83_FR_56993 83 FR 56773 - Air Plan Approval; NC; Miscellaneous Revisions

83 FR 56773 - Air Plan Approval; NC; Miscellaneous Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56773-56775
FR Document2018-24819

The Environmental Protection Agency (EPA) is proposing to approve portions of State Implementation Plan (SIP) revisions provided by the State of North Carolina through the North Carolina Division of Air Quality (NCDAQ) in letters dated June 5, 2017, and August 22, 2017. The submissions revise several regulations concerning nitrogen oxides, emission control standards, monitoring, and reporting requirements. EPA is proposing to approve these provisions of the SIP revisions because these changes are consistent with the Clean Air Act (CAA or Act) and federal regulations.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56773-56775]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24819]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0419; FRL-9986-48-Region 4]


Air Plan Approval; NC; Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of State Implementation Plan (SIP) revisions provided 
by the State of North Carolina through the North Carolina Division of 
Air Quality (NCDAQ) in letters dated June 5, 2017, and August 22, 2017. 
The submissions revise several regulations concerning nitrogen oxides, 
emission control standards, monitoring, and reporting requirements. EPA 
is proposing to approve these provisions of the SIP revisions because 
these changes are consistent with the Clean Air Act (CAA or Act) and 
federal regulations.

DATES: Comments must be received on or before December 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0419 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Richard Wong, 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) 562-8726. Mr. Wong can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    NCDAQ submitted SIP revisions through letters dated June 5, 2017 
and August 22, 2017 to EPA for review and approval into the North 
Carolina SIP.\1\ North Carolina's SIP revisions include multiple 
changes to its air quality rules, under subchapter 15A NCAC 2D, 
specifically at Section .1404, ``Recordkeeping: Reporting: 
Monitoring,'' Section .0542, ``Control of Particulate Emissions from 
Cotton Ginning Operations,'' Section .0606, ``Sources Covered by 
Appendix P of 40 CFR part 51,'' and Section .0608, ``Other Large Coal 
or Residue Oil Burners.'' EPA is not taking action on Section .0535, 
``Excess Emissions Reporting and Malfunctions'' which is included in 
the changes in the August 22, 2017 SIP revision. EPA will address 
revisions to Section .0535 in a separate action.
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    \1\ The SIP revisions were received by EPA on June 5, 2017 and 
September 6, 2017, respectively.
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II. Analysis of the State's Submittals

A. June 5, 2017 SIP Submittal

    The June 5, 2017 submission revises North Carolina's nitrogen 
oxides (NOX) Rule Section .1404, ``Recordkeeping: Reporting: 
Monitoring'' through several iterations.\2\ The State previously 
submitted the changes as four separate submissions.\3\ North Carolina 
took these rule changes to hearings on May 21, 2001, June 5, 2001, June 
22, 2005, and November 11, 2007. NCDAQ subsequently withdrew and 
resubmitted these changes in a comprehensive submission. The revision 
that became state-effective on July 15, 2002, made minor and clarifying 
changes to subsections (a) ``General requirements,'' (b) ``Submittal of 
information to show compliance status,'' (c) ``Excess emissions 
reporting,'' (d) ``Continuous emissions monitors,'' (f) ``Missing 
data,'' (g) ``Interim report for large sources,'' (h) ``Recordkeeping 
and reporting requirements for large sources,'' and (i) ``Averaging 
time for continuous emissions monitors.'' Clarifying edits consisted of 
clarifying that records

[[Page 56774]]

