75500 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 

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. 

2On April 13, 2021, North Carolina provided 

multiple SIP revisions related to other North 

Carolina SIP-approved rules. These SIP revisions 

are not addressed in this document. EPA will act 

or has acted on those SIP revisions 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this section was withdrawn from EPA consideration 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 action. 

4See 42 U.S.C. 7410(l). 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act (PRA) 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Assistance Listing 

The Assistance Listing numbers and 

titles for this rule are 64.101, Burial 

Expenses Allowance for Veterans; 

64.102, Compensation for ServiceConnected Deaths for Veterans’ 

Dependents; 64.105, Pension to 

Veterans, Surviving Spouses, and 

Children; 64.109, Veterans 

Compensation for Service-Connected 

Disability; and 64.110, Veterans 

Dependency and Indemnity 

Compensation for Service-Connected 

Death. 

Congressional Review Act 

Pursuant to Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (known as the 

Congressional Review Act) (5 U.S.C. 801 

et seq.), the Office of Information and 

Regulatory Affairs designated this rule 

as not a major rule, as defined by 5 

U.S.C. 804(2). 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, and Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, signed and approved 

this document on August 24, 2023, and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Jeffrey M. Martin, 

Assistant Director, Office of Regulation Policy 

& Management, Office of General Counsel, 

Department of Veterans Affairs. 

PART 3—ADJUDICATION 

■ The interim final rule amending 38 

CFR part 3 which was published at 87 

FR 24421 on April 26, 2022, is adopted 

as final without change. 

[FR Doc. 2023–24195 Filed 11–2–23; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0391; FRL–11368– 

02–R4] 

Air Plan Approval; North Carolina; 

Revisions to Miscellaneous Particulate 

Matter Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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 

approving these changes pursuant to the 

Clean Air Act (CAA or Act). 

DATES: This rule is effective December 4, 

2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2022–0391. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be 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 and Radiation 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: 

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 approving 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 removal 

of 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

Through a notice of proposed 

rulemaking (NPRM) published on 

September 1, 2023 (88 FR 60424), EPA 

proposed to approve the April 13, 2021, 

submission. The details of North 

Carolina’s submission, which amends 

various air quality rules and removes 

Rule 02D .0536 from North Carolina’s 

SIP, as well as EPA’s rationale for 

approving the changes, are described in 

the September 1, 2023, NPRM. 

Comments on the September 1, 2023, 

NPRM were due on or before October 2, 

2023. No comments were received on 

the September 1, 2023, NPRM, adverse 

or otherwise. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, and as discussed in Section 

I of this preamble, EPA is finalizing the 

incorporation by reference of the 

following air quality rules under 15A 


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5As noted in the NPRM, EPA is not acting on the 

removal of the term ‘‘elsewhere’’ in Rule 02D 

.0506(e) because North Carolina withdrew the 

removal of this word from EPA consideration in a 

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

for this action. The term ‘‘elsewhere’’ is included 

in the August 1, 2004, state effective version of Rule 

02D .0506(e). The April 13, 2021, SIP submittal 

includes the August 1, 2004, version of the Rule 

with redline/strikeout changes showing the 

differences between the August 1, 2004, version of 

the rule and the November 1, 2020, version of the 

Rule. Therefore, to implement the State’s April 13, 

2021, SIP submittal, as amended by the withdrawal 

letter, EPA is incorporating by reference the version 

of the Rule state effective on November 1, 2020, 

except for the phrase ‘‘not covered’’ in paragraph 

.0506(e), and is incorporating by reference the 

phrase ‘‘not covered elsewhere’’ from the version of 

.0506(e) state effective on August 1, 2004. The 

resulting regulatory text in paragraph .0506(e) in the 

SIP reads, ‘‘Fugitive emissions for sources at a hot 

mix asphalt plant not covered elsewhere by this 

Rule shall not exceed 20 percent opacity averaged 

over six minutes.’’ 

6See 62 FR 27968 (May 22, 1997). 

NCAC Subchapter 02D, Air Pollution 

Control Requirements, state effective on 

November 1, 2020: 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; 5 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 finalizing the removal of 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). 

Therefore, the revised materials as 

stated above, have been approved by 

EPA for inclusion in the SIP, 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.6

III. Final Action 

EPA is approving the aforementioned 

changes to the North Carolina SIP. 

Specifically, EPA is finalizing the 

approval of the April 13, 2021, SIP 

revision which amends various air 

quality rules under 15A NCAC 02D, Air 

Pollution Control Requirements, and 

removes Rule 02D .0536 from North 

Carolina’s SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This action merely approves 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this 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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• 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 

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.’’ 

