Air Plan Approval; Forsyth County, North Carolina; Removal of Excess Emissions Provisions, 86755-86758 [2024-25392]
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86755
Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations
TABLE 1 TO PARAGRAPH (C)—EPA-APPROVED MISSISSIPPI LAWS AND REGULATIONS
State citation
State
effective
date
Title/subject
*
*
EPA approval date
*
*
Explanation
*
*
*
11 MAC Part 2—Chapter 2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
*
*
Rule 2.5 ..........................
*
*
Application Review .......
*
*
3/24/2024
*
10/31/2024, [Insert first
page of Federal Register citation].
*
*
*
*
Except for Rule 2.5(A) and 2.5(C) through (E)
which have a state effective date of 7/25/2013.
*
*
*
11 MAC Part 2—Chapter 5 Regulations for the Prevention of Significant Deterioration of Air Quality
Rule 5.1 ..........................
Purpose of this regulation.
3/24/2024
Rule 5.2 ..........................
Adoption of Federal
Rules by Reference.
3/24/2024
Rule 5.3 ..........................
Definition of term ‘‘Administrator’’.
3/24/2024
Rule 5.4 ..........................
3/24/2024
Rule 5.6 ..........................
Adoption of Federal
Rules for Exclusions
from Increment Consumption.
Transmittal of Permit
Applications to EPA
Administrator.
Applicability ...................
Rule 5.7 ..........................
Public Participation .......
3/24/2024
Rule 5.5 ..........................
*
*
*
§ 52.1276
■
*
*
[Removed and Reserved]
3. Remove and reserve § 52.1276.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R04–OAR–2023–0466; FRL–12179–
02–R4]
Air Plan Approval; Forsyth County,
North Carolina; Removal of Excess
Emissions Provisions
Environmental Protection
Agency (EPA).
AGENCY:
Final rule.
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10/31/2024, [Insert first
page of Federal Register citation].
10/31/2024, [Insert first
page of Federal Register citation].
10/31/2024, [Insert first
page of Federal Register citation].
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the North Carolina
Division of Air Quality (NCDAQ) on
behalf of the Forsyth County Office of
Environmental Assistance and
Protection (FCEAP or Forsyth County)
on November 28, 2022. The revision
was submitted in response to a finding
of substantial inadequacy and SIP call
published on June 12, 2015, concerning
excess emissions during startup,
shutdown, and malfunction (SSM)
events. EPA is approving the SIP
revision in accordance with
requirements for SIP provisions under
the Clean Air Act (CAA or Act) and
finds that such SIP revision corrects the
deficiencies identified in the Forsyth
County portion of the North Carolina
SIP in the June 12, 2015, SIP Call. EPA
is also approving minor and
administrative changes to certain
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The version of Rule 5.2 in the SIP does not incorporate the provisions at § 52.21(b)(2)(v)
and (b)(3)(iii)(c) that were stayed indefinitely
by the Fugitive Emissions Interim Rule (published in the Federal Register March 30,
2011).
10/31/2024, [Insert first
page of Federal Register citation].
10/30/2024, [Insert first
page of Federal Register citation].
SUMMARY:
[FR Doc. 2024–25243 Filed 10–30–24; 8:45 am]
ACTION:
7/25/2013
10/31/2024, [Insert first
page of Federal Register citation].
10/31/2024, [Insert first
page of Federal Register citation].
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regulatory provisions that have been
revised by the local agency since EPA’s
last approval of those provisions.
DATES:
This rule is effective December 2,
2024.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2023–0466. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Multi-Air Pollutant Coordination
ADDRESSES:
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Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
EPA requests that you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Faith Goddard, 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, Georgia 30303–8960.
The telephone number is (404) 562–
8757. Ms. Goddard can also be reached
via electronic mail at goddard.faith@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a September 12, 2024, notice of
proposed rulemaking (NPRM), EPA
proposed to approve the November 28,
2022, SIP revision submitted by NCDAQ
on behalf of Forsyth County in response
to a June 12, 2015, action titled ‘‘State
Implementation Plans: Response to
Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown, and Malfunction’’ (‘‘2015
SSM SIP Action’’). See 80 FR 33840
(June 12, 2015). EPA’s rationale for the
proposed approval and determination is
explained in the September 12, 2024,
NPRM.1 See 89 FR 74171. The public
comment period for EPA’s proposed
approval and determination ended on
October 3, 2024. EPA received one
comment on the September 12, 2024,
NPRM, but the comment is not relevant
to this action. The comment is available
in the docket for this action.
