Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations 76737 

1See 84 FR 23725, 85 FR 43461, and 86 FR 

11875. 

2The revisions were submitted by the North 

Carolina Division of Air Quality in submissions 

dated March 24, 2006, and July 10, 2019. 

3CAA sections 110(a)(1) and (2) also require each 

SIP submitted by a State to undergo reasonable 

public notice and hearing. 

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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: September 12, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 DD—Nevada 

■ 2. In § 52.1470, in paragraph (c), table 

7 is amended by revising the entry for 

‘‘040.051’’ to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 7—EPA-APPROVED WASHOE COUNTY REGULATIONS

District citation Title/subject 

District 

effective 

date 

EPA approval date Additional 

explanation 

*******

040.051 .............................. Wood-Burning Devices ..... 7/1/2022 [INSERT FIRST PAGE OF FEDERAL 

REGISTER CITATION], 9/19/2024.

Submitted on 10/4/2022. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–21218 Filed 9–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0454; EPA–R04– 

OAR–2019–0638; EPA–R04–OAR–2020– 

0186; FRL–11971–02–R4] 

Air Plan Approval; North Carolina; 

Permitting Provisions Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting the 

erroneous incorporation of crossreferences into the North Carolina State 

Implementation Plan (SIP) using the 

Clean Air Act (CAA or Act) error 

correction provision. EPA has 

determined that portions of its May 23, 

2019, July 17, 2020, and March 1, 2021, 

final SIP rulemaking actions were in 

error and that it is appropriate to correct 

those actions by removing specific 

cross-references in the permitting rules 

from the SIP. 

DATES: This rule is effective October 21, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0454. Additional supporting 

materials associated with this final 

action are included in Docket Nos. 

EPA–R04–OAR–2019–0638 and EPA– 

R04–OAR–2020–0186. All documents in 

the docket are listed on the 

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: 

Steve Scofield, Multi-Air Pollutant 

Coordination Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9034. Mr. Scofield can also be 

reached via electronic mail at 

scofield.steve@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 23, 2019, July 17, 2020, and 

March 1, 2021,1 EPA approved revisions 

to 15A North Carolina Administrative 

Code (NCAC) 02Q .0101, 02Q .0103, and 

02Q .0301 into the North Carolina SIP.2

These revisions included crossreferences to North Carolina General 

Statutes (G.S.) 143–215.108 and 143– 

215.108A; however, these crossreferenced provisions were not 

incorporated into the SIP. EPA has 

determined these prior approvals of the 

cross-referenced provisions were in 

error and is finalizing removal of these 

cross-references from 15A NCAC 

02Q.0101, 02Q.0103 and 02Q.0301 of 

the SIP. Because the cross-referenced 

provisions are not incorporated into the 

SIP, changes to those provisions could 

change the SIP without the submission 

of a SIP revision and subsequent EPA 

action to approve such a change, which 

is inconsistent with the CAA. 

Specifically, CAA section 110(l) 

requires each SIP revision submitted by 

a State to undergo reasonable public 

notice and hearing and prevents EPA 

from approving a SIP revision that 

would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement of the CAA.3


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76738 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations 

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

Changes to the statutory provisions 

cross-referenced in the SIP could change 

the SIP without fulfilling public notice 

and hearing requirements and without 

EPA evaluation of the revision pursuant 

to the requirements of section 7410(l) 

and any other CAA requirements 

applicable to the specific SIP provision 

at issue. 

Section 110(k)(6) of the CAA 

authorizes EPA to revise a State’s SIP 

when it ‘‘determines that [its] action 

approving, disapproving, or 

promulgating any plan or plan revision 

(or part thereof) . . . was in error.’’ 

Once EPA has made the determination 

that it erred, it ‘‘may in the same 

manner as the approval, disapproval, or 

promulgation revise such action as 

appropriate without requiring any 

further submission from the State.’’ Ala. 

Envtl. Council v. EPA, 711 F.3d 1277, 

1286 (11th Cir. 2013). This 

determination and the basis for it must 

be provided to the State and the public. 

Section 110(k)(6) of the CAA has been 

interpreted by courts as a ‘‘broad 

provision [that] was enacted to provide 

the EPA with an avenue to correct its 

own erroneous actions and grant the 

EPA the discretion to decide when to 

act pursuant to the provision.’’ Miss. 

