82_FR_31869 82 FR 31739 - Air Plan Approval; North Carolina Miscellaneous Rules

82 FR 31739 - Air Plan Approval; North Carolina Miscellaneous Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 130 (July 10, 2017)

Page Range31739-31741
FR Document2017-14397

The Environmental Protection Agency (EPA) is proposing to approve several changes to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality (NCDEQ), on December 14, 2004 and March 1, 2016. The March 1, 2016, submission adds a new rule to the ``Exclusionary Rules'' of the North Carolina SIP, and the portion of the December 14, 2004, submission EPA is proposing to approve adds two new rules under a new section called ``Permit Exemptions.'' This action is being taken pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 130 (Monday, July 10, 2017)
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Proposed Rules]
[Pages 31739-31741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14397]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0362; FRL-9964-66-Region 4]


Air Plan Approval; North Carolina Miscellaneous Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve several changes to the North Carolina State Implementation Plan 
(SIP) submitted by the State of North Carolina, through the North 
Carolina Department of Environmental Quality (NCDEQ), on December 14, 
2004 and March 1, 2016. The March 1, 2016, submission adds a new rule 
to the ``Exclusionary Rules'' of the North Carolina SIP, and the 
portion of the December 14, 2004, submission EPA is proposing to 
approve adds two new rules under a new section called ``Permit 
Exemptions.'' This action is being taken pursuant to the Clean Air Act 
(CAA or Act).

DATES: Comments must be received on or before August 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0362 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Analysis of the State Submittals

    On December 14, 2004 and March 1, 2016, the State of North 
Carolina, through NCDEQ, submitted revisions to the North Carolina SIP. 
EPA is proposing to approve the March 1, 2016, submission which adds a 
new rule--15A NCAC 02Q .0809 Concrete Batch Plants and a portion of the 
December 14, 2004, submission which adds two new rules--15A NCAC 02Q 
.0901, Purpose and Scope and .0902 Portable Crushers. EPA has 
preliminarily determined that these changes to the North Carolina SIP 
are approvable pursuant to section 110 of the CAA. The changes that are 
the subject of this proposed rulemaking are described in further detail 
below.

A. March 1, 2016, SIP Submission

    The March 1, 2016, submission adds a new exclusionary rule for 
concrete batch plants (15A NCAC 02Q .0809 Concrete Batch Plants) that 
excludes from Title V permitting requirements such facilities that 
operate below a specified annual production rate. The production rate 
that qualifies concrete batch plants for this permit exclusion is 
1,210,000 cubic yards of wet concrete per year, which, based on an 
emission factor, corresponds to an emission rate below the major source 
threshold. Subject facilities are required to submit an annual 
registration to the appropriate regional office and report the quantity 
of wet concrete produced in the previous calendar year and maintain 
records of annual production for the previous three calendar years. 
This annual certification that the facility's production rate is below 
the specified level ensures continued protection of the NAAQS, 
specifically particulate matter, which is of particular relevance 
because concrete batch plants emit particulate matter, including 
particulate matter with an aerodynamic diameter less than 10 
micrometers (PM10) and less than 2.5 micrometers 
(PM2.5). These excluded sources must also make prompt 
reports if they exceed the annual production rate limit, submitted 
within one week of the date on which the limit was exceeded.
    The rule excludes from Title V permitting requirements all concrete 
batch plants in the state that produce

[[Page 31740]]

less than 1.2 million cubic yards of wet concrete per calendar year and 
that are equipped with fabric filters or other functionally equivalent 
control devices to abate emissions of particulate matter, 
PM10 and PM2.5, from storage silos and weigh 
hoppers that receive materials from cement and mineral admixture silos. 
The annual production limit of 1.2 million cubic yards of wet concrete 
is designed to limit particulate matter emissions from plants equipped 
with fabric filters to less than the Title V permitting thresholds and 
is based on standard emission factors in use at the time of rule 
adoption.\1\
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    \1\ North Carolina cites EPA's AP-42 (U.S. EPA Office of Air 
Quality Planning and Standards, Compilation of Air Pollutant 
Emission Factors, Volume I: Stationary Point and Area Sources, AP-
42. Fifth Edition) in its response to comments from the December 14, 
2004, submittal included as an attachment to the March 1, 2016, 
submittal.
---------------------------------------------------------------------------