needed to be maintained for five years and changing ``a'' to ``the'' 
and ``Rule'' to ``Rules.'' Changes were also made to remove an 
exception for seasonal excess emission reporting because the referenced 
rules were previously repealed by the State and approved by EPA. The 
submission makes a change that prescribes a requirement for continuous 
emission monitoring for sources covered under Section .1418, ``New 
Electric Generating Units, Large Boilers, and Large I/C Engines.'' 
Lastly, the SIP revision makes minor typographical changes throughout. 
EPA is proposing to approve these revisions because the minor 
typographical and clarifying changes do not relax or alter the meaning 
of the rule and the other revision pertaining to a requirement for 
continuous emissions monitoring for sources covered under Section .1418 
is SIP-strengthening and is consistent with the requirements of the CAA 
and federal regulations.\4\
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    \2\ NOX Rule section .1404 was originally submitted 
to EPA as part of the State's NOX Budget and Allowance 
Trading Program in response to EPA's regulation entitled ``Finding 
of Significant Contribution and Rulemaking for Certain States in the 
Ozone Transport Assessment Group Region for Purposes of Reducing 
Regional Transport of Ozone,'' otherwise known as the NOX 
SIP Call.
    \3\ The June 5, 2017, cover letter requested withdrawal for 
submissions or portions of submissions dated August 14, 2002, 
October 14, 2004, March 24, 2006, and November 19, 2008, with state 
effective dates July 15, 2002, May 1, 2004, November 1, 2005, and 
January 1, 2009, respectively. Through a separate rulemaking on May 
9, 2013, EPA took final action on portions of the October 14, 2004 
submission approving some revisions, including those for section 
.1404, and conditionally approving other revisions. See 78 FR 27065. 
Additionally, the State previously submitted a revision to Section 
.1404 on December 14, 2004, and EPA finalized the rulemaking 
approving that revision on August 22, 2008 (73 FR 49613). Finally, 
the State previously submitted a revision to Section .1404 on 
December 27, 2002, and EPA finalized the rulemaking approving that 
revision on December 27, 2002. See 67 FR 78987.
    \4\ 40 CFR 51.121-5.122 (NOX SIP Call regulations) 
and 40 CFR part 75 (Continuous Emissions Monitoring).
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    The revision that became state-effective on November 1, 2005, 
removed the interim reporting requirements for large sources and 
retained the annual requirement where sources must report 
NOX emissions no later than October 30. The revision that 
became state-effective on January 1, 2009, also made minor changes that 
consisted of changing ``a'' to ``the,'' renumbering the subparagraphs 
and removing references to repealed rules, including sections .1416, 
``Emission Allocations for Utility Companies,'' .1417, ``Emission 
Allocations for Large Combustion Sources,'' and .1419, ``Nitrogen Oxide 
Budget Trading Program.'' \5\ EPA is proposing to approve these changes 
because the minor changes do not relax or alter the meaning of the rule 
and the other revision pertaining to the date for the end of season 
reporting requirement is consistent with the requirements of the CAA 
and federal regulations.
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    \5\ EPA approved the repeal of these provisions on May 9, 2013. 
See 78 FR 27065.
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B. August 22, 2017, SIP Submittal

    The August 22, 2017 submission revises Sections .0542, ``Control of 
Particulate Emissions from Cotton Ginning Operations,'' .0606, 
``Sources Covered by Appendix P of 40 CFR part 51,'' and .0608, ``Other 
Large Coal or Residual Oil Burners.'' The SIP revision makes minor and 
clarifying edits throughout the three rules. The changes in Section 
.0542 remove obsolete past due dates for Emission Control Requirements 
and provide clarification edits under paragraph (c)--Applicability, 
paragraph (d)--Emission Control Requirements and paragraph (e)--
Raincaps. Clarifying edits consisted of renumbering and removing 
references to obsolete control dates and were also made under paragraph 
(g)--Fugitive Emissions and paragraph (l)--Reporting. The changes in 
Sections .0606 and .0608 are minor and revise references to another 
rule in the same subchapter for fuel analysis for sulfur dioxide 
emitting sources without continuous emissions monitoring. EPA is 
proposing to approve these changes because the minor and clarifying 
changes do not relax or alter the meaning of the rule.

