60424 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules 

on or after January 5, 2021, and the State 

home requests that VA consider them 

for a waiver under § 51.51(b)(2); 

(2) With respect to the veterans on the 

written list under paragraph (c)(1), VA 

denied the State’s request for per diem 

for the veterans when their forms were 

originally submitted and the denial was 

solely because the veteran did not meet 

the requirements under 38 CFR 51.51(b) 

(2021); 

(3) Upon VA review, the veteran 

would have received a waiver under 

§ 51.51(b)(2) if that paragraph had been 

in effect when the request for per diem 

was originally submitted; and 

(4) The State home submits to VA a 

completed VA Form 10–5588, State 

Home Report and Statement of Federal 

Aid Claimed, for each month that the 

State home provided domiciliary care to 

a veteran for whom the home is 

requesting a waiver. The form would 

only cover the veterans not originally 

included on the form when submitted 

previously for that month. 

■ 7. Amend § 51.51 by revising 

paragraphs (a)(2) and (b) to read as 

follows: 

§ 51.51 Eligible veterans—domiciliary 

care. 

(a) * * * 

(1) * * * 

(2) A veteran who VA determines has 

no adequate means of support. When an 

applicant’s annual income exceeds the 

rate of pension described in paragraph 

(a)(1) of this section, VA will determine 

if the applicant has no adequate means 

of support. This determination will be 

made through an assessment of the 

veteran’s deficits in health or functional 

status that may render the veteran 

incapable of achieving or sustaining 

independence in the community as 

determined by the Chief of Staff of the 

VA medical center of jurisdiction, or 

designee. Assessment of whether the 

veteran has no adequate means of 

support will be based on objective 

evidence that considers factors that are 

inclusive of but not limited to: 

(i) the impact of the severity of the 

veteran’s medical condition, disabilities, 

and symptoms on the veteran’s safety in 

the community; 

(ii) the impact of the severity of the 

veteran’s medical condition, disabilities, 

and symptoms on the veteran’s ability to 

provide self-care; 

(iii) the availability of community or 

family support systems; 

(iv) the impact of the severity of the 

veteran’s medical condition, disabilities, 

and symptoms on the veteran’s ability to 

access and utilize community support 

systems; 

(v) the risk of loss of housing in the 

community; 

(vi) the risk of loss of the veteran’s 

income; 

(vii) access to outpatient mental 

health and substance use disorder care; 

and 

(viii) the current effectiveness of any 

outpatient mental health and substance 

use disorder care provided to the 

veteran. 

(b) (1) For purposes of this section, 

the eligible veteran must be able to 

perform the following: 

(i) Daily ablutions, such as brushing 

teeth, bathing, combing hair, and body 

eliminations, without assistance. 

(ii) Dress himself or herself with a 

minimum of assistance. 

(iii) Proceed to and return from the 

dining hall without aid. 

(iv) Feed himself or herself. 

(v) Secure medical attention on an 

ambulatory basis or by use of a 

personally propelled wheelchair. 

(vi) Have voluntary control over body 

eliminations or have control by use of 

an appropriate prosthesis. 

(vii) Make rational and competent 

decisions as to the veteran’s desire to 

remain in or leave the State home; or, 

if the veteran lacks the general capacity 

to make this residential care placement 

decision, as defined by State law, then 

the veteran’s legal representative 

designated in accordance with State 

law, is authorized to make this decision 

on behalf of the veteran. 

(2) The Chief of Staff of the VA 

medical center of jurisdiction, or 

designee, may waive the requirements 

in paragraph (b)(1) of this section for 

purposes of payment of per diem for 

domiciliary care in a State home on or 

after January 5, 2021, if the veteran is 

able to perform not fewer than four of 

the requirements set forth in such 

paragraph; or such waiver would be, 

based on a clinical determination, in the 

best interest of the veteran because 

receipt of domiciliary care in the 

particular State home would likely be 

beneficial to the veteran. This clinical 

determination must consider whether 

receiving domiciliary care in the State 

home would significantly enhance the 

veteran’s ability to live safely, would 

support the veteran’s potential progress 

in rehabilitation, if such potential exists, 

and would create an environment that 

supports the health and well-being of 

the veteran. In granting a waiver of 

paragraph (b)(1) of this section, the 

Chief of Staff of the VA medical center 

of jurisdiction, or designee, must make 

a finding that the State home has the 

capability to provide the domiciliary 

care that the veteran needs. 