B. December 14, 2004, SIP Submission

    The portion of the December 14, 2004, SIP submission that EPA is 
proposing to approve adds a new section (Section .0900 Permit 
Exemptions), which includes the following two new regulations:
    a. 15A NCAC 02Q .0901 Purpose and Scope is a new exclusionary rule 
which provides for exclusions from construction and operating permits 
for certain types of sources and activities. Sources subject to Title V 
permitting requirements are not eligible for exclusion under this rule. 
Sources eligible for permit exclusions under this rule may still apply 
for and receive construction and operating permits. At the time of this 
submittal, only one source category would be eligible for exclusion 
from permitting under Section .0900, if approved as proposed: Portable 
Crushers. The rule excludes from general construction and operating 
permitting requirements all specific listed sources that, due to the 
temporary, portable, and/or low-emitting nature of their operations, 
typically do not meet the applicability requirements for air permits, 
so long as they meet the requirements for the exclusion. These source-
specific exclusions contain provisions that limit the sources' 
potential emissions, such as constraints on operating hours and fuel 
consumption. The exclusions' use of operational or production-based 
limits instead of potential-emissions limits would streamline sources' 
analyses of whether or not they are required to obtain a permit.
    b. 15A NCAC 02Q .0902 Portable Crushers, is an exclusionary rule 
which provides for exclusions from construction and operating permits 
for portable crusher operations that meet the following criteria:
    [cir] No more than 300,000 tons of material crushed per any 12-
month period;
    [cir] No more than 17,000 gallons of diesel fuel burned during any 
12 months (for both diesel generators and diesel engines used to drive 
crushers);
    [cir] No more than 12 months of operation at a particular site;
    [cir] Continuous use of water spray to control emissions from the 
crushers.
    Portable crushers operating at quarries with air permits are not 
eligible for this permit exclusion.
    The rule excludes from general construction and operating 
permitting requirements portable/temporary crushing operations, 
providing the eligibility criteria listed above are met. The 
eligibility criteria are designed to ensure that these portable 
crushing operations do not operate for more than 12 months at a site. 
Records of production and fuel consumption must be maintained, and all 
equipment at each site must be labeled with unique identification 
numbers. The eligibility criteria are also based on corresponding 
emission rates and are thus designed to ensure that potential emissions 
of particulate matter (including PM10 and PM2.5), 
sulfur dioxide, and oxides of nitrogen from these sources are below 
relevant permit applicability thresholds. Therefore, the revision will 
not interfere with attainment and maintenance of the NAAQS pursuant to 
CAA section 110(l).
    Crushing operations eligible for this permitting exclusion must 
still comply with all applicable air quality standards, such as Rule 
.0510 Particulates from Sand, Gravel, or Crushed Stone Operations, 
.0516 Sulfur Dioxide Emissions from Combustion Sources, and .0521 
Control of Visible Emissions, and any New Source Performance Standard, 
among other state and federal air quality standards.

II. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference 15A NCAC 02Q .0809 entitled ``Concrete Batch Plants'' 
effective April 1, 2004, a new exclusionary rule for concrete batch 
that excludes from Title V permitting requirements such facilities that 
operate below a specified annual production rate; 15A NCAC 02Q .0901 
entitled ``Purpose and Scope'' effective January 1, 2005, a new 
exclusionary rule which provides for exclusions from construction and 
operating permits for certain types of sources and activities; and 15A 
NCAC 02Q .0902 entitled ``Portable Crushers'' effective January 1, 
2005, an exclusionary rule which provides for exclusions from 
construction and operating permits for portable crusher operations. EPA 
has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and/or at the EPA Region 
4 office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information).

III. Proposed Action

    EPA is proposing to approve North Carolina's March 1, 2016, 
submission and a portion of the December 14, 2004, submission. The 
changes pertain to the addition of two new rules under a new section 
``Permit Exemptions'' and adds a new rule to the ``Exclusionary Rules'' 
of the North Carolina SIP. These rule adoptions do not contravene 
federal permitting requirements or existing EPA policy, nor will they 
impact the NAAQS or interfere with any other applicable requirement of 
the Act. See 42 U.S.C. 7410(l).