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 action. Due 

to the nature of the action being taken 

here, this 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 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, lowincome populations, and Indigenous 

peoples. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 2, 2024. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 


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for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: October 24, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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. In § 52.1770(c), amend ‘‘Table (1) 

EPA-Approved North Carolina 

Regulations’’ by: 

■ a. Under the heading ‘‘Section .0400 

Ambient Air Quality Standards’’, 

revising the entry for ‘‘Rule .0403’’; 

■ b. Under the heading ‘‘Section .0500 

Emission Control Standards’’, revising 

the entries for ‘‘Rule .0501’’, ‘‘Rule 

.0504’’, ‘‘Rule .0506’’, ‘‘Rule .0507’’, 

‘‘Rule .0508’’, ‘‘Rule .0509’’, ‘‘Rule 

.0510’’, ‘‘Rule .0511’’, ‘‘Rule .0513’’, 

‘‘Rule .0514’’, and ‘‘Rule .0515’’; and 

removing the entry for ‘‘Rule .0536’’. 

The revisions 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 

*******

Section .0400 Ambient Air Quality Standards 

*******

Rule .0403 .............. Total Suspended Particulates ... 11/1/2020 11/3/2023, [Insert citation of 

publication].

* * * * * * * 

Section .0500 Emission Control Standards 

Rule .0501 .............. Compliance with Emission Control Standards.11/1/2020 11/3/2023, [Insert citation of 

publication].

* * * * * * * 

Rule .0504 .............. Particulates from Wood Burning 

Indirect Heat Exchangers.

11/1/2020 11/3/2023, [Insert citation of 

publication].

* * * * * * * 

Rule .0506 .............. Particulates from Hot Mix Asphalt Plants.11/1/2020 11/3/2023, [Insert citation of 

publication].

Except that, in paragraph (e), 

the phrase ‘‘not covered’’ is 

replaced with the phrase ‘‘not 

covered elsewhere’’ from 

paragraph (e), with a state effective date of August 1, 

2004. 

Rule .0507 .............. Particulates from Chemical Fertilizer Manufacturing Plants.11/1/2020 11/3/2023, [Insert citation of 

publication].

Rule .0508 .............. Particulates from Pulp and 

Paper Mills.

11/1/2020 11/3/2023, [Insert citation of 

publication].

Rule .0509 .............. Particulates from Mica or Feldspar Processing Plants.11/1/2020 11/3/2023, [Insert citation of 

publication].

Rule .0510 .............. Particulates from Sand, Gravel, 

or Crushed Stone Operations.

11/1/2020 11/3/2023, [Insert citation of 

publication].

Rule .0511 .............. Particulates from Lightweight 

Aggregate Processes.

11/1/2020 11/3/2023, [Insert citation of 

publication].

* * * * * * * 

Rule .0513 .............. Particulates from Portland Cement Plants.11/1/2020 11/3/2023, [Insert citation of 

publication].

Rule .0514 .............. Particulates from Ferrous Jobbing Foundries.11/1/2020 11/3/2023, [Insert citation of 

publication].

Rule .0515 .............. Particulates from Miscellaneous 

Industrial Processes.

11/1/2020 11/3/2023, [Insert citation of 

publication].


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(1) EPA-APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

* * * * * 

[FR Doc. 2023–24033 Filed 11–2–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0507; FRL–11517–01– 

OCSPP] 

Extension of Tolerances for 

Emergency Exemptions; Multiple 

Chemicals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation extends timelimited tolerances for residues of 

clothianidin, kasugamycin, methyl 

bromide, and triclopyr in or on various 

commodities as identified in this 

document. These actions are in response 

to EPA’s granting of emergency 

exemptions under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of these pesticides. In addition, the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA) requires EPA to establish a 

time-limited tolerance or exemption 

from the requirement for a tolerance for 

pesticide chemical residues in food that 

will result from the use of a pesticide 

under an emergency exemption granted 

by EPA under FIFRA. Additionally, EPA 

is removing time-limited tolerances for 

residues of flupyradifurone in or on 

sugar cane and sweet sorghum 

commodities. 

DATES: This regulation is effective 

November 3, 2023. Objections and 

requests for hearings must be received 

on or before January 2, 2024 and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0507, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2023–0507 in the subject line on 

the first page of your submission. All 

requests must be in writing and must be 

received by the Hearing Clerk on or 

before January 2, 2024. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2023–0507, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

EPA previously published final rules 

establishing time-limited tolerances in 

the Federal Register for the chemicals 

and commodities listed below under 

FFDCA section 408, 21 U.S.C. 346a. 

EPA established the tolerances because 

FFDCA section 408(l)(6) requires EPA to 

establish a time-limited tolerance or 

exemption from the requirement for a 

tolerance for pesticide chemical 

residues in food that will result from the 

use of a pesticide under an emergency 

exemption granted by EPA under FIFRA 

section 18. Such tolerances can be 


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