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II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
1 As discussed in the September 12, 2024, NPRM,
the November 28, 2022, submission contains a
revised cross-reference to source testing
requirements not approved into the Forsyth County
portion of the North Carolina SIP. EPA is not acting
on that change in this rulemaking. On September
27, 2024, in a letter dated September 26, 2024,
NCDAQ on behalf of FCEAP withdrew the portion
of the November 28, 2022, SIP revision updating the
aforementioned cross-reference and requested that
the existing SIP-approved source testing
requirements cross-reference be retained instead.
See the September 26, 2024, partial withdrawal
letter in the docket for this rulemaking.
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, and as discussed in Section I of
this preamble, EPA is finalizing the
incorporation by reference of Forsyth
County Air Quality Control Ordinance
and Technical Code Subchapter 3D,
Section .0500, Rule 3D .0535, Excess
Emissions Reporting and Malfunctions,
locally effective July 14, 2022, with the
following exceptions: EPA is not
incorporating the last sentence of Rule
3D .0535(f), locally effective July 14,
2022,2 and in Rule 3D .0535(c) and (g)
is incorporating only the statements that
each paragraph ‘‘is not included in
Forsyth County’s portion of the State
Implementation Plan.’’ 3 EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
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.4
III. Final Action
EPA is approving Forsyth County’s
November 28, 2022, SIP submission
requesting changes to Rule 3D .0535,
Excess Emissions Reporting and
Malfunctions, except for the change to
the cross-referenced rule in Rule 3D
.0535(f), into the Forsyth County portion
of the North Carolina SIP. Specifically,
EPA is approving the removal of the
substantive text of Rule 3D .0535(c) and
(g) from the Forsyth County portion of
the North Carolina SIP, the addition of
statements clarifying that Rule 3D
2 In lieu of the July 14, 2022, locally effective
version of the last sentence of Rule 3D .0535(f), EPA
is retaining the September 14, 1998, locally
effective version of the sentence, consistent with
EPA’s last approval on February 17, 2000. See 65
FR 8053. In this final action, the Agency is updating
the SIP table at 40 CFR 52.1770(c) to reflect the
retention of the September 14, 1998, version of the
aforementioned sentence.
3 Additionally, the existing substantive text of
Rule 3D .0535(c) and (g) is being removed from the
Forsyth County portion of the North Carolina SIP.
With this final action, the SIP-approved version of
Rule 3D .0535(c) reads, ‘‘(Paragraph (c) is not
included in Forsyth County’s portion of the State
Implementation Plan.),’’ and the SIP-approved
version of .0535(g) reads, ‘‘(Paragraph (g) is not
included in Forsyth County’s portion of the State
Implementation Plan.).’’ In this final action, the
Agency is updating the SIP table at 40 CFR
52.1770(c) accordingly.
4 See 62 FR 27968 (May 22, 1997).
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.0535(c) and (g) are not included in the
Forsyth County portion of the North
Carolina SIP,5 and is otherwise
approving the revised version of Rule
3D .0535 into the Forsyth County
portion of the North Carolina SIP,6
except for the last sentence of Rule 3D
.0535(f), which contains a revised crossreference that EPA is not acting on at
this time. See 89 FR 74171. EPA is
approving this SIP revision because the
Agency has determined that it is
consistent with the requirements for SIP
provisions under the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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 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);
5 Forsyth County is retaining the substantive text
of Rule 3D .0535(c) and (g) for local-law purposes
only. With this final action, emission limits
incorporated into the Forsyth County portion of the
North Carolina SIP apply at all times, and
exemptions for emissions exceeding otherwise
applicable SIP emission limitations during periods
of SSM, as provided in the substantive text of Rule
3D .0535(c) and (g), apply to Forsyth County in its
exercise of enforcement authority for local-law
purposes only. Therefore, with this final action,
citizens and EPA can seek injunctive relief or civil
penalties for excess emissions.
6 In this final action, EPA is also approving, as
part of the November 28, 2022, SIP revision, certain
changes to malfunction abatement plan,
notification, and source testing requirements, as
well as non-substantive administrative changes to
the remaining Rule 3D .0535 regulatory text, as
discussed in the September 12, 2024, NPRM.
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• 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 rulemaking 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 communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines 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 FCEAP 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 communities with EJ
concerns.
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 December 30, 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
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 28, 2024.