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. Accordingly, this 
proposed action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, these proposed action:
     Are 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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 31741]]

     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 26, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-14397 Filed 7-7-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules                                           31739

                                                 of the Paperwork Reduction Act (44                       ENVIRONMENTAL PROTECTION                              and Toxics Management Division, U.S.
                                                 U.S.C. 3501 et seq.);                                    AGENCY                                                Environmental Protection Agency,
                                                    • is certified as not having a                                                                              Region 4, 61 Forsyth Street SW.,
                                                                                                          40 CFR Part 52                                        Atlanta, Georgia 30303–8960. The
                                                 significant economic impact on a
                                                 substantial number of small entities                     [EPA–R04–OAR–2016–0362; FRL–9964–66–                  telephone number is (404) 562–9043.
                                                                                                          Region 4]                                             Mr. Lakeman can also be reached via
                                                 under the Regulatory Flexibility Act (5
                                                                                                                                                                electronic mail at lakeman.sean@
                                                 U.S.C. 601 et seq.);
                                                                                                          Air Plan Approval; North Carolina                     epa.gov.
                                                    • does not contain any unfunded                       Miscellaneous Rules                                   SUPPLEMENTARY INFORMATION:
                                                 mandate or significantly or uniquely
                                                 affect small governments, as described                   AGENCY:  Environmental Protection                     I. Analysis of the State Submittals
                                                 in the Unfunded Mandates Reform Act                      Agency (EPA).
                                                                                                                                                                  On December 14, 2004 and March 1,
                                                 of 1995 (Pub. L. 104–4);                                 ACTION: Proposed rule.
                                                                                                                                                                2016, the State of North Carolina,
                                                    • does not have Federalism                            SUMMARY:    The Environmental Protection              through NCDEQ, submitted revisions to
                                                 implications as specified in Executive                   Agency (EPA) is proposing to approve                  the North Carolina SIP. EPA is
                                                 Order 13132 (64 FR 43255, August 10,                     several changes to the North Carolina                 proposing to approve the March 1, 2016,
                                                 1999);                                                   State Implementation Plan (SIP)                       submission which adds a new rule—
                                                                                                                                                                15A NCAC 02Q .0809 Concrete Batch
                                                    • is not an economically significant                  submitted by the State of North
                                                                                                          Carolina, through the North Carolina                  Plants and a portion of the December 14,
                                                 regulatory action based on health or
                                                                                                          Department of Environmental Quality                   2004, submission which adds two new
                                                 safety risks subject to Executive Order
                                                                                                          (NCDEQ), on December 14, 2004 and                     rules—15A NCAC 02Q .0901, Purpose
                                                 13045 (62 FR 19885, April 23, 1997);                                                                           and Scope and .0902 Portable Crushers.
                                                                                                          March 1, 2016. The March 1, 2016,
                                                    • is not a significant regulatory action              submission adds a new rule to the                     EPA has preliminarily determined that
                                                 subject to Executive Order 13211 (66 FR                  ‘‘Exclusionary Rules’’ of the North                   these changes to the North Carolina SIP
                                                 28355, May 22, 2001);                                    Carolina SIP, and the portion of the                  are approvable pursuant to section 110
                                                    • is not subject to requirements of                   December 14, 2004, submission EPA is                  of the CAA. The changes that are the
                                                 Section 12(d) of the National                            proposing to approve adds two new                     subject of this proposed rulemaking are
                                                 Technology Transfer and Advancement                      rules under a new section called                      described in further detail below.
                                                 Act of 1995 (15 U.S.C. 272 note) because                 ‘‘Permit Exemptions.’’ This action is                 A. March 1, 2016, SIP Submission
                                                 application of those requirements would                  being taken pursuant to the Clean Air
                                                                                                          Act (CAA or Act).                                        The March 1, 2016, submission adds
                                                 be inconsistent with the CAA; and                                                                              a new exclusionary rule for concrete
                                                    • does not provide EPA with the                       DATES: Comments must be received on
