on
those rule changes in separate rulemakings.
3 EPA will not act on Rule 02D .0503, Particulates
from Fuel Burning Indirect Heat Exchangers, since
this section was withdrawn from EPA consideration
in a letter dated January 17, 2023, which is in the
docket of this notice of proposed rulemaking
(NPRM).
4 See CAA section 110(l).
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following rules were submitted with
changes to reformat equations and
regulatory citations, make minor
language edits, correct typographical
errors, amend punctuation, and make
clarifying edits: Rule 02D .0403, Total
Suspended Particulates; Rule 02D .0501,
Compliance with Emission Control
Standards; Rule 02D .0504, Particulates
from Wood Burning Indirect Heat
Exchangers; Rule 02D .0506,
Particulates from Hot Mix Asphalt
Plants; Rule 02D .0507, Particulates
from Chemical Fertilizer Manufacturing
Plants; Rule 02D .0508, Particulates
from Pulp and Paper Mills; Rule 02D
.0509, Particulates from Mica and
Feldspar Processing Plants; Rule 02D
.0510, Particulates from Sand, Gravel, or
Crushed Stone Processes; Rule 02D
.0511, Particulates from Lightweight
Aggregate Processes; 02D .0512,
Particulates from Wood Products
Finishing Plants; Rule 02D .0513,
Particulates from Portland Cement
Plants; Rule 02D .0514, Particulates
from Ferrous Jobbing Foundries; and
Rule 02D .0515, Particulates from
Miscellaneous Industrial Processes.
Certain changes to these rules are
described below.
1. Rule 02D .0501, Compliance With
Emission Control Standards
Rule 02D .0501, Compliance with
Emission Control Standards, is revised
in paragraph (d)(1)(D) to clarify that the
review of an application for the
proposed mix of alternative controls and
the enforcement of a resulting permit
will not require expenditures on the
part of the State more than five times
that which would otherwise be required
for review and enforcement of other
permits. Additionally, in paragraph
(d)(2), a weblink is added to allow
access to the SIP on the DAQ website.
Paragraph (e) is revised to clarify that
any changes made to the permit of a
facility invoking paragraph (d) will be
submitted to EPA to consider the
changes’ approvability.
2. Rule 02D .0504, Particulates From
Wood Burning Indirect Heat Exchangers
Rule 02D .0504, Particulates from
Wood Burning Indirect Heat
Exchangers, is revised at paragraph (a)
to clarify that Rule 02D .0504 applies
only to equipment that burns 100
percent wood and to address text
deleted from paragraph (f) by stating
that equipment that burns wood and
other fuels in combination is subject to
Rule 02D .0503, Particulates from Fuel
Burning Indirect Heat Exchangers.
Rule 02D .0504 is also revised at
paragraph (e) to prohibit a change in the
allowable emission limit for wood
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60425
burning indirect heat exchangers with
previously established allowable
emission limits due to the removal of a
wood burning indirect heat exchanger.
This change means that the emission
limit will remain more stringent in this
scenario (i.e., where a wood burning
indirect heat exchanger has been
removed but not replaced) because
whereas a lower heat input (resulting
from such removal) would otherwise
result in a higher emission limit
according to the equation in paragraph
(c), the limit is not to be adjusted with
such removal. Next, language is added
to specify that for indirect heat
exchangers constructed after, or in
conjunction with, the removal of an
existing unit, the maximum heat input
of the removed wood burning indirect
heat exchanger shall no longer be
considered in the determination of the
allowable emission limit for any wood
burning indirect heat exchanger
constructed after or in conjunction with
the removal. In this scenario (i.e., where
a new unit is constructed either
contemporaneously with the removal of
an existing unit or after the existing unit
has been removed), the emission limit is
to be updated in accordance with the
equation in paragraph (c). This change
clarifies the applicability of the change
regarding removed indirect heat
exchangers and maintains the
stringency of the existing rule with
respect to newly constructed indirect
heat exchangers.
Paragraph (e) is also revised to add
language pertaining to facilities or
institutions for which the indirect heat
exchanger is utilized primarily for
‘‘comfort heat.’’ Specifically, the new
language states that for those facilities
and institutions, only those wood
burning indirect heat exchangers
‘‘located in the same power plant or
building or otherwise physically
interconnected, such as common flues,
steam, or power distribution line’’ are
used to determine the total heat input to
calculate the corresponding PM
emission limit. This change aligns Rule
02D .0504 with existing language in
Rule 02D .0503(e) (addressing PM
emissions from fuel burning indirect
heat exchangers), which has always
treated units purposed for comfort heat
differently. This change is meant to
make paragraph (e) consistent with the
definition of ‘‘plant site’’ at
subparagraph .0504(a)(3) for units
whose primary wood burning capacity
is for comfort heat, such that only those
units in the same power plant or
building or otherwise physically
interconnected are treated as units at the
same ‘‘plant site.’’ North Carolina
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explained in a clarification letter dated
January 17, 2023, which is in the docket
for this NPRM, that it added the text to
‘‘clarify instances of when such units
whose primary wood burning capacity
is for providing comfort heat would be
considered ‘functionally dependent’ in
their operations under the definition of
plant site in 02D .0504(a)(3)(C).’’
NCDAQ notes that units which are
otherwise ‘‘interconnected’’ would
satisfy the criterion of being
‘‘functionally dependent’’ at
.0504(a)(3)(C). This treatment of these
indirect heat exchangers reflects the fact
that units primarily used for comfort
heat have a more limited purpose and
should be treated collectively to the
extent they are located together or
otherwise interconnected, but not if
they are on adjacent properties and are
not heating the same buildings or
connected to the same power
distribution line. Therefore, as
explained by NCDAQ,5 the addition of
the text does not change the emission
limits set forth in paragraph (c).
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3. Rule 02D .0506, Particulates From
Hot Mix Asphalt Plants
Rule 02D .0506, Particulates from Hot
Mix Asphalt Plants, is revised at
paragraph (a) to specify that the
allowable emissions rates apply to
emissions originating from the stack or
chimney of hot mix asphalt batch plants
regulated by this rule.6 This is a
clarifying amendment meant to
recognize that there could be fugitive
emissions, which, by definition, would
not pass through the stack or chimney.