§ 51.300 [Amended] 

■ 8. Amend § 51.300 by removing and 

reserving paragraph (b). 

[FR Doc. 2023–18921 Filed 8–31–23; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0391; FRL–11368– 

01–R4] 

Air Plan Approval; North Carolina; 

Revisions to Miscellaneous Particulate 

Matter Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of North 

Carolina through the North Carolina 

Division of Air Quality (NCDAQ) via a 

letter dated April 13, 2021. The SIP 

revision seeks to modify the State’s 

emission control standards by amending 

several air quality rules and removing a 

redundant rule for electric utility 

boilers. EPA is proposing to approve 

these changes pursuant to the Clean Air 

Act (CAA or Act). 

DATES: Comments must be received on 

or before October 2, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2022–0391, at 

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 

www.epa.gov/dockets/commenting-epadockets. 


lotter on DSK11XQN23PROD with PROPOSALS1
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1EPA notes that the April 14, 2021, submission 

was received under a cover letter dated April 13, 

2021. For clarity, throughout this document EPA 

will refer to the April 14, 2021, submission by its 

cover letter date of April 13, 2021. 

2The April 13, 2021, submittal contains revisions 

to other North Carolina SIP-approved rules that are 

not addressed in this document. EPA will act on 

those rule changes in separate rulemakings. 

3EPA will not act on Rule 02D .0503, Particulates 

from Fuel Burning Indirect Heat Exchangers, since 

this section was withdrawn from EPA consideration 

in a letter dated January 17, 2023, which is in the 

docket of this notice of proposed rulemaking 

(NPRM). 

4See CAA section 110(l). 

FOR FURTHER INFORMATION CONTACT: 

Pearlene Williams-Miles, Multi-Air 

Pollutant Coordination Section, Air 

Planning and Implementation Branch, 

Air and Radiation Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

GA 30303–8960. The telephone number 

is (404) 562–9144. Ms. Williams-Miles 

can also be reached via electronic mail 

at WilliamsMiles.Pearlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

EPA is proposing to approve a SIP 

revision submitted by North Carolina on 

April 14, 2021,1 seeking to amend 

various air quality rules and to remove 

one rule from the North Carolina SIP.2

Specifically, the SIP revision addresses 

State regulations amended in 15A North 

Carolina Administrative Code (NCAC) 

Subchapter 02D. The submission 

includes changes to multiple rules in 

Sections .0400 and .0500 of Subchapter 

02D and the removal of Rule 02D .0536, 

Particulate Emissions from Electric 

Utility Boilers.3 To support the request 

to remove Rule 02D .0536 from the SIP, 

the submission includes technical 

support materials to demonstrate that 

the removal of the rule would not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (RFP) or any 

other applicable requirement of the 

CAA.4

EPA’s analysis of North Carolina’s 

April 13, 2021, SIP revision is organized 

into two parts under Section II. Section 

II.A provides information and analysis 

relevant to the amended rules, and 

Section II.B provides the background 

and analysis for the removal of Rule 02D 

.0536. 

