Air Plan Approval; North Carolina; Revisions to Miscellaneous Particulate Matter Rules, 75500-75503 [2023-24033]
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such effect on State, local, and tribal
governments, or on the private sector.
ENVIRONMENTAL PROTECTION
AGENCY
Paperwork Reduction Act (PRA)
40 CFR Part 52
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
[EPA–R04–OAR–2022–0391; FRL–11368–
02–R4]
Assistance Listing
The Assistance Listing numbers and
titles for this rule are 64.101, Burial
Expenses Allowance for Veterans;
64.102, Compensation for ServiceConnected Deaths for Veterans’
Dependents; 64.105, Pension to
Veterans, Surviving Spouses, and
Children; 64.109, Veterans
Compensation for Service-Connected
Disability; and 64.110, Veterans
Dependency and Indemnity
Compensation for Service-Connected
Death.
Congressional Review Act
Pursuant to Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act) (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not a major rule, as defined by 5
U.S.C. 804(2).
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, and Veterans.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, signed and approved
this document on August 24, 2023, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of General Counsel,
Department of Veterans Affairs.
PART 3—ADJUDICATION
The interim final rule amending 38
CFR part 3 which was published at 87
FR 24421 on April 26, 2022, is adopted
as final without change.
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[FR Doc. 2023–24195 Filed 11–2–23; 8:45 am]
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Air Plan Approval; North Carolina;
Revisions to Miscellaneous Particulate
Matter Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of North Carolina
through the North Carolina 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
approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective December 4,
2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0391. 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,
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:
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
SUMMARY:
PO 00000
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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 approving 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 removal
of 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
Through a notice of proposed
rulemaking (NPRM) published on
September 1, 2023 (88 FR 60424), EPA
proposed to approve the April 13, 2021,
submission. The details of North
Carolina’s submission, which amends
various air quality rules and removes
Rule 02D .0536 from North Carolina’s
SIP, as well as EPA’s rationale for
approving the changes, are described in
the September 1, 2023, NPRM.
Comments on the September 1, 2023,
NPRM were due on or before October 2,
2023. No comments were received on
the September 1, 2023, NPRM, adverse
or otherwise.
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 the
following air quality rules under 15A
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 On April 13, 2021, North Carolina provided
multiple SIP revisions related to other North
Carolina SIP-approved rules. These SIP revisions
are not addressed in this document. EPA will act
or has acted on those SIP revisions 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 action.
4 See 42 U.S.C. 7410(l).
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NCAC Subchapter 02D, Air Pollution
Control Requirements, state effective on
November 1, 2020: 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; 5 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 finalizing the removal of 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).
Therefore, the revised materials as
stated above, have been approved by
EPA for inclusion in the SIP, 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.6
5 As noted in the NPRM, EPA is not acting on the
removal of the term ‘‘elsewhere’’ in Rule 02D
.0506(e) because North Carolina withdrew the
removal of this word from EPA consideration in a
letter dated January 17, 2023, which is in the docket
for this action. The term ‘‘elsewhere’’ is included
in the August 1, 2004, state effective version of Rule
02D .0506(e). The April 13, 2021, SIP submittal
includes the August 1, 2004, version of the Rule
with redline/strikeout changes showing the
differences between the August 1, 2004, version of
the rule and the November 1, 2020, version of the
Rule. Therefore, to implement the State’s April 13,
2021, SIP submittal, as amended by the withdrawal
letter, EPA is incorporating by reference the version
of the Rule state effective on November 1, 2020,
except for the phrase ‘‘not covered’’ in paragraph
.0506(e), and is incorporating by reference the
phrase ‘‘not covered elsewhere’’ from the version of
.0506(e) state effective on August 1, 2004. The
resulting regulatory text in paragraph .0506(e) in the
SIP reads, ‘‘Fugitive emissions for sources at a hot
mix asphalt plant not covered elsewhere by this
Rule shall not exceed 20 percent opacity averaged
over six minutes.’’
6 See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the aforementioned
changes to the North Carolina SIP.
Specifically, EPA is finalizing the
approval of the April 13, 2021, SIP
revision which amends various air
quality rules under 15A NCAC 02D, Air
Pollution Control Requirements, and
removes Rule 02D .0536 from North
Carolina’s SIP.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• 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
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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,
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.’’
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 2, 2024. 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
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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,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: October 24, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
a. Under the heading ‘‘Section .0400
Ambient Air Quality Standards’’,
revising the entry for ‘‘Rule .0403’’;
■ b. Under the heading ‘‘Section .0500
Emission Control Standards’’, revising
the entries for ‘‘Rule .0501’’, ‘‘Rule
.0504’’, ‘‘Rule .0506’’, ‘‘Rule .0507’’,
‘‘Rule .0508’’, ‘‘Rule .0509’’, ‘‘Rule
.0510’’, ‘‘Rule .0511’’, ‘‘Rule .0513’’,
‘‘Rule .0514’’, and ‘‘Rule .0515’’; and
removing the entry for ‘‘Rule .0536’’.