Paragraph (c) in the SIP-approved
version of the rule states that any nonprocess fugitive emissions are covered
by Rule 02D .0540, Particulates from
Fugitive Non-Process Dust Emission
Sources, which covers ‘‘particulate
matter that is not collected by a capture
system and is generated from areas such
as pit areas, process areas, haul roads,
stockpiles, and plant roads,’’ as defined
in Rule 02D .0540.
The revision to Rule 02D .0506 also
reorders some of the paragraphs.
Paragraph (b) is reordered as paragraph
(c). A new paragraph (b) is added to
establish a 20 percent opacity limit for
all hot mix asphalt plants. The
requirement that fugitive process dust
control systems (for their drying,
5 See the January 17, 2023, clarification letter
from NCDAQ, which is included in the docket for
this NPRM.
6 In addition to the changes outlined in this
Section II.A.3, the State also removed paragraph (f)
in the November 1, 2020, state-effective rule
amendments at Rule 02D .0506. EPA never
approved paragraph (f) into the North Carolina SIP,
therefore, there is no EPA action requested with
respect to this paragraph.
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conveying, classifying, and mixing
equipment) be controlled in accordance
with the opacity provisions in Rules
02D .0521, Control of Visible Emissions,
and 02D .0524, New Source
Performance Standards, is removed
from paragraph (c), as reordered, and
sources are instead required to be
equipped with scavenger process dust
control systems that must exhaust
through a stack or vent and be operated
in a manner to comply with
requirements established in paragraphs
(a) and (b). Under the SIP, fugitive
process dust emissions from hot mix
asphalt plants are regulated by Rule 02D
.0521, with some sources subject to a 20
percent opacity standard and others a 40
percent opacity standard depending on
their date of manufacture, or Rule 02D
.0524 which references Federal new
source performance standards. The
purpose of adding paragraph (b) is to
require all hot mix asphalt plants,
which are now required to have
scavenger process dust control systems
for their fugitive process emissions, to
comply with an opacity standard of 20
percent, regardless of when they were
constructed. The current SIP-approved
paragraph (c), which states that fugitive
non-process dust emissions are
controlled by Rule 02D .0540,
Particulates from Fugitive Dust
Emission Sources, is also reordered as
paragraph (d).
In paragraph (c), as reordered, there
are changes to the language concerning
the process dust control system. First,
the SIP-approved version of the
paragraph describes the control as a
‘‘fugitive process dust control system,’’
and the updated term in the revised
version—‘‘scavenger process dust
control system’’—simply reflects that
the dust control system is designed to
collect, control, and vent the process
dust emissions. Next, the SIP-approved
language stating that these systems
‘‘shall be operated and maintained in
such a manner as to reduce to a
minimum the emission of particulate
matter from any point other than the
stack outlet’’ is updated to say the dust
control system ‘‘shall exhaust through a
stack or vent and shall be operated and
maintained in such a manner as to
comply with Paragraphs (a) and (b)’’ of
02D .0506. The paragraph, as revised, no
longer mentions reducing emissions
from any point other than the stack
because the dust control system is
designed to collect and process these
emissions through the stack or vent,
thereby specifically reducing any such
fugitive emissions. The new
requirement that the system be operated
to comply with paragraphs (a) and (b)
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means that the system must meet both
the particulate matter (PM) emission
limit and visibility requirements of the
rule.
The revised version of Rule 02D .0506
also includes a new paragraph (e),
which provides that any fugitive
emissions not otherwise covered by 02D
.0506 are not to exceed 20 percent
opacity. EPA is not acting on the
removal of the word ‘‘elsewhere,’’ in
paragraph (e), however, the Agency is
acting on the remaining text in the
paragraph.7
4. Rule 02D .0510, Particulates From
Sand, Gravel or Crushed Stone
Processes
Rule 02D .0510, Particulates from
Sand, Gravel or Crushed Stone
Processes, is revised to provide
examples of measures that owners or
operators of sand, gravel, or crushed
stone operations could make to ‘‘reduce
to a minimum any PM becoming
airborne.’’ Specifically, paragraph (a) is
revised to include examples of possible
control measures: ‘‘such as application
of a dust or wet suppressant, soil
stabilizers, covers, or add-on particulate
control devices.’’ This is a
noncomprehensive, illustrative list of
possible controls to meet the
requirement to minimize PM emissions.
As such, this additional language
clarifies but does not change the
meaning of the rule.
5. Rule 02D .0511, Particulates From
Lightweight Aggregate Processes
Rule 02D .0511, Particulates From
Lightweight Aggregate Processes, is
revised at paragraph (a) to provide one
example of a measure—wet
suppression—that owners or operators
of a lightweight aggregate process could
take to ‘‘reduce to a minimum any PM
becoming airborne.’’ As such, this
additional language clarifies but does
not change the meaning of the rule.
Paragraph (d) is also revised to remove
the statement that ‘‘[t]he 95 percent
reduction shall be by air pollution
control devices.’’ This paragraph
requires that PM from any stack serving
lightweight aggregate kilns or dryers
‘‘shall be reduced by at least 95 percent
by weight before being discharged to the
atmosphere.’’ This reduction
requirement remains in place; only the
specification as to the means of
reduction, not the control requirement
itself, is changing.
7 EPA will not act on the removal of the term
‘‘elsewhere,’’ in Rule 02D .0506(e) since the
removal of this word was withdrawn from EPA
consideration in a letter dated January 17, 2023,
which is in the docket for this NPRM.
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6. Rule 02D .0512, Particulates From
Wood Products Finishing Plants
Rule 02D .0512, Particulates from
Wood Products Finishing Plants, is
revised to clarify that collectors and
duct work must be properly designed
and adequate to collect PM to the
maximum extent practicable and that
Commission approval of other devices
proposed for meeting the requirements
of Rule 02D .0512 shall occur on a caseby-case basis. The SIP-approved
language states that ‘‘such other devices
as approved by the Commission’’ can be
utilized to collect and vent PM.
