Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65091 

1The SIP revisions were received by EPA on June 

6, 2017, and September 6, 2017, respectively. 

2 In the table of North Carolina regulations 

federally approved into the SIP at 40 CFR 

52.1770(c), 15A NCAC 02D is referred to as 

‘‘Subchapter 2D Air Pollution Control 

Requirements.’’ 

3 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 Section .1404 

that EPA is proposing to approve into the SIP. 

* * * * * 

[FR Doc. 2018–27356 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2018–0419; FRL–9988–11– 

Region 4] 

Air Plan Approval; North Carolina 

Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 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 (NOX), 

emission control standards, monitoring, 

and reporting requirements. EPA is 

taking final action 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: This rule will be effective 

January 18, 2019. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2018–0419. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, 

Region 4, U.S. Environmental Protection 

Agency, 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 wong.richard@epa.gov. 

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 North Carolina 

Administrative Code (NCAC) 02D, 

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 Residual Oil Burners.’’ 2

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 changes to 

Section .0535 in a separate action. 

In a notice of proposed rulemaking 

(NPRM) published on November 14, 

2018 (83 FR 56773), EPA proposed to 

approve the SIP submissions 

transmitted under cover letters dated 

June 5, 2017, and August 22, 2017. The 

specific details of the SIP submissions 

and the rationale for EPA’s actions are 

discussed in the NPRM. Comments on 

the proposed rulemaking were due on or 

before December 5, 2018. EPA received 

five comments in total—one comment 

that is not relevant to the action, two 

comments that support the revision and 

two adverse comments. The comments 

can be found in the docket for this 

action. After considering the adverse 

comments, EPA is now taking final 

action to approve the above-referenced 

revision. 

II. Response to Comments 

Comments: As mentioned above, EPA 

received two adverse public comments 

on the proposed rule published on 

November 14, 2018. The comments are 

available for public viewing as a part of 

the electronic docket for this 

rulemaking. The first Commenter notes 

that if the revisions are in line with the 

CAA and federal regulations, they 

should be approved; however, ‘‘if they 

are considered worse, such as they are 

raising the emission rates for certain 

vendors, this should be addressed and 

maybe suggest a stricter standard if it is 

feasible.’’ The second Commenter 

asserts that ‘‘[i]n the past year, the Clean 

Air Act has been revised to be less harsh 

for energy plants. With a more relaxed 

Clean Air Act, the United States air 

quality and overall environmental 

health can take a toll. In the past 50 

years ago, toxic pollutants like sulfur 

dioxide and smog have been reduced. 

With this proposed rule, this could 

completely reverse the progress the act 

has made thus far. These proposed 

changes should consider the long-term 

effects on the environment.’’ 

Response: It is unclear how either of 

the comments relate to the proposed 

rule or how the commenters would like 

EPA to change the proposed rule. The 

rule changes being approved do not 

involve any changes (including 

increases) to emission rates, nor do they 

implicate any long-term effects on the 

environment. Rather, as discussed in the 

notice of proposed rulemaking, the 

changes to the NOX recordkeeping, 

reporting, and monitoring rule involve 

minor typographical and clarifying 

changes that do not relax the rule, and 

the addition of sources subject to 

continuous emissions monitoring for 

NOX strengthens the SIP. Changes to the 

other rules are either minor or clarifying 

and do not alter the meaning of the rules 

or they are consistent with the 

requirements of the CAA and federal 

regulations. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is taking final action to 

incorporate by reference North Carolina 

regulations under Subchapter 2D Air 

Pollution Control Requirements, Section 

.1404, ‘‘Recordkeeping: Reporting: 

Monitoring,’’ effective January 1, 2009,3

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 also 

taking final action to incorporate by 


amozie on DSK3GDR082PROD with RULES
65092 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

4See 62 FR 27968 (May 22, 1997). 

reference regulations 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 Residual Oil Burners,’’ 

effective June 1, 2008, which make 

minor and clarifying changes, update 

rule references, and remove 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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State’s implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation.4

IV. Final Action 

EPA is taking final action to approve 

the portions of the SIP revisions 

referenced above and provided by the 

NCDAQ in letters dated June 5, 2017, 

and August 22, 2017. EPA is taking final 

action to approve the changes because 

the submissions are consistent with 

section 110 of the CAA. 

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 final 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 

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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 6, 2018. 