III. Incorporation by Reference

    In this rulemaking, 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 under subchapter 2D, Section .1404, ``Recordkeeping: 
Reporting: Monitoring,'' effective January 1, 2009,\6\ which clarifies 
the rule by updating quality assurance, recordkeeping and reporting 
requirements and provisions for heat input calculations and removes 
references to repealed rules. EPA is proposing to incorporate by 
reference under subchapter 2D Section .0542, ``Control of Particulate 
Emissions from Cotton Ginning Operations,'' Section .0606, ``Sources 
Covered by Appendix P of 40 CFR part 51,'' and Section .0608, ``Other 
Large Coal or Residue Oil Burners,'' effective June 1, 2008, which 
makes minor and clarifying changes, updates rule references, and 
removes obsolete controls and dates. 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).
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    \6\ January 1, 2009 is the most recent state effective date of 
subchapter 2D, Section .1404, ``Recordkeeping: Reporting: 
Monitoring,'' and it reflects the exact version of the text of .1404 
that EPA is proposing to approve into the SIP.
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IV. Proposed Action

    EPA is proposing to approve the aforementioned changes to the North 
Carolina SIP, submitted on June 5, 2017, and August 22, 2017 because 
they are consistent with the CAA and federal regulations.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the 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. These actions merely 
propose to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, these proposed actions:
     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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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);
     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

[[Page 56775]]

direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: November 6, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-24819 Filed 11-13-18; 8:45 am]
BILLING CODE 6560-50-P



                       Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules                                                   56773