Therefore, this additional language
regarding other devices clarifies, but
does not change, the meaning of the
rule.
7. Rule 02D .0513, Particulates From
Portland Cement Plants
Rule 02D .0513, Particulates from
Portland Cement Plants, is revised at
paragraph (a)(1) to remove the statement
that ‘‘the 99.7 percent reduction shall be
by air pollution control devices.’’ This
paragraph requires that PM from any
Portland cement kiln ‘‘shall be reduced
by at least 99.7 percent by weight before
being discharged to the atmosphere.’’
This reduction requirement remains in
place; only the specification as to the
means of reduction, not the control
requirement itself, is changing.
For the reasons discussed above, the
changes described in this Section II.A
would not interfere with any applicable
requirement concerning attainment and
RFP or any other applicable CAA
requirement, consistent with section
110(l) of the CAA.
obsolete. EPA is proposing to approve
NCDAQ’s request in the April 14, 2021,
submission to remove the Rule from the
North Carolina SIP. Further analysis is
provided below.
B. Removal of 02D .0536, Particulate
Emissions From Electric Utility Boilers
1. EPA’s Analysis of North Carolina’s
Non-Interference Demonstration
On January 24, 1983, and February 21,
1983, North Carolina submitted Rule
02D .0536, Particulate Emissions from
Electric Utility Boilers, to EPA for
incorporation into the SIP.
Subsequently, North Carolina
supplemented the submissions on
December 17, 1985, and June 19, 1987.
The regulation prescribes PM emission
limits for thirteen electric utility power
plants in the State belonging to Duke
Power Company (Duke) and Carolina
Power and Light (CP&L) relative to Rule
02D .0503, Particulates from FuelBurning Indirect Heat Exchangers. EPA
approved portions of and disapproved
other portions of Rule 02D .0536 in
1988.8 See 53 FR 11068 (April 5, 1988).
The approved portions of the regulation
set new: relaxed short-term emission
limits for eight of the plants, retaining,
although recodifying, the emission limit
for one additional plant; stack testing
requirements; and requirements for
submittal of malfunction abatement
plans.9
On July 9, 2020, North Carolina
repealed Rule 02D .0536 to remove from
its rules requirements that had become
i. Particulate Matter
In North Carolina’s April 14, 2021,
SIP revision, the State concluded that
the removal of the Rule 02D .0536,
Particulate Emissions from Electric
Utility Boilers, would not interfere with
any applicable requirement concerning
attainment of the National Ambient Air
Quality Standards. Rule 02D .0536
contains requirements less stringent
than other sections of the North
Carolina SIP. Specifically, paragraph (c)
of Rule 02D .0503 contains PM emission
limitations that are at least as stringent
as those of Rule 02D .0536. NCDAQ
confirms in its submittal that many
units subject to Rule 02D .0536 have
been permanently shut down, which
include five units at the Buck facility,
four units at the Cliffside facility, three
units at the Dan Rivers facility, four
units at the Riverbend facility, and two
units at the Cape Fear facility.10 The
remaining units are subject to the more
or equally stringent PM emission limits
of Rule 02D .0503(c), as described in
North Carolina’s April 13, 2021, SIP
submittal and shown in the table below.
PM emission
limits in Rule
02D .0536
(lb/MMBtu)
Unit identification
Allen 1 ......................................................................................................................................................................
Allen 2 ......................................................................................................................................................................
Allen 3 ......................................................................................................................................................................
Allen 4 ......................................................................................................................................................................
Allen 5 ......................................................................................................................................................................
Belews Creek 1 .......................................................................................................................................................
Belews Creek 2 .......................................................................................................................................................
Cliffside 5 .................................................................................................................................................................
Marshall 1 ................................................................................................................................................................
Marshall 2 ................................................................................................................................................................
Marshall 3 ................................................................................................................................................................
Marshall 4 ................................................................................................................................................................
Roxboro 1 ................................................................................................................................................................
Roxboro 2 ................................................................................................................................................................
Roxboro 3 ................................................................................................................................................................
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PM emission
limits in Rule
02D .0503
(lb/MMBtu)
0.25
0.25
0.25
0.25
0.25
0.15
0.15
0.25
0.20
0.20
0.18
0.18
0.25
0.16
0.10
0.15
0.15
0.13
0.13
0.13
0.10
0.10
0.11
0.12
0.12
0.11
0.11
0.12
0.11
0.10
EPA has evaluated the State’s analysis
and proposes to agree with North
Carolina’s conclusion that removal of
Rule 02D .0536, Particulate Emissions
from Electric Utility Boilers, from the
SIP would not interfere with any
applicable requirement concerning
attainment and RFP or any other
applicable CAA requirement.
8 EPA approved changes to Rule 02D .0536 in
1996 and 2019. See 61 FR 5689 (February 14, 1996)
and 84 FR 14019 (April 9, 2019).
9 The portions not approved in the 1988 action
included emission and opacity limits for four
plants—CP&L’s Asheville, Lee, Sutton, and
Weatherspoon facilities—which were to be acted
upon in a separate rulemaking, and the annual
opacity limits for all plants, which were
disapproved.
10 EPA notes that the removal of the Rule 02D
.0536 emission limits for CP&L’s Asheville, Lee,
Sutton, and Weatherspoon facilities is not before
EPA for consideration because these emission limits
were disapproved by EPA on June 16, 1988, and are
therefore not part of the North Carolina SIP. See 53
FR 22486 and 40 CFR 52.1781(c). EPA also notes
that each of these units has since shut down, as
reflected in the April 13, 2021, submittal.
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ii. Quality Assurance Measures
Rule 02D .0536 also addresses
measures required for development and
implementation of a quality assurance
program. The program covers the
requirements for opacity monitoring
systems and measuring opacity. In
North Carolina’s April 14, 2021, SIP
revision, the State notes that the
removal of Rule 02D .0536 does not
constitute a relaxation of requirements
for electric generating units since the
affected units are still regulated by Rule
02D .0613, Quality Assurance Program,
which is also SIP-approved. Like Rule
02D .0536, Rule 02D .0613 establishes
that the Director may require the
submission of a quality assurance
program under certain conditions. The
quality assurance program must consist
of procedures and frequencies for
calibration, standards, traceability,
operational checks, maintenance,
auditing, data validation, and a
schedule for implementing the quality
assurance program. Accordingly, EPA
proposes that removal of the Rule 02D
.0536 does not alter the requirements of
the SIP in this regard.