The revisions read as follows:
■
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.
§ 52.1770
*
Subpart II—North Carolina
2. In § 52.1770(c), amend ‘‘Table (1)
EPA-Approved North Carolina
Regulations’’ by:
■
Identification of plan.
*
*
(c) * * *
*
*
(1) EPA-APPROVED NORTH CAROLINA REGULATIONS
State citation
*
State effective
date
Title/subject
*
*
*
Section .0400
*
Rule .0403 ..............
*
*
*
Total Suspended Particulates ...
*
*
*
11/1/2020
*
11/3/2023, [Insert citation of
publication].
*
11/1/2020
11/3/2023, [Insert citation of
publication].
*
Rule .0504 ..............
*
*
Particulates from Wood Burning
Indirect Heat Exchangers.
*
11/1/2020
*
11/3/2023, [Insert citation of
publication].
*
Rule .0506 ..............
*
*
Particulates from Hot Mix Asphalt Plants.
*
11/1/2020
*
11/3/2023, [Insert citation of
publication].
Rule .0507 ..............
Particulates from Chemical Fertilizer Manufacturing Plants.
Particulates from Pulp and
Paper Mills.
Particulates from Mica or Feldspar Processing Plants.
Particulates from Sand, Gravel,
or Crushed Stone Operations.
Particulates from Lightweight
Aggregate Processes.
11/1/2020
11/3/2023, [Insert
publication].
11/3/2023, [Insert
publication].
11/3/2023, [Insert
publication].
11/3/2023, [Insert
publication].
11/3/2023, [Insert
publication].
Rule .0510 ..............
Rule .0511 ..............
*
Rule .0513 ..............
Rule .0514 ..............
Rule .0515 ..............
VerDate Sep<11>2014
*
*
Particulates from Portland Cement Plants.
Particulates from Ferrous Jobbing Foundries.
Particulates from Miscellaneous
Industrial Processes.
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*
*
*
*
*
*
*
Emission Control Standards
Compliance with Emission Control Standards.
Rule .0509 ..............
*
Ambient Air Quality Standards
Rule .0501 ..............
Rule .0508 ..............
Explanation
*
*
Section .0500
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EPA approval date
11/1/2020
11/1/2020
11/1/2020
11/1/2020
*
11/1/2020
11/1/2020
11/1/2020
Fmt 4700
*
*
Except that, in paragraph (e),
the phrase ‘‘not covered’’ is
replaced with the phrase ‘‘not
covered elsewhere’’ from
paragraph (e), with a state effective date of August 1,
2004.
citation of
citation of
citation of
citation of
citation of
*
11/3/2023, [Insert citation of
publication].
11/3/2023, [Insert citation of
publication].
11/3/2023, [Insert citation of
publication].
Sfmt 4700
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(1) EPA-APPROVED NORTH CAROLINA REGULATIONS—Continued
State citation
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[FR Doc. 2023–24033 Filed 11–2–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2023–0507; FRL–11517–01–
OCSPP]
Extension of Tolerances for
Emergency Exemptions; Multiple
Chemicals
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation extends timelimited tolerances for residues of
clothianidin, kasugamycin, methyl
bromide, and triclopyr in or on various
commodities as identified in this
document. These actions are in response
to EPA’s granting of emergency
exemptions under section 18 of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
use of these pesticides. In addition, the
Federal Food, Drug, and Cosmetic Act
(FFDCA) requires EPA to establish a
time-limited tolerance or exemption
from the requirement for a tolerance for
pesticide chemical residues in food that
will result from the use of a pesticide
under an emergency exemption granted
by EPA under FIFRA. Additionally, EPA
is removing time-limited tolerances for
residues of flupyradifurone in or on
sugar cane and sweet sorghum
commodities.
DATES: This regulation is effective
November 3, 2023. Objections and
requests for hearings must be received
on or before January 2, 2024 and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2023–0507, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
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SUMMARY:
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*
*
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
Docket is (202) 566–1744. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Director, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Office of the Federal
Register’s e-CFR site at https://
www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
PO 00000
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Explanation
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*
*
OPP–2023–0507 in the subject line on
the first page of your submission. All
requests must be in writing and must be
received by the Hearing Clerk on or
before January 2, 2024. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2023–0507, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be CBI
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/where-sendcomments-epa-dockets.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Background and Statutory Findings
EPA previously published final rules
establishing time-limited tolerances in
the Federal Register for the chemicals
and commodities listed below under
FFDCA section 408, 21 U.S.C. 346a.
EPA established the tolerances because
FFDCA section 408(l)(6) requires EPA to
establish a time-limited tolerance or
exemption from the requirement for a
tolerance for pesticide chemical
residues in food that will result from the
use of a pesticide under an emergency
exemption granted by EPA under FIFRA
section 18. Such tolerances can be
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]]>Agencies
[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75500-75503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24033]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0391; FRL-11368-02-R4]
Air Plan Approval; North Carolina; Revisions to Miscellaneous
Particulate Matter Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving these changes pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective December 4, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0391. 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, 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: 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 approving 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 removal of 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\ On April 13, 2021, North Carolina provided multiple SIP
revisions related to other North Carolina SIP-approved rules. These
SIP revisions are not addressed in this document. EPA will act or
has acted on those SIP revisions 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 action.