     in the Unfunded Mandates Reform Act                     portions of State Implementation Plan                 multiple changes to its air quality rules,
     of 1995 (Pub. L. 104–4);                                (SIP) revisions provided by the State of              under subchapter 15A NCAC 2D,
        • Does not have Federalism                           North Carolina through the North                      specifically at Section .1404,
     implications as specified in Executive                  Carolina Division of Air Quality                      ‘‘Recordkeeping: Reporting:
     Order 13132 (64 FR 43255, August 10,                    (NCDAQ) in letters dated June 5, 2017,                Monitoring,’’ Section .0542, ‘‘Control of
     1999);                                                  and August 22, 2017. The submissions                  Particulate Emissions from Cotton
        • Is not an economically significant                 revise several regulations concerning                 Ginning Operations,’’ Section .0606,
     regulatory action based on health or                    nitrogen oxides, emission control                     ‘‘Sources Covered by Appendix P of 40
     safety risks subject to Executive Order                 standards, monitoring, and reporting                  CFR part 51,’’ and Section .0608, ‘‘Other
     13045 (62 FR 19885, April 23, 1997);                    requirements. EPA is proposing to                     Large Coal or Residue Oil Burners.’’
        • Is not a significant regulatory action             approve these provisions of the SIP                   EPA is not taking action on Section
     subject to Executive Order 13211 (66 FR                 revisions because these changes are                   .0535, ‘‘Excess Emissions Reporting and
     28355, May 22, 2001);                                   consistent with the Clean Air Act (CAA                Malfunctions’’ which is included in the
        • Is not subject to requirements of                  or Act) and federal regulations.                      changes in the August 22, 2017 SIP
     section 12(d) of the National                                                                                 revision. EPA will address revisions to
                                                             DATES: Comments must be received on
     Technology Transfer and Advancement                                                                           Section .0535 in a separate action.
                                                             or before December 5, 2018.
     Act of 1995 (15 U.S.C. 272 note) because
                                                             ADDRESSES: Submit your comments,                      II. Analysis of the State’s Submittals
     application of those requirements would
     be inconsistent with the Act; and                       identified by Docket ID No. EPA–R04–
                                                             OAR–2018–0419 at http://                              A. June 5, 2017 SIP Submittal
        • Does not provide EPA with the
     discretionary authority to address, as                  www.regulations.gov. Follow the online                   The June 5, 2017 submission revises
     appropriate, disproportionate human                     instructions for submitting comments.                 North Carolina’s nitrogen oxides (NOX)
     health or environmental effects, using                  Once submitted, comments cannot be                    Rule Section .1404, ‘‘Recordkeeping:
     practicable and legally permissible                     edited or removed from Regulations.gov.               Reporting: Monitoring’’ through several
     methods, under Executive Order 12898                    EPA may publish any comment received                  iterations.2 The State previously
     (59 FR 7629, February 16, 1994).                        to its public docket. Do not submit                   submitted the changes as four separate
        In addition, the SIP is not approved                 electronically any information you                    submissions.3 North Carolina took these
     to apply on any Indian reservation land                 consider to be Confidential Business                  rule changes to hearings on May 21,
     or in any other area where EPA or an                    Information (CBI) or other information                2001, June 5, 2001, June 22, 2005, and
     Indian tribe has demonstrated that a                    whose disclosure is restricted by statute.            November 11, 2007. NCDAQ
     tribe has jurisdiction. In those areas of               Multimedia submissions (audio, video,                 subsequently withdrew and resubmitted
     Indian country, the proposed rule does                  etc.) must be accompanied by a written                these changes in a comprehensive
     not have tribal implications and will not               comment. The written comment is                       submission. The revision that became
     impose substantial direct costs on tribal               considered the official comment and                   state-effective on July 15, 2002, made
     governments or preempt tribal law as                    should include discussion of all points               minor and clarifying changes to
     specified by Executive Order 13175 (65                  you wish to make. EPA will generally                  subsections (a) ‘‘General requirements,’’
     FR 67249, November 9, 2000).                            not consider comments or comment                      (b) ‘‘Submittal of information to show
                                                             contents located outside of the primary               compliance status,’’ (c) ‘‘Excess