                                                                                                                                                                batch plants (15A NCAC 02Q .0809
                                                 discretionary authority to address, as                   or before August 9, 2017.                             Concrete Batch Plants) that excludes
                                                 appropriate, disproportionate human                      ADDRESSES: Submit your comments,                      from Title V permitting requirements
                                                 health or environmental effects, using                   identified by Docket ID No. EPA–R04–                  such facilities that operate below a
                                                 practicable and legally permissible                      OAR–2016–0362 at https://                             specified annual production rate. The
                                                 methods, under Executive Order 12898                     www.regulations.gov. Follow the online                production rate that qualifies concrete
                                                 (59 FR 7629, February 16, 1994).                         instructions for submitting comments.                 batch plants for this permit exclusion is
                                                                                                          Once submitted, comments cannot be                    1,210,000 cubic yards of wet concrete
                                                    The SIP is not approved to apply on                   edited or removed from Regulations.gov.               per year, which, based on an emission
                                                 any Indian reservation land or in any                    EPA may publish any comment received                  factor, corresponds to an emission rate
                                                 other area where EPA or an Indian tribe                  to its public docket. Do not submit                   below the major source threshold.
                                                 has demonstrated that a tribe has                        electronically any information you                    Subject facilities are required to submit
                                                 jurisdiction. In those areas of Indian                   consider to be Confidential Business                  an annual registration to the appropriate
                                                 country, the rule does not have tribal                   Information (CBI) or other information                regional office and report the quantity of
                                                 implications as specified by Executive                   whose disclosure is restricted by statute.            wet concrete produced in the previous
                                                 Order 13175 (65 FR 67249, November 9,                    Multimedia submissions (audio, video,                 calendar year and maintain records of
                                                 2000), nor will it impose substantial                    etc.) must be accompanied by a written                annual production for the previous
                                                 direct costs on tribal governments or                    comment. The written comment is                       three calendar years. This annual
                                                 preempt tribal law.                                      considered the official comment and                   certification that the facility’s
                                                                                                          should include discussion of all points               production rate is below the specified
                                                 List of Subjects in 40 CFR Part 52                       you wish to make. EPA will generally                  level ensures continued protection of
                                                   Environmental protection, Air                          not consider comments or comment                      the NAAQS, specifically particulate
                                                 pollution control, Incorporation by                      contents located outside of the primary               matter, which is of particular relevance
                                                                                                          submission (i.e., on the web, cloud, or               because concrete batch plants emit
                                                 reference, Intergovernmental relations,
                                                                                                          other file sharing system). For                       particulate matter, including particulate
                                                 Nitrogen dioxide, Sulfur dioxide,
                                                                                                          additional submission methods, the full               matter with an aerodynamic diameter
                                                 Reporting, Volatile organic compounds,                   EPA public comment policy,
                                                 and Recordkeeping requirements.                                                                                less than 10 micrometers (PM10) and
                                                                                                          information about CBI or multimedia                   less than 2.5 micrometers (PM2.5). These
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                                                    Authority: 42 U.S.C. 7401 et seq.                     submissions, and general guidance on                  excluded sources must also make
                                                   Dated: June 26, 2017.                                  making effective comments, please visit               prompt reports if they exceed the
                                                                                                          https://www2.epa.gov/dockets/                         annual production rate limit, submitted
                                                 V. Anne Heard,
                                                                                                          commenting-epa-dockets.                               within one week of the date on which
                                                 Acting Regional Administrator, Region 4.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      the limit was exceeded.
                                                 [FR Doc. 2017–14399 Filed 7–7–17; 8:45 am]
                                                                                                          Sean Lakeman, Air Regulatory                             The rule excludes from Title V
                                                 BILLING CODE 6560–50–P                                   Management Section, Air Planning and                  permitting requirements all concrete
                                                                                                          Implementation Branch, Air, Pesticides                batch plants in the state that produce


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                                                 31740                     Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules

                                                 less than 1.2 million cubic yards of wet                 portable crusher operations that meet                 operating permits for certain types of
                                                 concrete per calendar year and that are                  the following criteria:                               sources and activities; and 15A NCAC
                                                 equipped with fabric filters or other                       Æ No more than 300,000 tons of                     02Q .0902 entitled ‘‘Portable Crushers’’
                                                 functionally equivalent control devices                  material crushed per any 12-month                     effective January 1, 2005, an
                                                 to abate emissions of particulate matter,                period;                                               exclusionary rule which provides for
                                                 PM10 and PM2.5, from storage silos and                      Æ No more than 17,000 gallons of                   exclusions from construction and
                                                 weigh hoppers that receive materials                     diesel fuel burned during any 12                      operating permits for portable crusher
                                                 from cement and mineral admixture                        months (for both diesel generators and                operations. EPA has made, and will
                                                 silos. The annual production limit of 1.2                diesel engines used to drive crushers);               continue to make, these materials
                                                 million cubic yards of wet concrete is                      Æ No more than 12 months of                        generally available through https://
                                                 designed to limit particulate matter                     operation at a particular site;                       www.regulations.gov and/or at the EPA
                                                 emissions from plants equipped with                         Æ Continuous use of water spray to                 Region 4 office (please contact the
                                                 fabric filters to less than the Title V                  control emissions from the crushers.                  person identified in the FOR FURTHER
                                                 permitting thresholds and is based on                       Portable crushers operating at quarries            INFORMATION CONTACT section of this
                                                 standard emission factors in use at the                  with air permits are not eligible for this            preamble for more information).
                                                 time of rule adoption.1                                  permit exclusion.
                                                                                                             The rule excludes from general                     III. Proposed Action
                                                 B. December 14, 2004, SIP Submission                     construction and operating permitting
                                                                                                                                                                  EPA is proposing to approve North
                                                    The portion of the December 14, 2004,                 requirements portable/temporary
                                                                                                                                                                Carolina’s March 1, 2016, submission
                                                 SIP submission that EPA is proposing to                  crushing operations, providing the
                                                                                                                                                                and a portion of the December 14, 2004,
                                                 approve adds a new section (Section                      eligibility criteria listed above are met.
                                                                                                                                                                submission. The changes pertain to the
                                                 .0900 Permit Exemptions), which                          The eligibility criteria are designed to
                                                                                                                                                                addition of two new rules under a new
                                                 includes the following two new                           ensure that these portable crushing
                                                                                                                                                                section ‘‘Permit Exemptions’’ and adds
                                                 regulations:                                             operations do not operate for more than
                                                                                                                                                                a new rule to the ‘‘Exclusionary Rules’’
                                                    a. 15A NCAC 02Q .0901 Purpose and                     12 months at a site. Records of
                                                                                                                                                                of the North Carolina SIP. These rule
                                                 Scope is a new exclusionary rule which                   production and fuel consumption must
                                                                                                                                                                adoptions do not contravene federal
                                                 provides for exclusions from                             be maintained, and all equipment at
                                                                                                                                                                permitting requirements or existing EPA
                                                 construction and operating permits for                   each site must be labeled with unique
                                                                                                                                                                policy, nor will they impact the NAAQS
                                                 certain types of sources and activities.                 identification numbers. The eligibility
                                                                                                                                                                or interfere with any other applicable
                                                 Sources subject to Title V permitting                    criteria are also based on corresponding
                                                                                                                                                                requirement of the Act. See 42 U.S.C.
                                                 requirements are not eligible for                        emission rates and are thus designed to
                                                                                                                                                                7410(l).
                                                 exclusion under this rule. Sources                       ensure that potential emissions of
                                                 eligible for permit exclusions under this                particulate matter (including PM10 and                IV. Statutory and Executive Order
                                                 rule may still apply for and receive                     PM2.5), sulfur dioxide, and oxides of                 Reviews
                                                 construction and operating permits. At                   nitrogen from these sources are below
                                                                                                                                                                   Under the CAA, the Administrator is
                                                 the time of this submittal, only one                     relevant permit applicability thresholds.