II. Analysis of North Carolina’s April 

14, 2021, SIP Revision 

A. Amended Rules 

North Carolina submitted changes to 

several rules within Subchapter 2D 

Sections .0400 and .0500 which do not 

alter the meaning of or make significant 

changes to those rules. Specifically, the 

following rules were submitted with 

changes to reformat equations and 

regulatory citations, make minor 

language edits, correct typographical 

errors, amend punctuation, and make 

clarifying edits: Rule 02D .0403, Total 

Suspended Particulates; Rule 02D .0501, 

Compliance with Emission Control 

Standards; Rule 02D .0504, Particulates 

from Wood Burning Indirect Heat 

Exchangers; Rule 02D .0506, 

Particulates from Hot Mix Asphalt 

Plants; Rule 02D .0507, Particulates 

from Chemical Fertilizer Manufacturing 

Plants; Rule 02D .0508, Particulates 

from Pulp and Paper Mills; Rule 02D 

.0509, Particulates from Mica and 

Feldspar Processing Plants; Rule 02D 

.0510, Particulates from Sand, Gravel, or 

Crushed Stone Processes; Rule 02D 

.0511, Particulates from Lightweight 

Aggregate Processes; 02D .0512, 

Particulates from Wood Products 

Finishing Plants; Rule 02D .0513, 

Particulates from Portland Cement 

Plants; Rule 02D .0514, Particulates 

from Ferrous Jobbing Foundries; and 

Rule 02D .0515, Particulates from 

Miscellaneous Industrial Processes. 

Certain changes to these rules are 

described below. 

1. Rule 02D .0501, Compliance With 

Emission Control Standards 

Rule 02D .0501, Compliance with 

Emission Control Standards, is revised 

in paragraph (d)(1)(D) to clarify that the 

review of an application for the 

proposed mix of alternative controls and 

the enforcement of a resulting permit 

will not require expenditures on the 

part of the State more than five times 

that which would otherwise be required 

for review and enforcement of other 

permits. Additionally, in paragraph 

(d)(2), a weblink is added to allow 

access to the SIP on the DAQ website. 

Paragraph (e) is revised to clarify that 

any changes made to the permit of a 

facility invoking paragraph (d) will be 

submitted to EPA to consider the 

changes’ approvability. 

2. Rule 02D .0504, Particulates From 

Wood Burning Indirect Heat Exchangers 

Rule 02D .0504, Particulates from 

Wood Burning Indirect Heat 

Exchangers, is revised at paragraph (a) 

to clarify that Rule 02D .0504 applies 

only to equipment that burns 100 

percent wood and to address text 

deleted from paragraph (f) by stating 

that equipment that burns wood and 

other fuels in combination is subject to 

Rule 02D .0503, Particulates from Fuel 

Burning Indirect Heat Exchangers. 

Rule 02D .0504 is also revised at 

paragraph (e) to prohibit a change in the 

allowable emission limit for wood 

burning indirect heat exchangers with 

previously established allowable 

emission limits due to the removal of a 

wood burning indirect heat exchanger. 

This change means that the emission 

limit will remain more stringent in this 

scenario (i.e., where a wood burning 

indirect heat exchanger has been 

removed but not replaced) because 

whereas a lower heat input (resulting 

from such removal) would otherwise 

result in a higher emission limit 

according to the equation in paragraph 

(c), the limit is not to be adjusted with 

such removal. Next, language is added 

to specify that for indirect heat 

exchangers constructed after, or in 

conjunction with, the removal of an 

existing unit, the maximum heat input 

of the removed wood burning indirect 

heat exchanger shall no longer be 

considered in the determination of the 

allowable emission limit for any wood 

burning indirect heat exchanger 

constructed after or in conjunction with 

the removal. In this scenario (i.e., where 

a new unit is constructed either 

contemporaneously with the removal of 

an existing unit or after the existing unit 

has been removed), the emission limit is 

to be updated in accordance with the 

equation in paragraph (c). This change 

clarifies the applicability of the change 

regarding removed indirect heat 

exchangers and maintains the 

stringency of the existing rule with 

respect to newly constructed indirect 

heat exchangers. 