     List of Subjects in 40 CFR Part 52                      submission (i.e. on the web, cloud, or                emissions reporting,’’ (d) ‘‘Continuous
       Environmental protection, Air                         other file sharing system). For                       emissions monitors,’’ (f) ‘‘Missing data,’’
     pollution control, Hydrocarbons,                        additional submission methods, the full               (g) ‘‘Interim report for large sources,’’ (h)
     Incorporation by reference,                             EPA public comment policy,                            ‘‘Recordkeeping and reporting
     Intergovernmental relations, Reporting                  information about CBI or multimedia                   requirements for large sources,’’ and (i)
     and recordkeeping requirements,                         submissions, and general guidance on                  ‘‘Averaging time for continuous
     Volatile organic compounds.                             making effective comments, please visit               emissions monitors.’’ Clarifying edits
        Authority: 42 U.S.C. 7401 et seq.                    http://www2.epa.gov/dockets/                          consisted of clarifying that records
                                                             commenting-epa-dockets.
       Dated: November 5, 2018.                                                                                       2 NO Rule section .1404 was originally
                                                             FOR FURTHER INFORMATION CONTACT:                              X
     Anne Idsal,                                                                                                   submitted to EPA as part of the State’s NOX Budget
                                                             Richard Wong, Air Regulatory                          and Allowance Trading Program in response to
     Regional Administrator, Region 6.
                                                             Management Section, Air Planning and                  EPA’s regulation entitled ‘‘Finding of Significant
     [FR Doc. 2018–24658 Filed 11–13–18; 8:45 am]            Implementation Branch, Air, Pesticides                Contribution and Rulemaking for Certain States in
     BILLING CODE 6560–50–P                                  and Toxics Management Division, U.S.                  the Ozone Transport Assessment Group Region for
                                                                                                                   Purposes of Reducing Regional Transport of
                                                             Environmental Protection Agency,                      Ozone,’’ otherwise known as the NOX SIP Call.
                                                             Region 4, 61 Forsyth Street SW, Atlanta,                 3 The June 5, 2017, cover letter requested
     ENVIRONMENTAL PROTECTION                                Georgia 30303–8960. The telephone                     withdrawal for submissions or portions of
     AGENCY                                                  number is (404) 562–8726. Mr. Wong                    submissions dated August 14, 2002, October 14,
                                                             can also be reached via electronic mail               2004, March 24, 2006, and November 19, 2008, with
     40 CFR Part 52                                                                                                state effective dates July 15, 2002, May 1, 2004,
                                                             at wong.richard@epa.gov.                              November 1, 2005, and January 1, 2009,
     [EPA–R04–OAR–2018–0419; FRL–9986–48–                    SUPPLEMENTARY INFORMATION:                            respectively. Through a separate rulemaking on
     Region 4]                                                                                                     May 9, 2013, EPA took final action on portions of
                                                             I. Background                                         the October 14, 2004 submission approving some
     Air Plan Approval; NC; Miscellaneous                                                                          revisions, including those for section .1404, and
                                                                NCDAQ submitted SIP revisions                      conditionally approving other revisions. See 78 FR
     Revisions
                                                             through letters dated June 5, 2017 and                27065. Additionally, the State previously submitted
     AGENCY:  Environmental Protection                       August 22, 2017 to EPA for review and                 a revision to Section .1404 on December 14, 2004,
     Agency (EPA).                                           approval into the North Carolina SIP.1                and EPA finalized the rulemaking approving that
                                                                                                                   revision on August 22, 2008 (73 FR 49613). Finally,
     ACTION: Proposed rule.                                  North Carolina’s SIP revisions include                the State previously submitted a revision to Section
                                                                                                                   .1404 on December 27, 2002, and EPA finalized the
     SUMMARY: The Environmental Protection                      1 The SIP revisions were received by EPA on June   rulemaking approving that revision on December
     Agency (EPA) is proposing to approve                    5, 2017 and September 6, 2017, respectively.          27, 2002. See 67 FR 78987.