                                                                                                                                                                required to approve a SIP submission
                                                 source category would be eligible for                    Therefore, the revision will not interfere
                                                                                                                                                                that complies with the provisions of the
                                                 exclusion from permitting under                          with attainment and maintenance of the
                                                                                                                                                                Act and applicable federal regulations.
                                                 Section .0900, if approved as proposed:                  NAAQS pursuant to CAA section 110(l).
                                                                                                                                                                See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                 Portable Crushers. The rule excludes                       Crushing operations eligible for this
                                                                                                                                                                Thus, in reviewing SIP submissions,
                                                 from general construction and operating                  permitting exclusion must still comply
                                                                                                                                                                EPA’s role is to approve state choices,
                                                 permitting requirements all specific                     with all applicable air quality standards,
                                                                                                                                                                provided that they meet the criteria of
                                                 listed sources that, due to the                          such as Rule .0510 Particulates from
                                                                                                                                                                the CAA. Accordingly, this proposed
                                                 temporary, portable, and/or low-                         Sand, Gravel, or Crushed Stone
                                                                                                                                                                action merely approves state law as
                                                 emitting nature of their operations,                     Operations, .0516 Sulfur Dioxide
                                                                                                                                                                meeting federal requirements and does
                                                 typically do not meet the applicability                  Emissions from Combustion Sources,
                                                                                                                                                                not impose additional requirements
                                                 requirements for air permits, so long as                 and .0521 Control of Visible Emissions,
                                                                                                                                                                beyond those imposed by state law. For
                                                 they meet the requirements for the                       and any New Source Performance
                                                                                                                                                                that reason, these proposed action:
                                                 exclusion. These source-specific                         Standard, among other state and federal
                                                                                                          air quality standards.                                   • Are not a significant regulatory
                                                 exclusions contain provisions that limit
                                                                                                                                                                action subject to review by the Office of
                                                 the sources’ potential emissions, such as                II. Incorporation by Reference                        Management and Budget under
                                                 constraints on operating hours and fuel
                                                                                                             In this rule, EPA is proposing to                  Executive Orders 12866 (58 FR 51735,
                                                 consumption. The exclusions’ use of
                                                                                                          include in a final EPA rule regulatory                October 4, 1993) and 13563 (76 FR 3821,
                                                 operational or production-based limits
                                                                                                          text that includes incorporation by                   January 21, 2011);
                                                 instead of potential-emissions limits
                                                 would streamline sources’ analyses of                    reference. In accordance with                            • do not impose an information
                                                 whether or not they are required to                      requirements of 1 CFR 51.5, EPA is                    collection burden under the provisions
                                                 obtain a permit.                                         proposing to incorporate by reference                 of the Paperwork Reduction Act (44
                                                    b. 15A NCAC 02Q .0902 Portable                        15A NCAC 02Q .0809 entitled                           U.S.C. 3501 et seq.);
                                                 Crushers, is an exclusionary rule which                  ‘‘Concrete Batch Plants’’ effective April                • are certified as not having a
                                                 provides for exclusions from                             1, 2004, a new exclusionary rule for                  significant economic impact on a
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                                                 construction and operating permits for                   concrete batch that excludes from Title               substantial number of small entities
                                                                                                          V permitting requirements such                        under the Regulatory Flexibility Act (5
                                                    1 North Carolina cites EPA’s AP–42 (U.S. EPA          facilities that operate below a specified             U.S.C. 601 et seq.);
                                                 Office of Air Quality Planning and Standards,            annual production rate; 15A NCAC 02Q                     • do not contain any unfunded
                                                 Compilation of Air Pollutant Emission Factors,           .0901 entitled ‘‘Purpose and Scope’’                  mandate or significantly or uniquely
                                                 Volume I: Stationary Point and Area Sources, AP–
                                                 42. Fifth Edition) in its response to comments from
                                                                                                          effective January 1, 2005, a new                      affect small governments, as described
                                                 the December 14, 2004, submittal included as an          exclusionary rule which provides for                  in the Unfunded Mandates Reform Act
                                                 attachment to the March 1, 2016, submittal.              exclusions from construction and                      of 1995 (Pub. L. 104–4);