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. In § 52.1770, in paragraph (c)(2),
amend table EPA-Approved Forsyth
County Regulations by revising the
entry for ‘‘Rule .0535’’ to read as
follows:
■
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(2) EPA-APPROVED FORSYTH COUNTY REGULATIONS
Citation
Title/subject
*
*
County
effective
date
EPA approval
date
*
*
Section .0500
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Rule .0535
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Excess Emissions
Reporting and Malfunctions.
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7/14/2022 10/31/2024, [Insert
first page of Federal Register citation].
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Except for the last sentence of paragraph (f), which is retained
with a local effective date of September 14, 1998. Except for
language providing exemptions for emissions exceeding otherwise applicable SIP emission limitations during startup and shutdown at paragraph (c) and malfunctions at paragraph (g); paragraph (c) reads only, ‘‘(Paragraph (c) is not included in Forsyth
County’s portion of the State Implementation Plan.)’’ and paragraph (g) reads only, ‘‘(Paragraph (g) is not included in Forsyth
County’s portion of the State Implementation Plan.).’’
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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations
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Correction
*
[FR Doc. 2024–25392 Filed 10–30–24; 8:45 am]
In FR Doc. 2024–22013 appearing at
89 FR 82074 in the Federal Register of
Wednesday, October 9, 2024, the
following correction is made:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Appendix A to Part 139—FederallyProtected Waters [Corrected]
40 CFR Part 139
1. On page 82145, in the second
column, the subpart heading ‘‘Appendix
A to Part 139—Federally-Protected
Waters 1’’ is corrected to read
‘‘Appendix A to Part 139—FederallyProtected Waters’’.
■
[EPA–HQ–OW–2019–0482; FRL 7218–04–
OW]
RIN 2040–AF92
Vessel Incidental Discharge National
Standards of Performance; Correction
Bruno Pigott,
Principal Deputy Assistant Administrator.
Environmental Protection
Agency (EPA).
[FR Doc. 2024–25362 Filed 10–30–24; 8:45 am]
AGENCY:
ACTION:
BILLING CODE 6560–50–P
Final rule; correction.
The U.S. Environmental
Protection Agency (EPA) is correcting
an error found in the Vessel Incidental
Discharge National Standards of
Performance final rule. The final rule
appeared in the Federal Register on
October 9, 2024. This correction
removes a footnote superscript number
‘‘1’’ that was included in error, as there
is no accompanying footnote text.
SUMMARY:
This correction is effective on
November 8, 2024.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2019–0482. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., CBI 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 electronically through https://
www.regulations.gov.
ADDRESSES:
Jack
Faulk, Oceans, Wetlands, and
Communities Division, Office of Water
(4504T), Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; telephone
number: (202) 564–0768; email address:
faulk.jack@epa.gov.
FOR FURTHER INFORMATION CONTACT:
EPA is
correcting the final rule that published
in the Federal Register of Wednesday,
October 9, 2024, (89 FR 82074); FRL–
7218–01– OW to address an inadvertent
error made of including a footnote
superscript number ‘‘1’’ to the subpart
heading ‘‘Appendix A to Part 139—
Federally-Protected Waters’’.
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SUPPLEMENTARY INFORMATION:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 262
[EPA–HQ–OLEM–2021–0609; FRL–7308–
04–OLEM]
RIN 2050–AH12
Integrating e-Manifest With Hazardous
Waste Exports and Other ManifestRelated Reports, PCB Manifest
Amendments, and Technical
Corrections; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) or (the Agency) is making
four minor corrections to a final rule
that appeared in the Federal Register on
July 26, 2024. The final rule related to
regulatory changes to incorporate export
manifests and other manifest-related
reports (i.e., Discrepancy, Exception,
and Unmanifested Waste Reports) into
e-Manifest as well as other changes
related to manifests, including for
polychlorinated biphenyls under the
Toxic Substances Control Act.
DATES: This final rule is effective on
January 22, 2025.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OLEM–2021–0609. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., CBI 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
SUMMARY:
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available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Bryan Groce, Program Implementation
and Information Division, Office of
Resource Conservation and Recovery,
Environmental Protection Agency; (202)
566–0339; email address: groce.bryan@
epa.gov or David Graham, Program
Implementation and Information
Division, Office of Resource
Conservation and Recovery,
Environmental Protection Agency; (202)
566–2847; email address:
graham.david@epa.gov. In addition,
please refer to EPA’s e-Manifest web
page for further information:
www.epa.gov/e-manifest.
