Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules 5091 

1 DAQ supplemented the September 18, 2009, 

submittal in a letter dated June 7, 2019, which 

includes the correct redline/strikeout of the 

regulatory changes and final regulations that 

became state effective on January 1, 2009. This 

letter is available in the docket for this proposed 

rulemaking. 

2The State submitted the revisions following the 

readoption of several air regulations. These include: 

.0801, .0802, .0803, .0804, .0805, .0806, .0807, 

.0809, .0901, and .0902, and were submitted 

pursuant to North Carolina’s 10-year regulatory 

readoption process at North Carolina General 

Statute 150B–21.3A. 

3 In the table of North Carolina regulations 

federally approved into the SIP at 40 CFR 

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

‘‘Subchapter 2Q Air Quality Permits.’’ 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 21, 2020. 

James Gulliford, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA proposes to amend 

40 CFR part 52 as set forth below: 

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 R—Kansas 

§ 52.870 [Amended] 

■ 2. In § 52.870, the table in paragraph 

(c) is amended by removing the entry 

‘‘K.A.R. 28–19–719’’ under the heading 

‘‘Volatile Organic Compound 

Emissions’’. 

■ 3. In § 52.873, paragraph (a) is revised 

to read as follows: 

§ 52.873 Approval status. 

(a) Kansas rule K.A.R. 28–19–719 was 

rescinded on February 18, 2021. 

* * * * * 

[FR Doc. 2021–00179 Filed 1–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0187; FRL–10016– 

71–Region 4] 

Air Plan Approval; North Carolina; 

Revisions to Exclusionary Rules and 

Permit Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

portions of revisions to a State 

Implementation Plan (SIP) submitted by 

the State of North Carolina through the 

North Carolina Department of 

Environmental Quality, Division of Air 

Quality (DAQ), on September 18, 2009, 

and July 10, 2019. These SIP revisions 

seek to modify the State’s rules that 

define the categories of facilities that are 

exempted from Title V permitting 

requirements by limiting their potential 

emissions (‘‘exclusionary rules’’) and 

the categories of facilities that are 

exempted from the State’s rules that 

address the permitting requirements for 

non-Title V facilities (‘‘permit 

exemption rules’’). EPA is proposing to 

approve this revision pursuant to the 

Clean Air Act (CAA or Act). 

DATES: Comments must be received on 

or before February 18, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0187 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: 

Pearlene Williams, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

Ms. Williams can be reached via 

telephone at (404) 562–9144, or via 

electronic mail at williams.pearlene@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Submittal—September 18, 2009 

On September 18, 2009, DAQ 

submitted revisions to 15A North 

Carolina Administrative Code (NCAC) 

Subchapter 02Q, Section .0902, 

Temporary Crushers,1 for review and 

approval into the SIP. These changes are 

part of North Carolina’s permit 

exemption rules at Section .0900 that 

define the categories of facilities that are 

exempted from the State’s regulations 

that address the permitting 

requirements for non-Title V facilities. 

These changes are discussed in more 

detail in Section II. 

B. Submittal—July 10, 2019 

On July 10, 2019, DAQ submitted SIP 

revisions to EPA with changes to the 

following rules in 15A NCAC 02Q 

Section .0800 that define the categories 

of facilities that are exempted from Title 

V permitting requirements by limiting 

their potential emissions: Section .0801, 

Purpose and Scope; Section .0802, 

Gasoline Service Stations and 

Dispensing Facilities; Section .0803, 

Coating, Solvent Cleaning, Graphic Arts 

Operations; Section .0804, Dry Cleaning 

Facilities; Section .0805, Grain 

Elevators; Section .0806, Cotton Gins; 

and Section .0807, Emergency 

Generators; and Section .0809, Concrete 

Batch Plants.2 The July 10, 2019, SIP 

revisions also contain changes to the 

following permit exemption rules: 

Section .0901, Purpose and Scope; and 

Section .0902, Temporary Crushers. 

These changes are discussed in more 

detail in Section II. 

II. Analysis of the State Submittals 

The revisions that are the subject of 

this proposed rulemaking make changes 

to exclusionary rules and permit 

exemption rules under Subchapter 2Q 3

of the North Carolina SIP. These 

changes revise the recordkeeping and 

reporting requirements of the 

exclusionary rules; remove Section 

.0809, Concrete Batch Plants; revise the 

provisions of Section .0902, Temporary 

Crushers; and revise language and 

reformat the regulatory citations 

contained in the exclusionary and 

permit exemption rules. Detailed 

descriptions of the changes are provided 

below. 

Section .0801, Purpose and Scope, is 

revised to modify language and reformat 

the regulatory citations of this section. 

In addition, the recordkeeping and 

reporting requirement exemptions are 

removed. New paragraphs have been 

created using the existing text of this 

section. The language changes in this 

section pertain to updates to subjectverb agreements and word tense. EPA is 

proposing to approve these changes to 

these rules because they are 

grammatical and organizational in 


khammond on DSKJM1Z7X2PROD with PROPOSALS
5092 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules 

4 15 NCAC 02Q .0802(c) includes a typographical 

error that inadvertently changed the word ‘‘for’’ to 

‘‘form’’ instead of the correct word ‘‘from.’’ 

