[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Rules and Regulations]
[Pages 86755-86758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25392]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0466; FRL-12179-02-R4]


Air Plan Approval; Forsyth County, North Carolina; Removal of 
Excess Emissions Provisions

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 North Carolina 
Division of Air Quality (NCDAQ) on behalf of the Forsyth County Office 
of Environmental Assistance and Protection (FCEAP or Forsyth County) on 
November 28, 2022. The revision was submitted in response to a finding 
of substantial inadequacy and SIP call published on June 12, 2015, 
concerning excess emissions during startup, shutdown, and malfunction 
(SSM) events. EPA is approving the SIP revision in accordance with 
requirements for SIP provisions under the Clean Air Act (CAA or Act) 
and finds that such SIP revision corrects the deficiencies identified 
in the Forsyth County portion of the North Carolina SIP in the June 12, 
2015, SIP Call. EPA is also approving minor and administrative changes 
to certain regulatory provisions that have been revised by the local 
agency since EPA's last approval of those provisions.

DATES: This rule is effective December 2, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2023-0466. 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 Multi-Air Pollutant Coordination

[[Page 86756]]

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 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: Faith Goddard, 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, Georgia 30303-8960. The telephone number is 
(404) 562-8757. Ms. Goddard can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#77101813131605135911161e031f3712071659101801"><span class="__cf_email__" data-cfemail="5c3b3338383d2e38723a3d3528341c392c3d723b332a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    In a September 12, 2024, notice of proposed rulemaking (NPRM), EPA 
proposed to approve the November 28, 2022, SIP revision submitted by 
NCDAQ on behalf of Forsyth County in response to a June 12, 2015, 
action titled ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to 
SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend 
Provisions Applying to Excess Emissions During Periods of Startup, 
Shutdown, and Malfunction'' (``2015 SSM SIP Action''). See 80 FR 33840 
(June 12, 2015). EPA's rationale for the proposed approval and 
determination is explained in the September 12, 2024, NPRM.\1\ See 89 
FR 74171. The public comment period for EPA's proposed approval and 
determination ended on October 3, 2024. EPA received one comment on the 
September 12, 2024, NPRM, but the comment is not relevant to this 
action. The comment is available in the docket for this action.
---------------------------------------------------------------------------

    \1\ As discussed in the September 12, 2024, NPRM, the November 
28, 2022, submission contains a revised cross-reference to source 
testing requirements not approved into the Forsyth County portion of 
the North Carolina SIP. EPA is not acting on that change in this 
rulemaking. On September 27, 2024, in a letter dated September 26, 
2024, NCDAQ on behalf of FCEAP withdrew the portion of the November 
28, 2022, SIP revision updating the aforementioned cross-reference 
and requested that the existing SIP-approved source testing 
requirements cross-reference be retained instead. See the September 
26, 2024, partial withdrawal letter in the docket for this 
rulemaking.
---------------------------------------------------------------------------

II. 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 Forsyth County Air Quality Control 
Ordinance and Technical Code Subchapter 3D, Section .0500, Rule 3D 
.0535, Excess Emissions Reporting and Malfunctions, locally effective 
July 14, 2022, with the following exceptions: EPA is not incorporating 
the last sentence of Rule 3D .0535(f), locally effective July 14, 
2022,\2\ and in Rule 3D .0535(c) and (g) is incorporating only the 
statements that each paragraph ``is not included in Forsyth County's 
portion of the State Implementation Plan.'' \3\ 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 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.\4\
---------------------------------------------------------------------------