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                                                                           Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules                                           31741

                                                   • do not have Federalism                               Implementation Plan (SIP) submitted on                regulation of construction and
                                                 implications as specified in Executive                   October 4, 2016. EPA is proposing to                  modification of stationary sources,
                                                 Order 13132 (64 FR 43255, August 10,                     approve the state’s Prevention of                     including a permit program as required
                                                 1999);                                                   Significant Deterioration (PSD) rules                 by part C of subsection I of the CAA—
                                                   • are not an economically significant                  which incorporate the Federal PSD rules               Prevention of Significant Deterioration
                                                 regulatory action based on health or                     by reference.                                         of Air Quality. Specific plan
                                                 safety risks subject to Executive Order                  DATES: Comments must be received on                   requirements for an approvable PSD SIP
                                                 13045 (62 FR 19885, April 23, 1997);                     or before August 9, 2017.                             are provided in sections 160–169 of the
                                                   • are not a significant regulatory                     ADDRESSES: Submit your comments,                      CAA and the implementing regulations
                                                 action subject to Executive Order 13211                  identified by Docket ID No. EPA–R05–                  at 40 CFR 51.166. The Federal PSD
                                                 (66 FR 28355, May 22, 2001);                             OAR–2016–0603 at http://                              program is codified at 40 CFR 52.21.
                                                   • are not subject to requirements of                   www.regulations.gov, or via email to                  Minnesota does not have an approved
                                                 Section 12(d) of the National                            damico.genevieve@epa.gov. For                         PSD SIP at this time and has issued PSD
                                                 Technology Transfer and Advancement                      comments submitted at Regulations.gov,                permits pursuant to a delegation of the
                                                 Act of 1995 (15 U.S.C. 272 note) because                 follow the online instructions for                    Federal PSD rules at 40 CFR 52.21.
                                                 application of those requirements would                  submitting comments. Once submitted,
                                                 be inconsistent with the CAA; and                                                                                 On October 4, 2016, MPCA submitted
                                                                                                          comments cannot be edited or removed                  a request to revise the Minnesota SIP to
                                                   • do not provide EPA with the                          from Regulations.gov. For either manner
                                                 discretionary authority to address, as                                                                         include Minn. R. 7007.3000, which
                                                                                                          of submission, EPA may publish any                    incorporates 40 CFR 52.21 by reference.
                                                 appropriate, disproportionate human                      comment received to its public docket.
                                                 health or environmental effects, using                                                                         MPCA provided further clarification
                                                                                                          Do not submit electronically any                      with respect to program implementation
                                                 practicable and legally permissible                      information you consider to be
                                                 methods, under Executive Order 12898                                                                           in a letter dated June 1, 2017. MPCA
                                                                                                          Confidential Business Information (CBI)
                                                 (59 FR 7629, February 16, 1994).                                                                               will not implement 40 CFR 52.21(g), (s),
                                                                                                          or other information whose disclosure is
                                                   The SIP is not approved to apply on                                                                          (t) and (u). The provisions at 40 CFR
                                                                                                          restricted by statute. Multimedia
                                                 any Indian reservation land or in any                                                                          52.21(g), (s), (t) and (u) have no
                                                                                                          submissions (audio, video, etc.) must be
                                                 other area where EPA or an Indian tribe                                                                        corresponding requirements in 40 CFR
                                                                                                          accompanied by a written comment.
                                                 has demonstrated that a tribe has                                                                              51.166. 40 CFR 52.21(g) contains
                                                                                                          The written comment is considered the
                                                 jurisdiction. In those areas of Indian                                                                         procedures by which states may request
                                                                                                          official comment and should include
                                                 country, the rule does not have tribal                                                                         EPA redesignate areas to different air
                                                                                                          discussion of all points you wish to
                                                 implications as specified by Executive                                                                         quality classifications. The authority to
                                                                                                          make. EPA will generally not consider
                                                 Order 13175 (65 FR 67249, November 9,                    comments or comment contents located                  redesignate air quality classifications is
                                                 2000), nor will it impose substantial                    outside of the primary submission (i.e.,              an authority of the EPA Administrator.
                                                 direct costs on tribal governments or                    on the web, cloud, or other file sharing              The June 1, 2017, letter clarifies that
                                                 preempt tribal law.                                      system). For additional submission                    MPCA does not intend to implement
                                                                                                          methods, please contact the person                    this paragraph and that the authority to
                                                 List of Subjects in 40 CFR Part 52                                                                             implement the paragraph remains with
                                                                                                          identified in the FOR FURTHER
                                                   Environmental protection, Air                          INFORMATION CONTACT section. For the
                                                                                                                                                                the EPA Administrator. 40 CFR 52.21(s)
                                                 pollution control, Incorporation by                      full EPA public comment policy,                       requires a Federal action associated
                                                 reference, Ozone, Particulate matter,                    information about CBI or multimedia                   with a PSD project to be coordinated
                                                 Reporting and recordkeeping                              submissions, and general guidance on                  with an associated Federal
                                                 requirements, Sulfur oxides, Volatile                    making effective comments, please visit               environmental impact statement. Once a
                                                 organic compounds.                                       http://www2.epa.gov/dockets/                          PSD program has been approved into
                                                    Authority: 42 U.S.C. 7401 et seq.                     commenting-epa-dockets.                               the SIP, PSD permits will be issued
                                                                                                                                                                under state authority and will no longer
                                                   Dated: June 26, 2017.                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                be considered Federal actions. 40 CFR
                                                 V. Anne Heard,                                           Rachel Rineheart, Environmental
                                                                                                          Engineer, Air Permits Section, Air                    52.21(t) describes the process to resolve
                                                 Acting Regional Administrator, Region 4.                                                                       disputes over a redesignation or a
                                                 [FR Doc. 2017–14397 Filed 7–7–17; 8:45 am]
                                                                                                          Programs Branch (AR–18J),
                                                                                                          Environmental Protection Agency,                      permit. This is an authority of the EPA
                                                 BILLING CODE 6560–50–P
                                                                                                          Region 5, 77 West Jackson Boulevard,                  Administrator. The June 1, 2017, letter
                                                                                                          Chicago, Illinois 60604, (312) 886–7017,              clarifies that MPCA does not intend to
                                                                                                          rineheart.rachel@epa.gov.                             implement this paragraph and that the
                                                 ENVIRONMENTAL PROTECTION                                                                                       authority to implement the paragraph
                                                 AGENCY                                                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                                remains with the EPA Administrator. 40
                                                                                                          Throughout this document whenever
                                                                                                                                                                CFR 52.21(u) authorizes the
                                                 40 CFR Part 52                                           ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                                                                                Administrator to delegate the PSD
                                                 [EPA–R05–OAR–2016–0603; FRL–9964–62–
                                                                                                          EPA. This supplementary information
                                                                                                                                                                program. The June 1, 2017, letter
                                                 Region 5]                                                section is arranged as follows:
                                                                                                                                                                clarifies that MPCA does not intend to
                                                                                                          I. Review of State Submittal                          implement this paragraph and that the
                                                 Air Plan Approval; Minnesota;                            II. Effects of Moving From Delegation to SIP          authority to implement the paragraph
                                                 Prevention of Significant Deterioration                        Approved Program
nlaroche on DSK30NT082PROD with PROPOSALS




                                                                                                          III. What action is EPA taking?
                                                                                                                                                                remains with the EPA Administrator.
                                                 AGENCY:  Environmental Protection                        IV. Incorporation by Reference                        Finally, as described in the June 1, 2017,
                                                 Agency (EPA).                                            V. Statutory and Executive Order Reviews              clarification letter, the requirements in
                                                 ACTION: Proposed rule.                                                                                         Minn. R. 7007.0700(B) for the
                                                                                                          I. Review of State Submittal                          completeness review and Minn. R.
                                                 SUMMARY:   The Environmental Protection                     Section 110(a)(2)(C) of the Clean Air              7007.0850, subp. 2 for public notice
                                                 Agency (EPA) is proposing to approve a                   Act (CAA) requires that each SIP                      requirements, which have already been
                                                 revision to the Minnesota State                          include a program to provide for the                  approved into the SIP, will supersede


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Document Created: 2017-07-08 00:55:40
Document Modified: 2017-07-08 00:55:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before August 9, 2017.
ContactSean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can also be reached via electronic mail at [email protected]
FR Citation82 FR 31739 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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