Paragraph (e) is also revised to add 

language pertaining to facilities or 

institutions for which the indirect heat 

exchanger is utilized primarily for 

‘‘comfort heat.’’ Specifically, the new 

language states that for those facilities 

and institutions, only those wood 

burning indirect heat exchangers 

‘‘located in the same power plant or 

building or otherwise physically 

interconnected, such as common flues, 

steam, or power distribution line’’ are 

used to determine the total heat input to 

calculate the corresponding PM 

emission limit. This change aligns Rule 

02D .0504 with existing language in 

Rule 02D .0503(e) (addressing PM 

emissions from fuel burning indirect 

heat exchangers), which has always 

treated units purposed for comfort heat 

differently. This change is meant to 

make paragraph (e) consistent with the 

definition of ‘‘plant site’’ at 

subparagraph .0504(a)(3) for units 

whose primary wood burning capacity 

is for comfort heat, such that only those 

units in the same power plant or 

building or otherwise physically 

interconnected are treated as units at the 

same ‘‘plant site.’’ North Carolina 


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60426 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules 

5See the January 17, 2023, clarification letter 

from NCDAQ, which is included in the docket for 

this NPRM. 6 In addition to the changes outlined in this 

Section II.A.3, the State also removed paragraph (f) 

in the November 1, 2020, state-effective rule 

amendments at Rule 02D .0506. EPA never 

approved paragraph (f) into the North Carolina SIP, 

therefore, there is no EPA action requested with 

respect to this paragraph. 

7EPA will not act on the removal of the term 

‘‘elsewhere,’’ in Rule 02D .0506(e) since the 

removal of this word was withdrawn from EPA 

consideration in a letter dated January 17, 2023, 

which is in the docket for this NPRM. 

explained in a clarification letter dated 

January 17, 2023, which is in the docket 

for this NPRM, that it added the text to 

‘‘clarify instances of when such units 

whose primary wood burning capacity 

is for providing comfort heat would be 

considered ‘functionally dependent’ in 

their operations under the definition of 

plant site in 02D .0504(a)(3)(C).’’ 

NCDAQ notes that units which are 

otherwise ‘‘interconnected’’ would 

satisfy the criterion of being 

‘‘functionally dependent’’ at 

.0504(a)(3)(C). This treatment of these 

indirect heat exchangers reflects the fact 

that units primarily used for comfort 

heat have a more limited purpose and 

should be treated collectively to the 

extent they are located together or 

otherwise interconnected, but not if 

they are on adjacent properties and are 

not heating the same buildings or 

connected to the same power 

distribution line. Therefore, as 

explained by NCDAQ,5 the addition of 

the text does not change the emission 

limits set forth in paragraph (c). 

3. Rule 02D .0506, Particulates From 

Hot Mix Asphalt Plants 

Rule 02D .0506, Particulates from Hot 

Mix Asphalt Plants, is revised at 

paragraph (a) to specify that the 

allowable emissions rates apply to 

emissions originating from the stack or 

chimney of hot mix asphalt batch plants 

regulated by this rule.6 This is a 

clarifying amendment meant to 

recognize that there could be fugitive 

emissions, which, by definition, would 

not pass through the stack or chimney. 

Paragraph (c) in the SIP-approved 

version of the rule states that any nonprocess fugitive emissions are covered 

by Rule 02D .0540, Particulates from 

Fugitive Non-Process Dust Emission 

Sources, which covers ‘‘particulate 

matter that is not collected by a capture 

system and is generated from areas such 

as pit areas, process areas, haul roads, 

stockpiles, and plant roads,’’ as defined 

in Rule 02D .0540. 

The revision to Rule 02D .0506 also 

reorders some of the paragraphs. 