Mary S. Walker, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart II—North Carolina 

■ 2. Section 52.1770(c)(1) is amended 

under Subchapter 2D Air Pollution 

Control Requirements, by revising the 

entries for ‘‘Section .0542’’; ‘‘Section 

.0606’’, ‘‘Section .0608’’; and ‘‘Section 

.1404’’ to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

(1) EPA-APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

Subchapter 2D Air Pollution Control Requirements 

*******

Section .0500 Emission Control Standards 

*******

Section .0542 ......... Control of Particulate Emissions 

from Cotton Ginning Operations.

6/1/2008 12/19/2018, [Insert citation of publication].


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65093 

1Letter dated January 19, 2016, from Richard W. 

Corey, Executive Officer, CARB to Jared 

Blumenfeld, Regional Administrator, Region 9, 

EPA. 

2The 2008 ozone NAAQS include primary and 

secondary 8-hour ozone NAAQS of 0.075 parts per 

million (ppm), 73 FR 16436 (March 27, 2008). The 

2006 PM2.5 NAAQS include primary and secondary 

24-hour NAAQS for PM2.5 of 35 micrograms per 

cubic meter (mg/m3), 71 FR 61144 (October 17, 

2006). The 2012 PM2.5 NAAQS include a primary 

annual PM2.5 NAAQS of 12.0 mg/m3, 78 FR 3086 

(January 15, 2013). The 2010 SO2 NAAQS include 

a primary 1-hour SO2 NAAQS of 75 parts per 

billion (ppb), 75 FR 35520 (June 22, 2010). 

3 83 FR 5375. 

(1) EPA-APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Section .0600 Monitoring: Recordkeeping: Reporting 

*******

Section .0606 ......... Sources Covered By Appendix P 

of 40 CFR Part 51.

6/1/2008 12/19/2018, [Insert citation of publication].

* * * * * * * 

Section .0608 ......... Other Large Coal or Residual Oil 

Burners.

6/1/2008 12/19/2018, [Insert citation of publication].

* * * * * * * 

Section .1400 Nitrogen Oxides 

Section .1404 ......... Recordkeeping: Reporting: Monitoring.1/1/2009 12/19/2018, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2018–27358 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0177; FRL–9987–97– 

Region 9] 

Approval and Promulgation of Air 

Quality State Implementation Plans; 

California; Interstate Transport 

Requirements for Ozone, Fine 

Particulate Matter, and Sulfur Dioxide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

submission from the State of California 

regarding certain interstate transport 

requirements of the Clean Air Act (CAA 

or ‘‘Act’’). This submission addresses 

the 2008 ozone national ambient air 

quality standards (NAAQS), the 2006 

fine particulate matter (PM2.5) and 2012 

PM2.5 NAAQS, and the 2010 sulfur 

dioxide (SO2) NAAQS. The interstate 

transport requirements under the CAA 

consist of several elements; this final 

rule pertains only to significant 

contribution to nonattainment and 

interference with maintenance of the 

NAAQS in other states. 

DATES: This final rule is effective on 

January 18, 2019. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2017–0177. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Rory 

Mays, Air Planning Office (AIR–2), EPA 

Region IX, (415) 972–3227, mays.rory@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’, ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

A. Evaluation for the 2008 Ozone NAAQS 

B. Evaluation for the 2006 PM2.5 and 2012 

PM2.5 NAAQS 

C. Evaluation for the 2010 SO2 NAAQS 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

The California Air Resources Board 

(CARB) submitted the ‘‘California 

Infrastructure State Implementation 

Plan (SIP) Revision, Clean Air Act 

Section 110(a)(2)(D)’’ on January 19, 

2016 (‘‘California Transport Plan’’ or 

‘‘Plan’’).1 This Plan addresses interstate 

transport for the 2008 ozone, 2006 

PM2.5, 2012 PM2.5, and 2010 SO2

NAAQS.2 On February 7, 2018, the EPA 

proposed to approve the California 

Transport Plan into the California SIP 

because we determined that it complies 

with the relevant CAA requirements.3

Our proposed action contains more 

information on the California Transport 

Plan and our evaluation. We summarize 

the key points of our proposed 

rulemaking and evaluation in this final 

rule. 

Sections 110(a)(2)(D)(i)(I)–(II) of the 

CAA require SIPs to include provisions 

prohibiting any source or other type of 

emissions activity in one state from 

emitting any air pollutant in amounts 

that will contribute significantly to 

nonattainment, or interfere with 

maintenance, of the NAAQS, or 

interfere with measures required to 

prevent significant deterioration of air 

quality or to protect visibility in any 

other state. This final rule addresses the 


amozie on DSK3GDR082PROD with RULES