    \2\ In lieu of the July 14, 2022, locally effective version of 
the last sentence of Rule 3D .0535(f), EPA is retaining the 
September 14, 1998, locally effective version of the sentence, 
consistent with EPA's last approval on February 17, 2000. See 65 FR 
8053. In this final action, the Agency is updating the SIP table at 
40 CFR 52.1770(c) to reflect the retention of the September 14, 
1998, version of the aforementioned sentence.
    \3\ Additionally, the existing substantive text of Rule 3D 
.0535(c) and (g) is being removed from the Forsyth County portion of 
the North Carolina SIP. With this final action, the SIP-approved 
version of Rule 3D .0535(c) reads, ``(Paragraph (c) is not included 
in Forsyth County's portion of the State Implementation Plan.),'' 
and the SIP-approved version of .0535(g) reads, ``(Paragraph (g) is 
not included in Forsyth County's portion of the State Implementation 
Plan.).'' In this final action, the Agency is updating the SIP table 
at 40 CFR 52.1770(c) accordingly.
    \4\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is approving Forsyth County's November 28, 2022, SIP submission 
requesting changes to Rule 3D .0535, Excess Emissions Reporting and 
Malfunctions, except for the change to the cross-referenced rule in 
Rule 3D .0535(f), into the Forsyth County portion of the North Carolina 
SIP. Specifically, EPA is approving the removal of the substantive text 
of Rule 3D .0535(c) and (g) from the Forsyth County portion of the 
North Carolina SIP, the addition of statements clarifying that Rule 3D 
.0535(c) and (g) are not included in the Forsyth County portion of the 
North Carolina SIP,\5\ and is otherwise approving the revised version 
of Rule 3D .0535 into the Forsyth County portion of the North Carolina 
SIP,\6\ except for the last sentence of Rule 3D .0535(f), which 
contains a revised cross-reference that EPA is not acting on at this 
time. See 89 FR 74171. EPA is approving this SIP revision because the 
Agency has determined that it is consistent with the requirements for 
SIP provisions under the CAA.
---------------------------------------------------------------------------

    \5\ Forsyth County is retaining the substantive text of Rule 3D 
.0535(c) and (g) for local-law purposes only. With this final 
action, emission limits incorporated into the Forsyth County portion 
of the North Carolina SIP apply at all times, and exemptions for 
emissions exceeding otherwise applicable SIP emission limitations 
during periods of SSM, as provided in the substantive text of Rule 
3D .0535(c) and (g), apply to Forsyth County in its exercise of 
enforcement authority for local-law purposes only. Therefore, with 
this final action, citizens and EPA can seek injunctive relief or 
civil penalties for excess emissions.
    \6\ In this final action, EPA is also approving, as part of the 
November 28, 2022, SIP revision, certain changes to malfunction 
abatement plan, notification, and source testing requirements, as 
well as non-substantive administrative changes to the remaining Rule 
3D .0535 regulatory text, as discussed in the September 12, 2024, 
NPRM.
---------------------------------------------------------------------------

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 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);

[[Page 86757]]

    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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 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.''
    The FCEAP 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 30, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 28, 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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart II--North Carolina

0
2. In Sec.  52.1770, in paragraph (c)(2), amend table EPA-Approved 
Forsyth County Regulations by revising the entry for ``Rule .0535'' to 
read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                   (2) EPA-Approved Forsyth County Regulations
----------------------------------------------------------------------------------------------------------------
                                                     County
           Citation               Title/subject    effective     EPA approval              Explanation
                                                      date           date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Rule .0535....................  Excess Emissions    7/14/2022  10/31/2024,       Except for the last sentence of
                                 Reporting and                  [Insert first     paragraph (f), which is
                                 Malfunctions.                  page of Federal   retained with a local
                                                                Register          effective date of September
                                                                citation].        14, 1998. Except for language
                                                                                  providing exemptions for
                                                                                  emissions exceeding otherwise
                                                                                  applicable SIP emission
                                                                                  limitations during startup and
                                                                                  shutdown at paragraph (c) and
                                                                                  malfunctions at paragraph (g);
                                                                                  paragraph (c) reads only,
                                                                                  ``(Paragraph (c) is not
                                                                                  included in Forsyth County's
                                                                                  portion of the State
                                                                                  Implementation Plan.)'' and
                                                                                  paragraph (g) reads only,
                                                                                  ``(Paragraph (g) is not
                                                                                  included in Forsyth County's
                                                                                  portion of the State
                                                                                  Implementation Plan.).''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 86758]]

* * * * *
[FR Doc. 2024-25392 Filed 10-30-24; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>