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     56774             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules

     needed to be maintained for five years                  Applicability, paragraph (d)—Emission                     Act and applicable Federal regulations.
     and changing ‘‘a’’ to ‘‘the’’ and ‘‘Rule’’              Control Requirements and paragraph                        See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
     to ‘‘Rules.’’ Changes were also made to                 (e)—Raincaps. Clarifying edits consisted                  Thus, in reviewing SIP submissions,
     remove an exception for seasonal excess                 of renumbering and removing references                    EPA’s role is to approve state choices,
     emission reporting because the                          to obsolete control dates and were also                   provided that they meet the criteria of
     referenced rules were previously                        made under paragraph (g)—Fugitive                         the CAA. These actions merely propose
     repealed by the State and approved by                   Emissions and paragraph (l)—Reporting.                    to approve state law as meeting Federal
     EPA. The submission makes a change                      The changes in Sections .0606 and .0608                   requirements and does not impose
     that prescribes a requirement for                       are minor and revise references to                        additional requirements beyond those
     continuous emission monitoring for                      another rule in the same subchapter for                   imposed by state law. For that reason,
     sources covered under Section .1418,                    fuel analysis for sulfur dioxide emitting                 these proposed actions:
     ‘‘New Electric Generating Units, Large                  sources without continuous emissions                         • Are not a significant regulatory
     Boilers, and Large I/C Engines.’’ Lastly,               monitoring. EPA is proposing to                           action subject to review by the Office of
     the SIP revision makes minor                            approve these changes because the                         Management and Budget under
     typographical changes throughout. EPA                   minor and clarifying changes do not                       Executive Orders 12866 (58 FR 51735,
     is proposing to approve these revisions                 relax or alter the meaning of the rule.                   October 4, 1993) and 13563 (76 FR 3821,
     because the minor typographical and                                                                               January 21, 2011);
                                                             III. Incorporation by Reference
     clarifying changes do not relax or alter                                                                             • Are not an Executive Order 13771
     the meaning of the rule and the other                      In this rulemaking, EPA is proposing                   (82 FR 9339, February 2, 2017)
     revision pertaining to a requirement for                to include in a final EPA rule regulatory                 regulatory action because SIP approvals
     continuous emissions monitoring for                     text that includes incorporation by                       are exempted under Executive Order
     sources covered under Section .1418 is                  reference. In accordance with                             12866;
     SIP-strengthening and is consistent with                requirements of 1 CFR 51.5, EPA is                           • Do not impose an information
     the requirements of the CAA and federal                 proposing to incorporate by reference                     collection burden under the provisions
     regulations.4                                           under subchapter 2D, Section .1404,                       of the Paperwork Reduction Act (44
        The revision that became state-                      ‘‘Recordkeeping: Reporting:                               U.S.C. 3501 et seq.);
     effective on November 1, 2005, removed                  Monitoring,’’ effective January 1, 2009,6                    • Are certified as not having a
     the interim reporting requirements for                  which clarifies the rule by updating                      significant economic impact on a
     large sources and retained the annual                   quality assurance, recordkeeping and                      substantial number of small entities
     requirement where sources must report                   reporting requirements and provisions                     under the Regulatory Flexibility Act (5
     NOX emissions no later than October 30.                 for heat input calculations and removes                   U.S.C. 601 et seq.);
     The revision that became state-effective                references to repealed rules. EPA is                         • Do not contain any unfunded
     on January 1, 2009, also made minor                     proposing to incorporate by reference                     mandate or significantly or uniquely
     changes that consisted of changing ‘‘a’’                under subchapter 2D Section .0542,                        affect small governments, as described
     to ‘‘the,’’ renumbering the                             ‘‘Control of Particulate Emissions from                   in the Unfunded Mandates Reform Act
     subparagraphs and removing references                   Cotton Ginning Operations,’’ Section                      of 1995 (Pub. L. 104–4);
     to repealed rules, including sections                   .0606, ‘‘Sources Covered by Appendix P                       • Do not have Federalism
     .1416, ‘‘Emission Allocations for Utility               of 40 CFR part 51,’’ and Section .0608,                   implications as specified in Executive
     Companies,’’ .1417, ‘‘Emission                          ‘‘Other Large Coal or Residue Oil                         Order 13132 (64 FR 43255, August 10,
     Allocations for Large Combustion                        Burners,’’ effective June 1, 2008, which                  1999);
     Sources,’’ and .1419, ‘‘Nitrogen Oxide                  makes minor and clarifying changes,                          • Are not an economically significant
     Budget Trading Program.’’ 5 EPA is                      updates rule references, and removes                      regulatory action based on health or
     proposing to approve these changes                      obsolete controls and dates. EPA has                      safety risks subject to Executive Order
     because the minor changes do not relax                  made, and will continue to make, these                    13045 (62 FR 19885, April 23, 1997);
     or alter the meaning of the rule and the                materials generally available through                        • Are not a significant regulatory
     other revision pertaining to the date for               www.regulations.gov and at the EPA                        action subject to Executive Order 13211
     the end of season reporting requirement                 Region 4 office (please contact the                       (66 FR 28355, May 22, 2001);
     is consistent with the requirements of                  person identified in the FOR FURTHER                         • Are not subject to requirements of
     the CAA and federal regulations.                        INFORMATION CONTACT section of this                       Section 12(d) of the National
                                                             preamble for more information).                           Technology Transfer and Advancement
     B. August 22, 2017, SIP Submittal                                                                                 Act of 1995 (15 U.S.C. 272 note) because
       The August 22, 2017 submission                        IV. Proposed Action                                       application of those requirements would
     revises Sections .0542, ‘‘Control of                      EPA is proposing to approve the                         be inconsistent with the CAA; and
     Particulate Emissions from Cotton                       aforementioned changes to the North                          • Do not provide EPA with the
     Ginning Operations,’’ .0606, ‘‘Sources                  Carolina SIP, submitted on June 5, 2017,                  discretionary authority to address, as
     Covered by Appendix P of 40 CFR part                    and August 22, 2017 because they are                      appropriate, disproportionate human
     51,’’ and .0608, ‘‘Other Large Coal or                  consistent with the CAA and federal                       health or environmental effects, using
     Residual Oil Burners.’’ The SIP revision                regulations.                                              practicable and legally permissible
     makes minor and clarifying edits                                                                                  methods, under Executive Order 12898
     throughout the three rules. The changes                 V. Statutory and Executive Order
                                                                                                                       (59 FR 7629, February 16, 1994).
     in Section .0542 remove obsolete past                   Reviews
                                                                                                                          The SIP is not approved to apply on
     due dates for Emission Control                            Under the CAA, the Administrator is                     any Indian reservation land or in any
     Requirements and provide clarification                  required to approve a SIP submission                      other area where EPA or an Indian tribe
     edits under paragraph (c)—                              that complies with the provisions of the                  has demonstrated that a tribe has
                                                                                                                       jurisdiction. In those areas of Indian
       4 40 CFR 51.121–5.122 (NO SIP Call regulations)          6 January 1, 2009 is the most recent state effective
                                 X                                                                                     country, the rule does not have tribal
     and 40 CFR part 75 (Continuous Emissions                date of subchapter 2D, Section .1404,
     Monitoring).                                            ‘‘Recordkeeping: Reporting: Monitoring,’’ and it
                                                                                                                       implications as specified by Executive
       5 EPA approved the repeal of these provisions on      reflects the exact version of the text of .1404 that      Order 13175 (65 FR 67249, November 9,
     May 9, 2013. See 78 FR 27065.                           EPA is proposing to approve into the SIP.                 2000), nor will it impose substantial