SUPPLEMENTARY INFORMATION: This
action corrects four minor errors to
certain regulatory amendments
established in the July 26, 2024, final
rule (89 FR 60692) for 40 CFR 262.21,
262.42, and 262.83.
With respect to the regulatory
amendments at § 262.21, the July 26
final rule established revised printing
specification requirements at
§ 262.21(f)(6) and (7) for the new fourcopy paper manifest (EPA Form 8700–
22) and continuation sheet (EPA Form
8700–22A) forms. Section 262.21(f)(6)
describes the revised copy distribution
requirements to be printed on each copy
of the new four-copy manifest (EPAForm 8700–22) and continuation sheet
(EPA Form 8700–22A). Section
262.21(f)(7) describes the revised
printing specifications for printing the
appropriate manifest instructions on the
back of the form copies. Although, EPA
finalized the manifest forms themselves
by revising the wording of the
distribution scheme in the bottom right
margins of the forms and by moving the
instructions on the reverse side of Page
2 (‘‘Designated Facility to Generator’’
copy) to the reverse side of Page 1 (top
copy) of the manifest forms, EPA
inadvertently did not make these
conforming changes in the regulatory
text at § 262.21(f)(6) and (7). This
includes adding two instances of ‘‘U.S.’’
to the Page 1 (top copy) text and making
changes for use of capitalization in
Pages 1–4. To correct these errors, this
action revises paragraph § 262.21(f)(6)
so that the words indicating copy
distribution exactly match the words
shown at the bottom right margin of
each copy of the new four-copy manifest
forms. Similarly, and in addition, this
action corrects § 262.21(f)(7) to match
the language on the new four-copy
manifest form—i.e., to require that
commercial printers authorized by EPA
to produce the manifest forms print the
instructions for designated facilities and
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]]>Agencies
[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Rules and Regulations]
[Pages 86755-86758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25392]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0466; FRL-12179-02-R4]
Air Plan Approval; Forsyth County, North Carolina; Removal of
Excess Emissions Provisions
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 North Carolina
Division of Air Quality (NCDAQ) on behalf of the Forsyth County Office
of Environmental Assistance and Protection (FCEAP or Forsyth County) on
November 28, 2022. The revision was submitted in response to a finding
of substantial inadequacy and SIP call published on June 12, 2015,
concerning excess emissions during startup, shutdown, and malfunction
(SSM) events. EPA is approving the SIP revision in accordance with
requirements for SIP provisions under the Clean Air Act (CAA or Act)
and finds that such SIP revision corrects the deficiencies identified
in the Forsyth County portion of the North Carolina SIP in the June 12,
2015, SIP Call. EPA is also approving minor and administrative changes
to certain regulatory provisions that have been revised by the local
agency since EPA's last approval of those provisions.
DATES: This rule is effective December 2, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0466. All documents in the docket
are listed on the regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Multi-Air Pollutant Coordination
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Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. EPA requests that you contact
the person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Faith Goddard, 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, Georgia 30303-8960. The telephone number is
(404) 562-8757. Ms. Goddard can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In a September 12, 2024, notice of proposed rulemaking (NPRM), EPA
proposed to approve the November 28, 2022, SIP revision submitted by
NCDAQ on behalf of Forsyth County in response to a June 12, 2015,
action titled ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown, and Malfunction'' (``2015 SSM SIP Action''). See 80 FR 33840
(June 12, 2015). EPA's rationale for the proposed approval and
determination is explained in the September 12, 2024, NPRM.\1\ See 89
FR 74171. The public comment period for EPA's proposed approval and
determination ended on October 3, 2024. EPA received one comment on the
September 12, 2024, NPRM, but the comment is not relevant to this
action. The comment is available in the docket for this action.
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\1\ As discussed in the September 12, 2024, NPRM, the November
28, 2022, submission contains a revised cross-reference to source
testing requirements not approved into the Forsyth County portion of
the North Carolina SIP. EPA is not acting on that change in this
rulemaking. On September 27, 2024, in a letter dated September 26,
2024, NCDAQ on behalf of FCEAP withdrew the portion of the November
28, 2022, SIP revision updating the aforementioned cross-reference
and requested that the existing SIP-approved source testing
requirements cross-reference be retained instead. See the September
26, 2024, partial withdrawal letter in the docket for this
rulemaking.