Paragraph (b) is reordered as paragraph 

(c). A new paragraph (b) is added to 

establish a 20 percent opacity limit for 

all hot mix asphalt plants. The 

requirement that fugitive process dust 

control systems (for their drying, 

conveying, classifying, and mixing 

equipment) be controlled in accordance 

with the opacity provisions in Rules 

02D .0521, Control of Visible Emissions, 

and 02D .0524, New Source 

Performance Standards, is removed 

from paragraph (c), as reordered, and 

sources are instead required to be 

equipped with scavenger process dust 

control systems that must exhaust 

through a stack or vent and be operated 

in a manner to comply with 

requirements established in paragraphs 

(a) and (b). Under the SIP, fugitive 

process dust emissions from hot mix 

asphalt plants are regulated by Rule 02D 

.0521, with some sources subject to a 20 

percent opacity standard and others a 40 

percent opacity standard depending on 

their date of manufacture, or Rule 02D 

.0524 which references Federal new 

source performance standards. The 

purpose of adding paragraph (b) is to 

require all hot mix asphalt plants, 

which are now required to have 

scavenger process dust control systems 

for their fugitive process emissions, to 

comply with an opacity standard of 20 

percent, regardless of when they were 

constructed. The current SIP-approved 

paragraph (c), which states that fugitive 

non-process dust emissions are 

controlled by Rule 02D .0540, 

Particulates from Fugitive Dust 

Emission Sources, is also reordered as 

paragraph (d). 

In paragraph (c), as reordered, there 

are changes to the language concerning 

the process dust control system. First, 

the SIP-approved version of the 

paragraph describes the control as a 

‘‘fugitive process dust control system,’’ 

and the updated term in the revised 

version—‘‘scavenger process dust 

control system’’—simply reflects that 

the dust control system is designed to 

collect, control, and vent the process 

dust emissions. Next, the SIP-approved 

language stating that these systems 

‘‘shall be operated and maintained in 

such a manner as to reduce to a 

minimum the emission of particulate 

matter from any point other than the 

stack outlet’’ is updated to say the dust 

control system ‘‘shall exhaust through a 

stack or vent and shall be operated and 

maintained in such a manner as to 

comply with Paragraphs (a) and (b)’’ of 

02D .0506. The paragraph, as revised, no 

longer mentions reducing emissions 

from any point other than the stack 

because the dust control system is 

designed to collect and process these 

emissions through the stack or vent, 

thereby specifically reducing any such 

fugitive emissions. The new 

requirement that the system be operated 

to comply with paragraphs (a) and (b) 

means that the system must meet both 

the particulate matter (PM) emission 

limit and visibility requirements of the 

rule. 

The revised version of Rule 02D .0506 

also includes a new paragraph (e), 

which provides that any fugitive 

emissions not otherwise covered by 02D 

.0506 are not to exceed 20 percent 

opacity. EPA is not acting on the 

removal of the word ‘‘elsewhere,’’ in 

paragraph (e), however, the Agency is 

acting on the remaining text in the 

paragraph.7

4. Rule 02D .0510, Particulates From 

Sand, Gravel or Crushed Stone 

Processes 

Rule 02D .0510, Particulates from 

Sand, Gravel or Crushed Stone 

Processes, is revised to provide 

examples of measures that owners or 

operators of sand, gravel, or crushed 

stone operations could make to ‘‘reduce 

to a minimum any PM becoming 

airborne.’’ Specifically, paragraph (a) is 

revised to include examples of possible 

control measures: ‘‘such as application 

of a dust or wet suppressant, soil 

stabilizers, covers, or add-on particulate 

control devices.’’ This is a 

noncomprehensive, illustrative list of 

possible controls to meet the 

requirement to minimize PM emissions. 

As such, this additional language 

clarifies but does not change the 

meaning of the rule. 

5. Rule 02D .0511, Particulates From 

Lightweight Aggregate Processes 

Rule 02D .0511, Particulates From 

Lightweight Aggregate Processes, is 

revised at paragraph (a) to provide one 

example of a measure—wet 

suppression—that owners or operators 

of a lightweight aggregate process could 

take to ‘‘reduce to a minimum any PM 

becoming airborne.’’ As such, this 

additional language clarifies but does 

not change the meaning of the rule. 

Paragraph (d) is also revised to remove 

the statement that ‘‘[t]he 95 percent 

reduction shall be by air pollution 

control devices.’’ This paragraph 

requires that PM from any stack serving 

lightweight aggregate kilns or dryers 

‘‘shall be reduced by at least 95 percent 

by weight before being discharged to the 

atmosphere.’’ This reduction 

requirement remains in place; only the 

specification as to the means of 

reduction, not the control requirement 

itself, is changing. 