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                       Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules                                          56775

     direct costs on tribal governments or                   submissions (audio, video, etc.) must be              pollution. For attainment areas, the
     preempt tribal law.                                     accompanied by a written comment.                     program was conditionally approved
                                                             The written comment is considered the                 into Ohio’s SIP on October 10, 2001 (66
     List of Subjects in 40 CFR Part 52
                                                             official comment and should include                   FR 51570), and fully approved on
       Environmental protection, Air                         discussion of all points you wish to                  January 22, 2003 (68 FR 2909). For
     pollution control, Carbon monoxide,                     make. EPA will generally not consider                 nonattainment areas, the program was
     Incorporation by reference,                             comments or comment contents located                  fully approved on January 10, 2002 (68
     Intergovernmental relations, Nitrogen                   outside of the primary submission (i.e.               FR 1366). On February 20, 2013, OEPA’s
     dioxide, Ozone, Particulate matter,                     on the web, cloud, or other file sharing              SIP was revised (78 FR 28547) to
     Reporting and recordkeeping                             system). For additional submission                    combine the PTI and Permit to Operate
     requirements, Sulfur oxides, Volatile                   methods, please contact the person                    (PTO) programs into a single Permit to
     organic compounds.                                      identified in the FOR FURTHER                         Install and Operate (PTIO) program so
        Authority: 42 U.S.C. 7401 et seq.                    INFORMATION CONTACT section. For the                  that a minor source not subject to title
                                                             full EPA public comment policy,                       V of the Clean Air Act in Ohio would
       Dated: November 6, 2018.
                                                             information about CBI or multimedia                   be issued a single PTIO instead of a PTI
     Onis ‘‘Trey’’ Glenn, III,                               submissions, and general guidance on                  and a PTO permit.
     Regional Administrator, Region 4.                       making effective comments, please visit                  On August 3, 2006, the Ohio General
     [FR Doc. 2018–24819 Filed 11–13–18; 8:45 am]            http://www2.epa.gov/dockets/                          Assembly passed Senate Bill 265 (SB
     BILLING CODE 6560–50–P                                  commenting-epa-dockets.                               265) which required OEPA to modify
                                                             FOR FURTHER INFORMATION CONTACT:                      several of its BAT rules. OEPA’s BAT is
                                                             Richard Angelbeck, Environmental                      an air permitting mechanism to help
     ENVIRONMENTAL PROTECTION                                Scientist, Air Permits Section, Air                   control emissions in minor air permits.
     AGENCY                                                  Programs Branch (AR–18J),                             BAT can be any combination of work
                                                             Environmental Protection Agency,                      practices, air pollution control devices,
     40 CFR Part 52                                          Region 5, 77 West Jackson Boulevard,                  raw material specifications, throughput
     [EPA–R05–OAR–2018–0369 FRL–9986–29–                     Chicago, Illinois 60604, (312) 886–9698,              limitations, source design
     Region 5]                                               angelbeck.richard@epa.gov.                            characteristics, and OEPA does an
                                                             SUPPLEMENTARY INFORMATION:                            evaluation of the annualized cost per
     Air Plan Approval; Ohio; Ohio Less                      Throughout this document whenever                     ton of air pollutant removed when
     Than 10 TPY BAT Exemption                               ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           determining BAT. One of the changes
                                                             EPA. This supplementary information                   implemented was the less than 10 tpy
     AGENCY:  Environmental Protection
                                                             section is arranged as follows:                       BAT exemption. To implement the SB
     Agency (EPA).
                                                                                                                   265 changes, OEPA adopted revisions
     ACTION: Proposed rule.                                  I. What revisions did OEPA submit?                    under OAC Chapter 3745–31–
                                                             II. Do the revisions comply with section
     SUMMARY:   The Environmental Protection                      110(l) of the Clean Air Act?
                                                                                                                   05(A)(3)(b) on November 20, 2006,