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iii. Malfunction Abatement Plans
North Carolina’s repeal of Rule 02D
.0536 removes requirements at
paragraph (h) for malfunctions or
equipment failures. Because the
associated PM limits of Rule 02D .0536
are proposed for removal from the SIP,
as described above, these malfunction
abatement plan provisions would no
longer serve their original intended
purpose and are not necessary.
Therefore, EPA agrees with North
Carolina’s analysis that removal of
paragraph (h) would not interfere with
any applicable requirement concerning
attainment, RFP, or any other applicable
CAA requirement.
iv. Stack Testing Requirements
NCDAQ explains that the stack testing
provision in Rule 02D .0536(d) provided
the most practicable approach to
demonstrating compliance when it was
adopted on March 1, 1983, based on
factors such as cost and time. However,
to meet State and Federal
requirements,11 the emitting units
affected by the repeal of Rule 02D .0536
have since undergone updates to more
advanced monitoring systems that
provide real-time emissions data;
NCDAQ confirms in its SIP revision that
11 See 15A NCAC 02D .0530, Prevention of
Significant Deterioration, and 40 Code of Federal
Regulations Part 63, Subpart UUUUU—National
Emission Standards for Hazardous Air pollutants:
Coal- and Oil-Fired Electric Utility Steam
Generating Units identified in the SIP revision at
Attachment 2—Supplemental Information.
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all subject units have installed PM
continuous emission monitoring
systems. Furthermore, as noted above,
because the PM limits of Rule 02D .0536
are proposed for removal from the SIP,
these associated stack testing
requirements would no longer serve
their original intended purpose and are
not necessary. Therefore, EPA is
proposing to agree with the State’s
analysis that the removal of the stack
testing provision with the repeal of Rule
02D .0536 will not interfere with any
applicable requirement concerning
attainment, RFP, or any other CAA
requirement.
IV. Proposed Action
For the reasons explained above, EPA
is proposing to approve North Carolina’s
April 14, 2021, SIP revision seeking to
amend various air quality rules and to
remove Rule 02D .0536 from North
Carolina’s SIP.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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,
III. Incorporation by Reference
provided that they meet the criteria of
In this document, EPA is proposing to the CAA. Accordingly, this proposed
action merely proposes to approve State
include in a final rule regulatory text
law as meeting Federal requirements
that includes incorporation by
and does not impose additional
reference. In accordance with the
requirements beyond those imposed by
requirements of 1 CFR 51.5, and as
discussed in Section II of this preamble, State law. For that reason, this proposed
action:
EPA is proposing to incorporate by
• Is not a significant regulatory action
reference the following air quality rules
subject
to review by the Office of
under 15A NCAC 02D, Air Pollution
Control Requirements, state effective on Management and Budget under
Executive Orders 12866 (58 FR 51735,
November 1, 2020: Rules 02D .0403,
October 4, 1993) and 13563 (76 FR 3821,
Total Suspended Particulates; 02D
January 21, 2011);
.0501, Compliance with Emission
• Does not impose an information
Control Standards; 02D .0504,
collection
burden under the provisions
Particulates from Wood Burning Indirect
of the Paperwork Reduction Act (44
Heat Exchangers; 02D .0506,
U.S.C. 3501 et seq.);
Particulates from Hot Mix Asphalt
• Is certified as not having a
Plants; 12 02D .0507, Particulates from
significant
economic impact on a
Chemical Fertilizer Manufacturing
substantial number of small entities
Plants; 02D .0508, Particulates from
under the Regulatory Flexibility Act (5
Pulp and Paper Mills; 02D .0509,
U.S.C. 601 et seq.);
Particulates from Mica and Feldspar
• Does not contain any unfunded
Processing Plants; 02D .0510,
mandate or significantly or uniquely
Particulates from Sand, Gravel or
affect small governments, as described
Crushed Stone Processes; 02D .0511,
in the Unfunded Mandates Reform Act
Particulates from Lightweight Aggregate
of 1995 (Pub. L. 104–4);
Processes; 02D .0513, Particulates from
• Does not have federalism
Portland Cement Plants; 02D .0514,
implications as specified in Executive
Particulates from Ferrous Jobbing
Order 13132 (64 FR 43255, August 10,
Foundries; and 02D .0515, Particulates
1999);
from Miscellaneous Industrial
• Is not an economically significant
Processes. Also in this document, EPA
regulatory action based on health or
is proposing to remove Rule 02D .0536,
safety risks subject to Executive Order
Particulate Emissions from Electric
13045 (62 FR 19885, April 23, 1997);
Utility Boilers, from the North Carolina
• Is not a significant regulatory action
SIP, which is incorporated by reference
subject to Executive Order 13211 (66 FR
in accordance with the requirements of
28355, May 22, 2001); and
1 CFR part 51. EPA has made, and will
• Is not subject to requirements of
continue to make, the SIP generally
section 12(d) of the National
available at the EPA Region 4 office
Technology Transfer and Advancement
(please contact the person identified in
Act of 1995 (15 U.S.C. 272 note) because
the FOR FURTHER INFORMATION CONTACT
application of those requirements would
section of this preamble for more
be inconsistent with the CAA.
information).
In addition, the SIP is not approved
to apply on any Indian reservation land
12 EPA is not proposing to act on the removal of
or in any other area where EPA or an
the term ‘‘elsewhere,’’ in Rule 02D .0506(e) since
Indian tribe has demonstrated that a
the removal of this word was withdrawn from EPA
tribe has jurisdiction. In those areas of
consideration in a letter dated January 17, 2023,
which is in the docket for this NPRM.
Indian country, the rule does not have
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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,
February 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,
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16:27 Aug 31, 2023
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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.’’