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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules 60427 

8EPA approved changes to Rule 02D .0536 in 

1996 and 2019. See 61 FR 5689 (February 14, 1996) 

and 84 FR 14019 (April 9, 2019). 9The portions not approved in the 1988 action 

included emission and opacity limits for four 

plants—CP&L’s Asheville, Lee, Sutton, and 

Weatherspoon facilities—which were to be acted 

upon in a separate rulemaking, and the annual 

opacity limits for all plants, which were 

disapproved. 10EPA notes that the removal of the Rule 02D 

.0536 emission limits for CP&L’s Asheville, Lee, 

Sutton, and Weatherspoon facilities is not before 

EPA for consideration because these emission limits 

were disapproved by EPA on June 16, 1988, and are 

therefore not part of the North Carolina SIP. See 53 

FR 22486 and 40 CFR 52.1781(c). EPA also notes 

that each of these units has since shut down, as 

reflected in the April 13, 2021, submittal. 

6. Rule 02D .0512, Particulates From 

Wood Products Finishing Plants 

Rule 02D .0512, Particulates from 

Wood Products Finishing Plants, is 

revised to clarify that collectors and 

duct work must be properly designed 

and adequate to collect PM to the 

maximum extent practicable and that 

Commission approval of other devices 

proposed for meeting the requirements 

of Rule 02D .0512 shall occur on a caseby-case basis. The SIP-approved 

language states that ‘‘such other devices 

as approved by the Commission’’ can be 

utilized to collect and vent PM. 

Therefore, this additional language 

regarding other devices clarifies, but 

does not change, the meaning of the 

rule. 

7. Rule 02D .0513, Particulates From 

Portland Cement Plants 

Rule 02D .0513, Particulates from 

Portland Cement Plants, is revised at 

paragraph (a)(1) to remove the statement 

that ‘‘the 99.7 percent reduction shall be 

by air pollution control devices.’’ This 

paragraph requires that PM from any 

Portland cement kiln ‘‘shall be reduced 

by at least 99.7 percent by weight before 

being discharged to the atmosphere.’’ 

This reduction requirement remains in 

place; only the specification as to the 

means of reduction, not the control 

requirement itself, is changing. 

For the reasons discussed above, the 

changes described in this Section II.A 

would not interfere with any applicable 

requirement concerning attainment and 

RFP or any other applicable CAA 

requirement, consistent with section 

110(l) of the CAA. 

B. Removal of 02D .0536, Particulate 

Emissions From Electric Utility Boilers 

On January 24, 1983, and February 21, 

1983, North Carolina submitted Rule 

02D .0536, Particulate Emissions from 

Electric Utility Boilers, to EPA for 

incorporation into the SIP. 

Subsequently, North Carolina 

supplemented the submissions on 

December 17, 1985, and June 19, 1987. 

The regulation prescribes PM emission 

limits for thirteen electric utility power 

plants in the State belonging to Duke 

Power Company (Duke) and Carolina 

Power and Light (CP&L) relative to Rule 

02D .0503, Particulates from FuelBurning Indirect Heat Exchangers. EPA 

approved portions of and disapproved 

other portions of Rule 02D .0536 in 

1988.8 See 53 FR 11068 (April 5, 1988). 

The approved portions of the regulation 

set new: relaxed short-term emission 

limits for eight of the plants, retaining, 

although recodifying, the emission limit 

for one additional plant; stack testing 

requirements; and requirements for 

submittal of malfunction abatement 

plans.9

On July 9, 2020, North Carolina 

repealed Rule 02D .0536 to remove from 

its rules requirements that had become 

obsolete. EPA is proposing to approve 

NCDAQ’s request in the April 14, 2021, 

submission to remove the Rule from the 

North Carolina SIP. Further analysis is 

provided below. 