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II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of Forsyth County Air Quality Control
Ordinance and Technical Code Subchapter 3D, Section .0500, Rule 3D
.0535, Excess Emissions Reporting and Malfunctions, locally effective
July 14, 2022, with the following exceptions: EPA is not incorporating
the last sentence of Rule 3D .0535(f), locally effective July 14,
2022,\2\ and in Rule 3D .0535(c) and (g) is incorporating only the
statements that each paragraph ``is not included in Forsyth County's
portion of the State Implementation Plan.'' \3\ EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the 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.\4\
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\2\ In lieu of the July 14, 2022, locally effective version of
the last sentence of Rule 3D .0535(f), EPA is retaining the
September 14, 1998, locally effective version of the sentence,
consistent with EPA's last approval on February 17, 2000. See 65 FR
8053. In this final action, the Agency is updating the SIP table at
40 CFR 52.1770(c) to reflect the retention of the September 14,
1998, version of the aforementioned sentence.
\3\ Additionally, the existing substantive text of Rule 3D
.0535(c) and (g) is being removed from the Forsyth County portion of
the North Carolina SIP. With this final action, the SIP-approved
version of Rule 3D .0535(c) reads, ``(Paragraph (c) is not included
in Forsyth County's portion of the State Implementation Plan.),''
and the SIP-approved version of .0535(g) reads, ``(Paragraph (g) is
not included in Forsyth County's portion of the State Implementation
Plan.).'' In this final action, the Agency is updating the SIP table
at 40 CFR 52.1770(c) accordingly.
\4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving Forsyth County's November 28, 2022, SIP submission
requesting changes to Rule 3D .0535, Excess Emissions Reporting and
Malfunctions, except for the change to the cross-referenced rule in
Rule 3D .0535(f), into the Forsyth County portion of the North Carolina
SIP. Specifically, EPA is approving the removal of the substantive text
of Rule 3D .0535(c) and (g) from the Forsyth County portion of the
North Carolina SIP, the addition of statements clarifying that Rule 3D
.0535(c) and (g) are not included in the Forsyth County portion of the
North Carolina SIP,\5\ and is otherwise approving the revised version
of Rule 3D .0535 into the Forsyth County portion of the North Carolina
SIP,\6\ except for the last sentence of Rule 3D .0535(f), which
contains a revised cross-reference that EPA is not acting on at this
time. See 89 FR 74171. EPA is approving this SIP revision because the
Agency has determined that it is consistent with the requirements for
SIP provisions under the CAA.
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\5\ Forsyth County is retaining the substantive text of Rule 3D
.0535(c) and (g) for local-law purposes only. With this final
action, emission limits incorporated into the Forsyth County portion
of the North Carolina SIP apply at all times, and exemptions for
emissions exceeding otherwise applicable SIP emission limitations
during periods of SSM, as provided in the substantive text of Rule
3D .0535(c) and (g), apply to Forsyth County in its exercise of
enforcement authority for local-law purposes only. Therefore, with
this final action, citizens and EPA can seek injunctive relief or
civil penalties for excess emissions.
\6\ In this final action, EPA is also approving, as part of the
November 28, 2022, SIP revision, certain changes to malfunction
abatement plan, notification, and source testing requirements, as
well as non-substantive administrative changes to the remaining Rule
3D .0535 regulatory text, as discussed in the September 12, 2024,
NPRM.
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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 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
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);
[[Page 86757]]
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 rulemaking 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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines 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 FCEAP 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 communities with EJ concerns.
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 December 30, 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 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 28, 2024.
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, in paragraph (c)(2), amend table EPA-Approved
Forsyth County Regulations by revising the entry for ``Rule .0535'' to
read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(2) EPA-Approved Forsyth County Regulations
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County
Citation Title/subject effective EPA approval Explanation
date date
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Section .0500 Emission Control Standards
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* * * * * * *
Rule .0535.................... Excess Emissions 7/14/2022 10/31/2024, Except for the last sentence of
Reporting and [Insert first paragraph (f), which is
Malfunctions. page of Federal retained with a local
Register effective date of September
citation]. 14, 1998. Except for language
providing exemptions for
emissions exceeding otherwise
applicable SIP emission
limitations during startup and
shutdown at paragraph (c) and
malfunctions at paragraph (g);
paragraph (c) reads only,
``(Paragraph (c) is not
included in Forsyth County's
portion of the State
Implementation Plan.)'' and
paragraph (g) reads only,
``(Paragraph (g) is not
included in Forsyth County's
portion of the State
Implementation Plan.).''
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[FR Doc. 2024-25392 Filed 10-30-24; 8:45 am]
BILLING CODE 6560-50-P