The 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 proposed
action. Due to the nature of the action
being proposed here, this proposed
action is expected to have a neutral to
positive impact on the air quality of the
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60429
affected area. Consideration of EJ is not
required as part of this proposed 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 25, 2023.
Carol Kemker,
Acting Regional Administrator, Region 4.
[FR Doc. 2023–18707 Filed 8–31–23; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Proposed Rules]
[Pages 60424-60429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18707]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0391; FRL-11368-01-R4]
Air Plan Approval; North Carolina; Revisions to Miscellaneous
Particulate Matter Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of North Carolina through the North Carolina Division of Air
Quality (NCDAQ) via a letter dated April 13, 2021. The SIP revision
seeks to modify the State's emission control standards by amending
several air quality rules and removing a redundant rule for electric
utility boilers. EPA is proposing to approve these changes pursuant to
the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before October 2, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0391, 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 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 www.epa.gov/dockets/commenting-epa-dockets.
[[Page 60425]]
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, GA 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. Overview
EPA is proposing to approve a SIP revision submitted by North
Carolina on April 14, 2021,\1\ seeking to amend various air quality
rules and to remove one rule from the North Carolina SIP.\2\
Specifically, the SIP revision addresses State regulations amended in
15A North Carolina Administrative Code (NCAC) Subchapter 02D. The
submission includes changes to multiple rules in Sections .0400 and
.0500 of Subchapter 02D and the removal of Rule 02D .0536, Particulate
Emissions from Electric Utility Boilers.\3\ To support the request to
remove Rule 02D .0536 from the SIP, the submission includes technical
support materials to demonstrate that the removal of the rule would not
interfere with any applicable requirement concerning attainment and
reasonable further progress (RFP) or any other applicable requirement
of the CAA.\4\
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\1\ EPA notes that the April 14, 2021, submission was received
under a cover letter dated April 13, 2021. For clarity, throughout
this document EPA will refer to the April 14, 2021, submission by
its cover letter date of April 13, 2021.
\2\ The April 13, 2021, submittal contains revisions to other
North Carolina SIP-approved rules that are not addressed in this
document. EPA will act on those rule changes in separate
rulemakings.
\3\ EPA will not act on Rule 02D .0503, Particulates from Fuel
Burning Indirect Heat Exchangers, since this section was withdrawn
from EPA consideration in a letter dated January 17, 2023, which is
in the docket of this notice of proposed rulemaking (NPRM).
\4\ See CAA section 110(l).
---------------------------------------------------------------------------
EPA's analysis of North Carolina's April 13, 2021, SIP revision is
organized into two parts under Section II. Section II.A provides
information and analysis relevant to the amended rules, and Section
II.B provides the background and analysis for the removal of Rule 02D
.0536.
II. Analysis of North Carolina's April 14, 2021, SIP Revision
A. Amended Rules
North Carolina submitted changes to several rules within Subchapter
2D Sections .0400 and .0500 which do not alter the meaning of or make
significant changes to those rules. Specifically, the following rules
were submitted with changes to reformat equations and regulatory
citations, make minor language edits, correct typographical errors,
amend punctuation, and make clarifying edits: Rule 02D .0403, Total
Suspended Particulates; Rule 02D .0501, Compliance with Emission
Control Standards; Rule 02D .0504, Particulates from Wood Burning
Indirect Heat Exchangers; Rule 02D .0506, Particulates from Hot Mix
Asphalt Plants; Rule 02D .0507, Particulates from Chemical Fertilizer
Manufacturing Plants; Rule 02D .0508, Particulates from Pulp and Paper
Mills; Rule 02D .0509, Particulates from Mica and Feldspar Processing
Plants; Rule 02D .0510, Particulates from Sand, Gravel, or Crushed
Stone Processes; Rule 02D .0511, Particulates from Lightweight
Aggregate Processes; 02D .0512, Particulates from Wood Products
Finishing Plants; Rule 02D .0513, Particulates from Portland Cement
Plants; Rule 02D .0514, Particulates from Ferrous Jobbing Foundries;
and Rule 02D .0515, Particulates from Miscellaneous Industrial
Processes. Certain changes to these rules are described below.
1. Rule 02D .0501, Compliance With Emission Control Standards
Rule 02D .0501, Compliance with Emission Control Standards, is
revised in paragraph (d)(1)(D) to clarify that the review of an
application for the proposed mix of alternative controls and the
enforcement of a resulting permit will not require expenditures on the
part of the State more than five times that which would otherwise be
required for review and enforcement of other permits. Additionally, in
paragraph (d)(2), a weblink is added to allow access to the SIP on the
DAQ website. Paragraph (e) is revised to clarify that any changes made
to the permit of a facility invoking paragraph (d) will be submitted to
EPA to consider the changes' approvability.
2. Rule 02D .0504, Particulates From Wood Burning Indirect Heat
Exchangers
Rule 02D .0504, Particulates from Wood Burning Indirect Heat
Exchangers, is revised at paragraph (a) to clarify that Rule 02D .0504
applies only to equipment that burns 100 percent wood and to address
text deleted from paragraph (f) by stating that equipment that burns
wood and other fuels in combination is subject to Rule 02D .0503,
Particulates from Fuel Burning Indirect Heat Exchangers.
Rule 02D .0504 is also revised at paragraph (e) to prohibit a
change in the allowable emission limit for wood burning indirect heat
exchangers with previously established allowable emission limits due to
the removal of a wood burning indirect heat exchanger. This change
means that the emission limit will remain more stringent in this
scenario (i.e., where a wood burning indirect heat exchanger has been
removed but not replaced) because whereas a lower heat input (resulting
from such removal) would otherwise result in a higher emission limit
according to the equation in paragraph (c), the limit is not to be
adjusted with such removal. Next, language is added to specify that for
indirect heat exchangers constructed after, or in conjunction with, the
removal of an existing unit, the maximum heat input of the removed wood
burning indirect heat exchanger shall no longer be considered in the
determination of the allowable emission limit for any wood burning
indirect heat exchanger constructed after or in conjunction with the
removal. In this scenario (i.e., where a new unit is constructed either
contemporaneously with the removal of an existing unit or after the
existing unit has been removed), the emission limit is to be updated in
accordance with the equation in paragraph (c). This change clarifies
the applicability of the change regarding removed indirect heat
exchangers and maintains the stringency of the existing rule with
respect to newly constructed indirect heat exchangers.