1. EPA’s Analysis of North Carolina’s 

Non-Interference Demonstration 

i. Particulate Matter 

In North Carolina’s April 14, 2021, 

SIP revision, the State concluded that 

the removal of the Rule 02D .0536, 

Particulate Emissions from Electric 

Utility Boilers, would not interfere with 

any applicable requirement concerning 

attainment of the National Ambient Air 

Quality Standards. Rule 02D .0536 

contains requirements less stringent 

than other sections of the North 

Carolina SIP. Specifically, paragraph (c) 

of Rule 02D .0503 contains PM emission 

limitations that are at least as stringent 

as those of Rule 02D .0536. NCDAQ 

confirms in its submittal that many 

units subject to Rule 02D .0536 have 

been permanently shut down, which 

include five units at the Buck facility, 

four units at the Cliffside facility, three 

units at the Dan Rivers facility, four 

units at the Riverbend facility, and two 

units at the Cape Fear facility.10 The 

remaining units are subject to the more 

or equally stringent PM emission limits 

of Rule 02D .0503(c), as described in 

North Carolina’s April 13, 2021, SIP 

submittal and shown in the table below. 

Unit identification 

PM emission 

limits in Rule 

02D .0536 

(lb/MMBtu) 

PM emission 

limits in Rule 

02D .0503 

(lb/MMBtu) 

Allen 1 ...................................................................................................................................................................... 0.25 0.15 

Allen 2 ...................................................................................................................................................................... 0.25 0.15 

Allen 3 ...................................................................................................................................................................... 0.25 0.13 

Allen 4 ...................................................................................................................................................................... 0.25 0.13 

Allen 5 ...................................................................................................................................................................... 0.25 0.13 

Belews Creek 1 ....................................................................................................................................................... 0.15 0.10 

Belews Creek 2 ....................................................................................................................................................... 0.15 0.10 

Cliffside 5 ................................................................................................................................................................. 0.25 0.11 

Marshall 1 ................................................................................................................................................................ 0.20 0.12 

Marshall 2 ................................................................................................................................................................ 0.20 0.12 

Marshall 3 ................................................................................................................................................................ 0.18 0.11 

Marshall 4 ................................................................................................................................................................ 0.18 0.11 

Roxboro 1 ................................................................................................................................................................ 0.25 0.12 

Roxboro 2 ................................................................................................................................................................ 0.16 0.11 

Roxboro 3 ................................................................................................................................................................ 0.10 0.10 

EPA has evaluated the State’s analysis 

and proposes to agree with North 

Carolina’s conclusion that removal of 

Rule 02D .0536, Particulate Emissions 

from Electric Utility Boilers, from the 

SIP would not interfere with any 

applicable requirement concerning 

attainment and RFP or any other 

applicable CAA requirement. 


lotter on DSK11XQN23PROD with PROPOSALS1
60428 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Proposed Rules 

11See 15A NCAC 02D .0530, Prevention of 

Significant Deterioration, and 40 Code of Federal 

Regulations Part 63, Subpart UUUUU—National 

Emission Standards for Hazardous Air pollutants: 

Coal- and Oil-Fired Electric Utility Steam 

Generating Units identified in the SIP revision at 

Attachment 2—Supplemental Information. 

12EPA is not proposing to act on the removal of 

the term ‘‘elsewhere,’’ in Rule 02D .0506(e) since 

the removal of this word was withdrawn from EPA 

consideration in a letter dated January 17, 2023, 

which is in the docket for this NPRM. 

ii. Quality Assurance Measures 

Rule 02D .0536 also addresses 

measures required for development and 

implementation of a quality assurance 

program. The program covers the 

requirements for opacity monitoring 

systems and measuring opacity. In 

North Carolina’s April 14, 2021, SIP 

revision, the State notes that the 

removal of Rule 02D .0536 does not 

constitute a relaxation of requirements 

for electric generating units since the 

affected units are still regulated by Rule 

02D .0613, Quality Assurance Program, 

which is also SIP-approved. Like Rule 

02D .0536, Rule 02D .0613 establishes 

that the Director may require the 

submission of a quality assurance 

program under certain conditions. The 

quality assurance program must consist 

of procedures and frequencies for 

calibration, standards, traceability, 

operational checks, maintenance, 

auditing, data validation, and a 

schedule for implementing the quality 

assurance program. Accordingly, EPA 

proposes that removal of the Rule 02D 

.0536 does not alter the requirements of 

the SIP in this regard. 

iii. Malfunction Abatement Plans 

North Carolina’s repeal of Rule 02D 

.0536 removes requirements at 

paragraph (h) for malfunctions or 

equipment failures. Because the 

associated PM limits of Rule 02D .0536 

are proposed for removal from the SIP, 

as described above, these malfunction 

abatement plan provisions would no 

longer serve their original intended 

purpose and are not necessary. 