     Agency (EPA) is proposing to approve,                   III. What action is EPA taking?                       which became effective on December 1,
     under the Clean Air Act (CAA),                          IV. Incorporation by Reference                        2006. On January 18, 2008, OEPA
     revisions to Ohio’s State                               V. Statutory and Executive Order Reviews              requested that EPA approve this rule
     Implementation Plan (SIP) as requested                                                                        language as a revision to Ohio’s SIP.
                                                             I. What revisions did OEPA submit?                    EPA responded with a June 5, 2008
     by the Ohio Environmental Protection
                                                                On May 22, 2018, OEPA submitted a                  letter to OEPA indicating that the
     Agency (OEPA) on May 22, 2018. OEPA
                                                             SIP revision to Ohio Administrative                   request was incomplete due to a lack of
     has submitted, for approval, revisions
                                                             Code (OAC) rule 3745–31–                              a CAA section 110(l) demonstration,
     that exempt sources that emit less than
                                                             05(A)(3)(a)(ii), which is its BAT rule.               thus returning the request back to
     10 tons per year (tpy) from the need to
                                                             This revision exempts the smaller                     OEPA. On June 2, 2008, OEPA moved
     employ Best Available Technology
                                                             emitting sources, those that emit less                the language in OAC rule 3745–31–05
     (BAT). EPA is proposing to approve
                                                             than 10 tpy of each criteria pollutant,               from paragraph (A)(3)(b) to (A)(3)(a)(ii)
     these revisions because they are                        from the need to employ BAT. OEPA’s                   which became effective at the state level
     consistent with Federal regulations                     less than 10 tpy BAT exemption is                     on June 30, 2008. The rule language
     governing state permit programs.                        currently in OEPA’s OAC 3745–31–                      contained in OAC rule 3745–31–
     DATES: Comments must be received on                     05(A)(3)(a)(ii) and reads: ‘‘BAT is not               05(A)(3)(a)(ii) was carried over in OAC
     or before December 14, 2018.                            required if the air contaminant source                rule 3745–31–05, which was adopted on
     ADDRESSES: Submit your comments,                        was installed or modified on or after                 April 20, 2016, and became effective at
     identified by Docket ID No. EPA–R05–                    August 3, 2006 and has the potential to               the state level as of May 1, 2016, and is
     OAR–2018–0369 at http://                                emit (PTE), taking into account air                   what OEPA is now requesting for EPA
     www.regulations.gov, or via email to                    pollution controls installed on the                   approval as a revision to its SIP. EPA
     damico.genevieve@epa.gov. For                           source, less than ten tons per year of                considered this May 22, 2018 submittal
     comments submitted at Regulations.gov,                  emissions of an air contaminant or                    to be complete.
     follow the online instructions for                      precursor of an air contaminant for
     submitting comments. Once submitted,                    which a national ambient air quality                  II. Do the revisions comply with section
     comments cannot be edited or removed                    standard has been adopted under the                   110(l) of the Clean Air Act?
     from Regulations.gov. For either manner                 Clean Air Act.’’                                         OEPA’s May 22, 2018 SIP revision
     of submission, EPA may publish any                         Ohio’s Federally approved                          submittal included a 110(l)
     comment received to its public docket.                  construction program, OAC 3745–31                     demonstration. This demonstration
     Do not submit electronically any                        (‘‘Permits to Install New Sources of                  included an extensive analysis to show
     information you consider to be                          Pollution’’) provides the authority for               the impact that the less than 10 tpy BAT
     Confidential Business Information (CBI)                 OEPA to issue Permits to Install (PTI) to             exemption would have on emissions.
     or other information whose disclosure is                new sources of air pollution or                       This analysis evaluated over 400
     restricted by statute. Multimedia                       modifications to existing sources of air              permits, representing more than 80


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Document Created: 2018-11-14 03:32:02
Document Modified: 2018-11-14 03:32:02
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 December 5, 2018.
ContactRichard Wong, 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) 562-8726. Mr. Wong can also be reached via electronic mail at [email protected]
FR Citation83 FR 56773 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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