\4\ See 42 U.S.C. 7410(l).
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Through a notice of proposed rulemaking (NPRM) published on
September 1, 2023 (88 FR 60424), EPA proposed to approve the April 13,
2021, submission. The details of North Carolina's submission, which
amends various air quality rules and removes Rule 02D .0536 from North
Carolina's SIP, as well as EPA's rationale for approving the changes,
are described in the September 1, 2023, NPRM. Comments on the September
1, 2023, NPRM were due on or before October 2, 2023. No comments were
received on the September 1, 2023, NPRM, adverse or otherwise.
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 the following air quality
rules under 15A
[[Page 75501]]
NCAC Subchapter 02D, Air Pollution Control Requirements, state
effective on November 1, 2020: 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; \5\ 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 finalizing the removal of 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). Therefore, the revised materials
as stated above, have been approved by EPA for inclusion in the SIP,
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.\6\
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\5\ As noted in the NPRM, EPA is not acting on the removal of
the term ``elsewhere'' in Rule 02D .0506(e) because North Carolina
withdrew the removal of this word from EPA consideration in a letter
dated January 17, 2023, which is in the docket for this action. The
term ``elsewhere'' is included in the August 1, 2004, state
effective version of Rule 02D .0506(e). The April 13, 2021, SIP
submittal includes the August 1, 2004, version of the Rule with
redline/strikeout changes showing the differences between the August
1, 2004, version of the rule and the November 1, 2020, version of
the Rule. Therefore, to implement the State's April 13, 2021, SIP
submittal, as amended by the withdrawal letter, EPA is incorporating
by reference the version of the Rule state effective on November 1,
2020, except for the phrase ``not covered'' in paragraph .0506(e),
and is incorporating by reference the phrase ``not covered
elsewhere'' from the version of .0506(e) state effective on August
1, 2004. The resulting regulatory text in paragraph .0506(e) in the
SIP reads, ``Fugitive emissions for sources at a hot mix asphalt
plant not covered elsewhere by this Rule shall not exceed 20 percent
opacity averaged over six minutes.''
\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the aforementioned changes to the North Carolina
SIP. Specifically, EPA is finalizing the approval of the April 13,
2021, SIP revision which amends various air quality rules under 15A
NCAC 02D, Air Pollution Control Requirements, and removes Rule 02D
.0536 from North Carolina's SIP.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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,
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.''
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 2, 2024. 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
[[Page 75502]]
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, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: October 24, 2023.
Jeaneanne Gettle,
Acting 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(c), amend ``Table (1) EPA-Approved North Carolina
Regulations'' by:
0
a. Under the heading ``Section .0400 Ambient Air Quality Standards'',
revising the entry for ``Rule .0403'';
0
b. Under the heading ``Section .0500 Emission Control Standards'',
revising the entries for ``Rule .0501'', ``Rule .0504'', ``Rule
.0506'', ``Rule .0507'', ``Rule .0508'', ``Rule .0509'', ``Rule
.0510'', ``Rule .0511'', ``Rule .0513'', ``Rule .0514'', and ``Rule
.0515''; and removing the entry for ``Rule .0536''.
The revisions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA-Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule .0403.................. Total Suspended 11/1/2020 11/3/2023, [Insert ...................
Particulates. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Rule .0501.................. Compliance with 11/1/2020 11/3/2023, [Insert ...................
Emission Control citation of
Standards. publication].
* * * * * * *
Rule .0504.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Wood Burning citation of
Indirect Heat publication].
Exchangers.
* * * * * * *
Rule .0506.................. Particulates from 11/1/2020 11/3/2023, [Insert Except that, in
Hot Mix Asphalt citation of paragraph (e), the
Plants. publication]. phrase ``not
covered'' is
replaced with the
phrase ``not
covered
elsewhere'' from
paragraph (e),
with a state
effective date of
August 1, 2004.
Rule .0507.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Chemical Fertilizer citation of
Manufacturing publication].
Plants.
Rule .0508.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Pulp and Paper citation of
Mills. publication].
Rule .0509.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Mica or Feldspar citation of
Processing Plants. publication].
Rule .0510.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Sand, Gravel, or citation of
Crushed Stone publication].
Operations.
Rule .0511.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Lightweight citation of
Aggregate Processes. publication].
* * * * * * *
Rule .0513.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Portland Cement citation of
Plants. publication].
Rule .0514.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Ferrous Jobbing citation of
Foundries. publication].
Rule .0515.................. Particulates from 11/1/2020 11/3/2023, [Insert ...................
Miscellaneous citation of
Industrial publication].
Processes.
[[Page 75503]]
* * * * * * *
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* * * * *
[FR Doc. 2023-24033 Filed 11-2-23; 8:45 am]
BILLING CODE 6560-50-P