Therefore, EPA agrees with North 

Carolina’s analysis that removal of 

paragraph (h) would not interfere with 

any applicable requirement concerning 

attainment, RFP, or any other applicable 

CAA requirement. 

iv. Stack Testing Requirements 

NCDAQ explains that the stack testing 

provision in Rule 02D .0536(d) provided 

the most practicable approach to 

demonstrating compliance when it was 

adopted on March 1, 1983, based on 

factors such as cost and time. However, 

to meet State and Federal 

requirements,11 the emitting units 

affected by the repeal of Rule 02D .0536 

have since undergone updates to more 

advanced monitoring systems that 

provide real-time emissions data; 

NCDAQ confirms in its SIP revision that 

all subject units have installed PM 

continuous emission monitoring 

systems. Furthermore, as noted above, 

because the PM limits of Rule 02D .0536 

are proposed for removal from the SIP, 

these associated stack testing 

requirements would no longer serve 

their original intended purpose and are 

not necessary. Therefore, EPA is 

proposing to agree with the State’s 

analysis that the removal of the stack 

testing provision with the repeal of Rule 

02D .0536 will not interfere with any 

applicable requirement concerning 

attainment, RFP, or any other CAA 

requirement. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, and as 

discussed in Section II of this preamble, 

EPA is proposing to incorporate by 

reference the following air quality rules 

under 15A NCAC 02D, Air Pollution 

Control Requirements, state effective on 

November 1, 2020: Rules 02D .0403, 

Total Suspended Particulates; 02D 

.0501, Compliance with Emission 

Control Standards; 02D .0504, 

Particulates from Wood Burning Indirect 

Heat Exchangers; 02D .0506, 

Particulates from Hot Mix Asphalt 

Plants; 12 02D .0507, Particulates from 

Chemical Fertilizer Manufacturing 

Plants; 02D .0508, Particulates from 

Pulp and Paper Mills; 02D .0509, 

Particulates from Mica and Feldspar 

Processing Plants; 02D .0510, 

Particulates from Sand, Gravel or 

Crushed Stone Processes; 02D .0511, 

Particulates from Lightweight Aggregate 

Processes; 02D .0513, Particulates from 

Portland Cement Plants; 02D .0514, 

Particulates from Ferrous Jobbing 

Foundries; and 02D .0515, Particulates 

from Miscellaneous Industrial 

Processes. Also in this document, EPA 

is proposing to remove Rule 02D .0536, 

Particulate Emissions from Electric 

Utility Boilers, from the North Carolina 

SIP, which is incorporated by reference 

in accordance with the requirements of 

1 CFR part 51. EPA has made, and will 

continue to make, the SIP generally 

available 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 

For the reasons explained above, EPA 

is proposing to approve North Carolina’s 

April 14, 2021, SIP revision seeking to 

amend various air quality rules and to 

remove Rule 02D .0536 from North 

Carolina’s SIP. 

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 

CAA and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

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); 

• 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); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 


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Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The NCDAQ did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this proposed 

action. Due to the nature of the action 

being proposed here, this proposed 

action is expected to have a neutral to 

positive impact on the air quality of the 

affected area. Consideration of EJ is not 

required as part of this proposed action, 

and there is no information in the 

record inconsistent with the stated goal 

of E.O. 12898 of achieving EJ for people 

of color, low-income populations, and 

Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: August 25, 2023. 

Carol Kemker, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2023–18707 Filed 8–31–23; 8:45 am] 

BILLING CODE 6560–50–P 


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