Paragraph (e) is also revised to add language pertaining to
facilities or institutions for which the indirect heat exchanger is
utilized primarily for ``comfort heat.'' Specifically, the new language
states that for those facilities and institutions, only those wood
burning indirect heat exchangers ``located in the same power plant or
building or otherwise physically interconnected, such as common flues,
steam, or power distribution line'' are used to determine the total
heat input to calculate the corresponding PM emission limit. This
change aligns Rule 02D .0504 with existing language in Rule 02D
.0503(e) (addressing PM emissions from fuel burning indirect heat
exchangers), which has always treated units purposed for comfort heat
differently. This change is meant to make paragraph (e) consistent with
the definition of ``plant site'' at subparagraph .0504(a)(3) for units
whose primary wood burning capacity is for comfort heat, such that only
those units in the same power plant or building or otherwise physically
interconnected are treated as units at the same ``plant site.'' North
Carolina
[[Page 60426]]
explained in a clarification letter dated January 17, 2023, which is in
the docket for this NPRM, that it added the text to ``clarify instances
of when such units whose primary wood burning capacity is for providing
comfort heat would be considered `functionally dependent' in their
operations under the definition of plant site in 02D .0504(a)(3)(C).''
NCDAQ notes that units which are otherwise ``interconnected'' would
satisfy the criterion of being ``functionally dependent'' at
.0504(a)(3)(C). This treatment of these indirect heat exchangers
reflects the fact that units primarily used for comfort heat have a
more limited purpose and should be treated collectively to the extent
they are located together or otherwise interconnected, but not if they
are on adjacent properties and are not heating the same buildings or
connected to the same power distribution line. Therefore, as explained
by NCDAQ,\5\ the addition of the text does not change the emission
limits set forth in paragraph (c).
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\5\ See the January 17, 2023, clarification letter from NCDAQ,
which is included in the docket for this NPRM.
---------------------------------------------------------------------------
3. Rule 02D .0506, Particulates From Hot Mix Asphalt Plants
Rule 02D .0506, Particulates from Hot Mix Asphalt Plants, is
revised at paragraph (a) to specify that the allowable emissions rates
apply to emissions originating from the stack or chimney of hot mix
asphalt batch plants regulated by this rule.\6\ This is a clarifying
amendment meant to recognize that there could be fugitive emissions,
which, by definition, would not pass through the stack or chimney.
Paragraph (c) in the SIP-approved version of the rule states that any
non-process fugitive emissions are covered by Rule 02D .0540,
Particulates from Fugitive Non-Process Dust Emission Sources, which
covers ``particulate matter that is not collected by a capture system
and is generated from areas such as pit areas, process areas, haul
roads, stockpiles, and plant roads,'' as defined in Rule 02D .0540.
---------------------------------------------------------------------------
\6\ In addition to the changes outlined in this Section II.A.3,
the State also removed paragraph (f) in the November 1, 2020, state-
effective rule amendments at Rule 02D .0506. EPA never approved
paragraph (f) into the North Carolina SIP, therefore, there is no
EPA action requested with respect to this paragraph.
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The revision to Rule 02D .0506 also reorders some of the
paragraphs. Paragraph (b) is reordered as paragraph (c). A new
paragraph (b) is added to establish a 20 percent opacity limit for all
hot mix asphalt plants. The requirement that fugitive process dust
control systems (for their drying, conveying, classifying, and mixing
equipment) be controlled in accordance with the opacity provisions in
Rules 02D .0521, Control of Visible Emissions, and 02D .0524, New
Source Performance Standards, is removed from paragraph (c), as
reordered, and sources are instead required to be equipped with
scavenger process dust control systems that must exhaust through a
stack or vent and be operated in a manner to comply with requirements
established in paragraphs (a) and (b). Under the SIP, fugitive process
dust emissions from hot mix asphalt plants are regulated by Rule 02D
.0521, with some sources subject to a 20 percent opacity standard and
others a 40 percent opacity standard depending on their date of
manufacture, or Rule 02D .0524 which references Federal new source
performance standards. The purpose of adding paragraph (b) is to
require all hot mix asphalt plants, which are now required to have
scavenger process dust control systems for their fugitive process
emissions, to comply with an opacity standard of 20 percent, regardless
of when they were constructed. The current SIP-approved paragraph (c),
which states that fugitive non-process dust emissions are controlled by
Rule 02D .0540, Particulates from Fugitive Dust Emission Sources, is
also reordered as paragraph (d).
In paragraph (c), as reordered, there are changes to the language
concerning the process dust control system. First, the SIP-approved
version of the paragraph describes the control as a ``fugitive process
dust control system,'' and the updated term in the revised version--
``scavenger process dust control system''--simply reflects that the
dust control system is designed to collect, control, and vent the
process dust emissions. Next, the SIP-approved language stating that
these systems ``shall be operated and maintained in such a manner as to
reduce to a minimum the emission of particulate matter from any point
other than the stack outlet'' is updated to say the dust control system
``shall exhaust through a stack or vent and shall be operated and
maintained in such a manner as to comply with Paragraphs (a) and (b)''
of 02D .0506. The paragraph, as revised, no longer mentions reducing
emissions from any point other than the stack because the dust control
system is designed to collect and process these emissions through the
stack or vent, thereby specifically reducing any such fugitive
emissions. The new requirement that the system be operated to comply
with paragraphs (a) and (b) means that the system must meet both the
particulate matter (PM) emission limit and visibility requirements of
the rule.
The revised version of Rule 02D .0506 also includes a new paragraph
(e), which provides that any fugitive emissions not otherwise covered
by 02D .0506 are not to exceed 20 percent opacity. EPA is not acting on
the removal of the word ``elsewhere,'' in paragraph (e), however, the
Agency is acting on the remaining text in the paragraph.\7\
---------------------------------------------------------------------------
\7\ EPA will not act on the removal of the term ``elsewhere,''
in Rule 02D .0506(e) since the removal of this word was withdrawn
from EPA consideration in a letter dated January 17, 2023, which is
in the docket for this NPRM.