5EPA previously approved changes to .0803, 

Coating Solvent Cleaning, state effective April 1, 

2001 (as transmitted in an April 16, 2001, SIP 

revision), on August 8, 2002 (67 FR 51461). EPA 

inadvertently reverted the state effective date 

included in Table (c) of 40 CFR 52.1770 to April 

1, 1999, in a subsequent action on October 22, 2002 

(67 FR 64990). The April 1, 2001 change to the 

reporting date in paragraph (i), now recodified as 

paragraph (j), is included and superseded in the 

April 1, 2018, state effective version of 15A NCAC 

02Q .0803. 

6EPA has already taken action on the following 

portions of the September 18, 2009 submittal: 02D 

.0901—approved at 78 FR 27065 (May 9, 2013); 02D 

.0902—approved at 78 FR 44890 (July 25, 2013); 

02D .0909—approved at 78 FR 58184 (September 

23, 2013); and 02Q .0304—approved at 85 FR 43461 

(June 24, 2020). Rules 02D .0953 and .0954 were 

repealed, state effective September 18, 2009, and 

removed from the SIP at 78 FR 58184 (September 

23, 2013). DAQ withdrew the following portions of 

the September 18, 2009 submittal: 02D .0521 

(withdrawn June 7, 2019) and 02D .0952 

(Withdrawn November 30, 2012). Additionally, 

DAQ withdrew paragraph (d) of 02Q .0902 (as 

renumbered from paragraph (c)) in the September 

18, 2009, submittal and carried forward in the July 

10, 2019, submittal, from EPA consideration in a 

letter dated on June 1, 2020. The June 1, 2020, 

withdrawal letter is available in the docket for this 

proposed rulemaking. 

7Except for the change to Section .0902(d) in the 

July 10, 2019 and September 18, 2009 SIP revisions 

which was withdrawn from EPA consideration in 

a letter dated June 1, 2020. Additionally, the 

withdrawal of paragraph (d) from section 02Q 

.0902, leaves the section with two paragraphs (c), 

one state effective on January 1, 2001 and one state 

effective on January 1, 2009. DAQ plans to submit 

revisions to address the two paragraphs (c) in a 

future submission. 

nature and therefore do not interfere 

with any applicable requirement 

concerning attainment or any other 

applicable requirement of the Act. 

North Carolina submitted changes to 

several rules within Section .0800 

which do not alter the meaning or make 

significant changes to those rules. 

Specifically, the following rules are 

submitted with changes to update a 

cross-reference to where the 

‘‘responsible official’’ at a facility is 

defined in the North Carolina 

regulations, reformat regulatory 

citations, make minor language edits, 

and correct typographical errors, where 

applicable: Sections .0802, Gasoline 

Service Stations and Dispensing 

Facilities; 4 .0803, Coating, Solvent 

Cleaning,5 Graphic Arts Operations; 

.0804, Dry Cleaning Facilities; .0805, 

Grain Elevators; .0806, Cotton Gins; 

.0807, Emergency Generators; and 

Section .0901, Purpose and Scope. EPA 

is proposing to approve these changes to 

these rules because they do not alter the 

meaning of the regulations. . . . 

DAQ has repealed Section .0809, 

Concrete Batch Plans and is proposing 

to remove it from the SIP. This rule 

covered certain sizes of concrete batch 

plants that use fabric filters or 

equivalently effective control devices to 

control particulate emissions to limit 

production such that the potential to 

emit (PTE) would remain below 

applicable Title V thresholds as 

determined by the State. Under the rule, 

these facilities were not required to 

obtain major source operating permits 

pursuant to 02Q .0500, Title V 

Procedures. Section .0809 functioned as 

a flexible permitting mechanism to 

cover certain types of concrete batch 

plants that wished to avoid Title V 

permitting. Sources previously covered 

by this rule can elect to obtain synthetic 

minor operating permits pursuant to 

02Q .0315, Synthetic Minor Facilities, or 

otherwise have the option to obtain a 

Title V permit pursuant to 02Q .0500 if 

their PTE is above the Title V 

thresholds. EPA has preliminarily 

determined that repealing Section .0809 

does not interfere with any applicable 

requirement concerning attainment or 

any other applicable requirement of the 

Act because it simply removes a 

mechanism sources could use to avoid 

Title V permitting. Accordingly, EPA is 

proposing to remove Section .0809 from 

the SIP. 