Comm’n on Envtl. Quality v. EPA, 790 

F.3d 138, 150 (D.C. Cir. 2015). EPA can 

take action under section 110(k)(6) to 

correct an error only if the error existed 

at the time the SIP was originally 

approved. See Texas v. EPA, 726 F.3d 

180, 204 (D.C. Cir. 2013) (Kavanaugh, J., 

dissenting). 

Through a notice of proposed 

rulemaking (NPRM) published on May 

28, 2024 (89 FR 46049), EPA proposed 

to correct the erroneous incorporation of 

certain cross-references into 15A NCAC 

02Q Section .0101, Required Air Quality 

Permits; .0103, Definitions; and .0301, 

Applicability of the North Carolina SIP. 

EPA’s rationale for removing the cross 

references is described in the May 28, 

2024, NPRM. Comments on the May 28, 

2024, NPRM were due on or before June 

27, 2024. One comment was received on 

the NPRM and is addressed below. 

II. Response to Comments 

EPA received one comment from the 

North Carolina Department of 

Environmental Quality (NCDEQ)’s 

Division of Air Quality (DAQ), regarding 

the May 28, 2024, NPRM. The comment 

is provided in the docket for this final 

action. EPA has summarized and 

responded to the comment below. 

Comment: North Carolina DAQ (NC 

DAQ) supports EPA’s proposal and 

‘‘recommends that the EPA proceed 

with its error correction regarding its 

prior approvals of the phrases 

referencing the North Carolina General 

Statutes.’’ The commenter further 

suggests that EPA also correct the first 

line of 15A NCAC 02Q .0103 by 

removing references to G.S. 143–212 

and G.S. 143–213. 

Response: EPA acknowledges NC 

DAQ’s suggestion and will consider 

future action(s) to address the first line 

of 15A NCAC 02Q .0103 and other 

instances where there are cross 

references to statutory or regulatory 

provisions that are outside the SIP. 

III. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, and as discussed in section I of 

this preamble, EPA is finalizing the 

incorporation by reference of 15A NCAC 

Section 02Q Rule .0101, Required Air 

Quality Permits, except for the phrase 

‘‘With the exception allowed by G.S. 

143–215.108A’’ in paragraph (b); Rule 

.0103, Definitions, except for the phrase 

‘‘pursuant to G.S. 143–215.108’’ in 

subparagraph (9)(d); and Rule .0301, 

Applicability, except for the phrase ‘‘or 

as allowed pursuant G.S. 143– 

215.108A’’ in paragraph (a), all stateeffective April 1, 2018. 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 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 

Pursuant to the error correction 

provision of section 110(k)(6) of the 

CAA, EPA is finalizing the removal of 

portions of 15A NCAC Section 02Q 

.0101, Required Air Quality Permits, 

Section 02Q .0103, Definitions, and 

Section 02Q .0301, Applicability, with 

the cross-references to North Carolina 

General Statutes as discussed above 

because the inclusion of these crossreferences in the SIP is inconsistent 

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 

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 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 rulemaking 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 


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Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations 76739 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. EPA defines 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.’’ 

EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

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 communities with EJ 

concerns. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 18, 

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 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, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: September 11, 2024. 

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, amend table in 

paragraph (c)(1) by revising the entries 

for ‘‘Rule .0101’’, ‘‘Rule .0103’’, and 

‘‘Rule .0301’’ 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 02Q Air Quality Permits 

Section .0100 General Provisions 

Rule .0101 ........................ Required Air Quality Permits.4/1/2018 9/19/2024, [Insert first 

page of Federal Register citation].

Except for the phrase ‘‘With the exception 

allowed by G.S. 143–215.108A’’ in 

paragraph (b). 

* * * * * * * 

Rule .0103 ........................ Definitions ........................ 4/1/2018 9/19/2024, [Insert first 

page of Federal Register citation].

Except for the phrase ‘‘pursuant to G.S. 

143–215.108’’ in subparagraph (9)(d). 

* * * * * * * 

Section .0300 Construction and Operating Permits 

Rule .0301 ........................ Applicability ...................... 4/1/2018 9/19/2024, [Insert first 

page of Federal Register citation].

Except for the phrase ‘‘or as allowed pursuant to G.S. 143–215.108A’’ in paragraph (a). 

* * * * * * * 

* * * * * 

[FR Doc. 2024–21006 Filed 9–18–24; 8:45 am] 

BILLING CODE 6560–50–P 


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