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4. Rule 02D .0510, Particulates From Sand, Gravel or Crushed Stone
Processes
Rule 02D .0510, Particulates from Sand, Gravel or Crushed Stone
Processes, is revised to provide examples of measures that owners or
operators of sand, gravel, or crushed stone operations could make to
``reduce to a minimum any PM becoming airborne.'' Specifically,
paragraph (a) is revised to include examples of possible control
measures: ``such as application of a dust or wet suppressant, soil
stabilizers, covers, or add-on particulate control devices.'' This is a
noncomprehensive, illustrative list of possible controls to meet the
requirement to minimize PM emissions. As such, this additional language
clarifies but does not change the meaning of the rule.
5. Rule 02D .0511, Particulates From Lightweight Aggregate Processes
Rule 02D .0511, Particulates From Lightweight Aggregate Processes,
is revised at paragraph (a) to provide one example of a measure--wet
suppression--that owners or operators of a lightweight aggregate
process could take to ``reduce to a minimum any PM becoming airborne.''
As such, this additional language clarifies but does not change the
meaning of the rule. Paragraph (d) is also revised to remove the
statement that ``[t]he 95 percent reduction shall be by air pollution
control devices.'' This paragraph requires that PM from any stack
serving lightweight aggregate kilns or dryers ``shall be reduced by at
least 95 percent by weight before being discharged to the atmosphere.''
This reduction requirement remains in place; only the specification as
to the means of reduction, not the control requirement itself, is
changing.
[[Page 60427]]
6. Rule 02D .0512, Particulates From Wood Products Finishing Plants
Rule 02D .0512, Particulates from Wood Products Finishing Plants,
is revised to clarify that collectors and duct work must be properly
designed and adequate to collect PM to the maximum extent practicable
and that Commission approval of other devices proposed for meeting the
requirements of Rule 02D .0512 shall occur on a case-by-case basis. The
SIP-approved language states that ``such other devices as approved by
the Commission'' can be utilized to collect and vent PM. Therefore,
this additional language regarding other devices clarifies, but does
not change, the meaning of the rule.
7. Rule 02D .0513, Particulates From Portland Cement Plants
Rule 02D .0513, Particulates from Portland Cement Plants, is
revised at paragraph (a)(1) to remove the statement that ``the 99.7
percent reduction shall be by air pollution control devices.'' This
paragraph requires that PM from any Portland cement kiln ``shall be
reduced by at least 99.7 percent by weight before being discharged to
the atmosphere.'' This reduction requirement remains in place; only the
specification as to the means of reduction, not the control requirement
itself, is changing.
For the reasons discussed above, the changes described in this
Section II.A would not interfere with any applicable requirement
concerning attainment and RFP or any other applicable CAA requirement,
consistent with section 110(l) of the CAA.
B. Removal of 02D .0536, Particulate Emissions From Electric Utility
Boilers
On January 24, 1983, and February 21, 1983, North Carolina
submitted Rule 02D .0536, Particulate Emissions from Electric Utility
Boilers, to EPA for incorporation into the SIP. Subsequently, North
Carolina supplemented the submissions on December 17, 1985, and June
19, 1987. The regulation prescribes PM emission limits for thirteen
electric utility power plants in the State belonging to Duke Power
Company (Duke) and Carolina Power and Light (CP&L) relative to Rule 02D
.0503, Particulates from Fuel-Burning Indirect Heat Exchangers. EPA
approved portions of and disapproved other portions of Rule 02D .0536
in 1988.\8\ See 53 FR 11068 (April 5, 1988). The approved portions of
the regulation set new: relaxed short-term emission limits for eight of
the plants, retaining, although recodifying, the emission limit for one
additional plant; stack testing requirements; and requirements for
submittal of malfunction abatement plans.\9\
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\8\ EPA approved changes to Rule 02D .0536 in 1996 and 2019. See
61 FR 5689 (February 14, 1996) and 84 FR 14019 (April 9, 2019).
\9\ The portions not approved in the 1988 action included
emission and opacity limits for four plants--CP&L's Asheville, Lee,
Sutton, and Weatherspoon facilities--which were to be acted upon in
a separate rulemaking, and the annual opacity limits for all plants,
which were disapproved.
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On July 9, 2020, North Carolina repealed Rule 02D .0536 to remove
from its rules requirements that had become obsolete. EPA is proposing
to approve NCDAQ's request in the April 14, 2021, submission to remove
the Rule from the North Carolina SIP. Further analysis is provided
below.
1. EPA's Analysis of North Carolina's Non-Interference Demonstration
i. Particulate Matter
In North Carolina's April 14, 2021, SIP revision, the State
concluded that the removal of the Rule 02D .0536, Particulate Emissions
from Electric Utility Boilers, would not interfere with any applicable
requirement concerning attainment of the National Ambient Air Quality
Standards. Rule 02D .0536 contains requirements less stringent than
other sections of the North Carolina SIP. Specifically, paragraph (c)
of Rule 02D .0503 contains PM emission limitations that are at least as
stringent as those of Rule 02D .0536. NCDAQ confirms in its submittal
that many units subject to Rule 02D .0536 have been permanently shut
down, which include five units at the Buck facility, four units at the
Cliffside facility, three units at the Dan Rivers facility, four units
at the Riverbend facility, and two units at the Cape Fear facility.\10\
The remaining units are subject to the more or equally stringent PM
emission limits of Rule 02D .0503(c), as described in North Carolina's
April 13, 2021, SIP submittal and shown in the table below.
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\10\ EPA notes that the removal of the Rule 02D .0536 emission
limits for CP&L's Asheville, Lee, Sutton, and Weatherspoon
facilities is not before EPA for consideration because these
emission limits were disapproved by EPA on June 16, 1988, and are
therefore not part of the North Carolina SIP. See 53 FR 22486 and 40
CFR 52.1781(c). EPA also notes that each of these units has since
shut down, as reflected in the April 13, 2021, submittal.
------------------------------------------------------------------------
PM emission PM emission
limits in Rule limits in Rule
Unit identification 02D .0536 (lb/ 02D .0503 (lb/
MMBtu) MMBtu)
------------------------------------------------------------------------
Allen 1................................. 0.25 0.15
Allen 2................................. 0.25 0.15
Allen 3................................. 0.25 0.13
Allen 4................................. 0.25 0.13
Allen 5................................. 0.25 0.13
Belews Creek 1.......................... 0.15 0.10
Belews Creek 2.......................... 0.15 0.10
Cliffside 5............................. 0.25 0.11
Marshall 1.............................. 0.20 0.12
Marshall 2.............................. 0.20 0.12
Marshall 3.............................. 0.18 0.11
Marshall 4.............................. 0.18 0.11
Roxboro 1............................... 0.25 0.12
Roxboro 2............................... 0.16 0.11
Roxboro 3............................... 0.10 0.10
------------------------------------------------------------------------
EPA has evaluated the State's analysis and proposes to agree with
North Carolina's conclusion that removal of Rule 02D .0536, Particulate
Emissions from Electric Utility Boilers, from the SIP would not
interfere with any applicable requirement concerning attainment and RFP
or any other applicable CAA requirement.
[[Page 60428]]
ii. Quality Assurance Measures
Rule 02D .0536 also addresses measures required for development and
implementation of a quality assurance program. The program covers the
requirements for opacity monitoring systems and measuring opacity. In
North Carolina's April 14, 2021, SIP revision, the State notes that the
removal of Rule 02D .0536 does not constitute a relaxation of
requirements for electric generating units since the affected units are
still regulated by Rule 02D .0613, Quality Assurance Program, which is
also SIP-approved. Like Rule 02D .0536, Rule 02D .0613 establishes that
the Director may require the submission of a quality assurance program
under certain conditions. The quality assurance program must consist of
procedures and frequencies for calibration, standards, traceability,
operational checks, maintenance, auditing, data validation, and a
schedule for implementing the quality assurance program. Accordingly,
EPA proposes that removal of the Rule 02D .0536 does not alter the
requirements of the SIP in this regard.
iii. Malfunction Abatement Plans
North Carolina's repeal of Rule 02D .0536 removes requirements at
paragraph (h) for malfunctions or equipment failures. Because the
associated PM limits of Rule 02D .0536 are proposed for removal from
the SIP, as described above, these malfunction abatement plan
provisions would no longer serve their original intended purpose and
are not necessary. Therefore, EPA agrees with North Carolina's analysis
that removal of paragraph (h) would not interfere with any applicable
requirement concerning attainment, RFP, or any other applicable CAA
requirement.
iv. Stack Testing Requirements
NCDAQ explains that the stack testing provision in Rule 02D
.0536(d) provided the most practicable approach to demonstrating
compliance when it was adopted on March 1, 1983, based on factors such
as cost and time. However, to meet State and Federal requirements,\11\
the emitting units affected by the repeal of Rule 02D .0536 have since
undergone updates to more advanced monitoring systems that provide
real-time emissions data; NCDAQ confirms in its SIP revision that all
subject units have installed PM continuous emission monitoring systems.
Furthermore, as noted above, because the PM limits of Rule 02D .0536
are proposed for removal from the SIP, these associated stack testing
requirements would no longer serve their original intended purpose and
are not necessary. Therefore, EPA is proposing to agree with the
State's analysis that the removal of the stack testing provision with
the repeal of Rule 02D .0536 will not interfere with any applicable
requirement concerning attainment, RFP, or any other CAA requirement.
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\11\ See 15A NCAC 02D .0530, Prevention of Significant
Deterioration, and 40 Code of Federal Regulations Part 63, Subpart
UUUUU--National Emission Standards for Hazardous Air pollutants:
Coal- and Oil-Fired Electric Utility Steam Generating Units
identified in the SIP revision at Attachment 2--Supplemental
Information.
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III. Incorporation by Reference
In this document, EPA is proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, and as discussed in Section II of
this preamble, EPA is proposing to incorporate by reference the
following air quality rules under 15A NCAC 02D, Air Pollution Control
Requirements, state effective on November 1, 2020: Rules 02D .0403,
Total Suspended Particulates; 02D .0501, Compliance with Emission
Control Standards; 02D .0504, Particulates from Wood Burning Indirect
Heat Exchangers; 02D .0506, Particulates from Hot Mix Asphalt Plants;
\12\ 02D .0507, Particulates from Chemical Fertilizer Manufacturing
Plants; 02D .0508, Particulates from Pulp and Paper Mills; 02D .0509,
Particulates from Mica and Feldspar Processing Plants; 02D .0510,
Particulates from Sand, Gravel or Crushed Stone Processes; 02D .0511,
Particulates from Lightweight Aggregate Processes; 02D .0513,
Particulates from Portland Cement Plants; 02D .0514, Particulates from
Ferrous Jobbing Foundries; and 02D .0515, Particulates from
Miscellaneous Industrial Processes. Also in this document, EPA is
proposing to remove Rule 02D .0536, Particulate Emissions from Electric
Utility Boilers, from the North Carolina SIP, which is incorporated by
reference in accordance with the requirements of 1 CFR part 51. EPA has
made, and will continue to make, the SIP generally available 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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\12\ EPA is not proposing to act on the removal of the term
``elsewhere,'' in Rule 02D .0506(e) since the removal of this word
was withdrawn from EPA consideration in a letter dated January 17,
2023, which is in the docket for this NPRM.
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IV. Proposed Action
For the reasons explained above, EPA is proposing to approve North
Carolina's April 14, 2021, SIP revision seeking to amend various air
quality rules and to remove Rule 02D .0536 from North Carolina's SIP.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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. Accordingly, this
proposed 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 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
[[Page 60429]]
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,
February 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.''
The 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 proposed action. Due to the
nature of the action being proposed here, this proposed 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
proposed 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 25, 2023.
Carol Kemker,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-18707 Filed 8-31-23; 8:45 am]
BILLING CODE 6560-50-P