Section .0902, Temporary Crushers, is 

revised with edits from the September 

18, 2009,6 and July 10, 2019, submittals 

that include clarifying edits, changes to 

formatting, minor modifications to 

language, correction of typographical 

errors, and renumbering.7 First, the 

permit exemption regarding temporary 

crushers is revised to remove language 

related to the diesel fuel burning 

equipment at these facilities. Previously, 

to qualify for the exemption from 02Q 

.0300, Construction and Operating 

Permits, temporary crushers that used a 

diesel-fired generator or diesel engine to 

drive the crusher could not burn more 

than 17,000 gallons of diesel at the 

facility. North Carolina explains that 

removing this language is necessary 

because DAQ does not regulate engines 

such as these, which are subject to Title 

II of the CAA, Emissions Standards for 

Moving Sources. Any associated engines 

at such temporary sources would be 

defined as portable and, as such, not 

considered part of a stationary source. 

Therefore, the effect of removing these 

engines from the rule exempting 

temporary crushers is clarifying in 

nature and does not alter existing 

permitting requirements. The edits also 

add a new paragraph (i), which requires 

an owner or operator of a crusher to 

apply for and receive an air quality 

permit before beginning operations 

(should they plan to operate for more 

than twelve months). Other revisions 

include updated cross-references to 

applicable rules and updated 

recordkeeping and reporting 

requirements to reflect the removal of 

these engines from the exemption. 

Remaining edits include updates to 

numbering, minor changes to existing 

language, and correction of 

typographical errors. EPA is proposing 

to approve these minor and clarifying 

changes to Section .0902 because they 

do not interfere with any applicable 

requirement concerning attainment or 

any other applicable requirement of the 

Act. 

III. Incorporation by Reference 

In this notice, 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 

the following sections of 15A NCAC 

Subchapter 02Q with a state-effective 

date of April 1, 2018: Section .0801, 

Purpose and Scope; Section .0802, 

Gasoline Service Stations and 

Dispensing Facilities; Section .0803, 

Coating, Solvent Cleaning, Graphic Arts 

Operations; Section .0804, Dry Cleaning 

Facilities; Section .0805, Grain 

Elevators; Section .0806, Cotton Gins; 

Section .0807, Emergency Generators; 

Section .0901, Purpose and Scope and 

Section .0902, Temporary Crushers 

(with the exception of .0902(d)). EPA is 

also proposing to remove North Carolina 

regulation 15A NCAC Subchapter 02Q 

Section .0809, Concrete Batch Plants, 

from the North Carolina SIP, which is 

incorporated by reference in accordance 

with the requirements of 1 CFR part 51. 

These changes are proposed to revise 

the recordkeeping and reporting 

requirements of the permitting 

exclusionary rules, remove the 

‘‘Concrete Batch Plants’’ regulation, 

revise language, and reformat the 

regulatory citations contained in these 

regulations. 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). 

IV. Proposed Action 

EPA is proposing to approve the 

changes described above to the North 

Carolina SIP submitted by the State of 

North Carolina on September 18, 2009, 

and July 10, 2019. The changes under 

Subchapter 02Q Section .0801, Purpose 

and Scope; Section .0802, Gasoline 

Service Stations and Dispensing 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules 5093 

Facilities; Section .0803, Coating, 

Solvent Cleaning, Graphic Arts 

Operations; Section .0804, Dry Cleaning 

Facilities; Section .0805, Grain 

Elevators; Section .0806, Cotton Gins; 

Section .0807, Emergency Generators; 

Section .0901, Purpose and Scope; and 

Section .0902, Temporary Crushers, are 

proposed to revise the recordkeeping 

and reporting requirements of the 

permitting exclusionary rules, remove 

Section .0809, the Concrete Batch Plants 

regulation, revise language, and 

reformat the regulatory citations 

contained in these regulations. The 

proposed changes are consistent with 

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. This action merely proposes to 

approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does 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. 

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

Dated: November 16, 2020. 

Mary Walker, 

Regional Administrator, Region 4. 

[FR Doc. 2021–00534 Filed 1–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2002–0037; FRL–10018–75– 

OAR] 

RIN 2060–AR73 

National Emission Standards for 

Hazardous Air Pollutants: Polyvinyl 

Chloride and Copolymers Production 

Reconsideration; Reopening of a 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of 

public comment period. 

SUMMARY: On November 9, 2020, the 

U.S. Environmental Protection Agency 

(EPA) proposed a rule titled ‘‘National 

Emission Standards for Hazardous Air 

Pollutants: Polyvinyl Chloride and 

Copolymers Production 

Reconsideration.’’ The EPA is reopening 

the comment period on the proposed 

rule that closed on January 8, 2021. The 

comment period will reopen until 

February 8, 2021, to allow additional 

time for stakeholders to review and 

comment on the proposal. 

DATES: The public comment period for 

the proposed rule published in the 

Federal Register on November 9, 2020 

(85 FR 71490), which ended on January 

8, 2021, is being reopened. Written 

comments may now be received on or 

before February 8, 2021. 

ADDRESSES: 

Comments. Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2002–0037, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2002–0037 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2002– 

0037. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2002– 

0037, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand/Courier Delivery (by 

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operation are 8:30 

a.m.–4:30 p.m., Monday through Friday 

(except federal holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. The EPA’s policy is that all 

comments received may be posted 

without change to https://

www.regulations.gov/, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statue. 

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. The 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS