[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28789-28795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13356]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0501; FRL-9979-79--Region 4]
Air Plan Approval; North Carolina: New Source Review for Fine
Particulate Matter (PM2.5)
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve changes to the North Carolina State Implementation Plan (SIP),
submitted by the North Carolina Department of Environmental Quality (NC
DEQ) through the Division of Air Quality (DAQ), to EPA on October 17,
2017. This SIP submittal modifies North Carolina's Prevention of
Significant Deterioration (PSD) regulations and includes the adoption
of specific federal provisions needed to meet the New Source Review
(NSR) permitting program requirements for the fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS). In
addition, North Carolina's October 17, 2017, SIP submittal addresses
portions of the PSD requirements for the infrastructure SIPs for the
following NAAQS: 1997 Annual and 24-hour PM2.5, 2006 24-hour
PM2.5, 2008 lead, 2008 8-hour ozone, 2010 sulfur dioxide
(SO2), 2010 nitrogen dioxide (NO2) and 2012
Annual PM2.5. As a result of this proposed approval of North
Carolina's modified PSD regulations, EPA is also proposing to approve
North Carolina's submittal with respect to the related PSD
infrastructure SIP requirements for these NAAQS. As discussed in this
notice, EPA previously disapproved portions of earlier submittals from
North Carolina that were intended to meet
[[Page 28790]]
these requirements. These proposed approvals, if finalized, will remove
EPA's obligation to promulgate a Federal Implementation Plans (FIP) to
meet the relevant Clean Air Act (CAA or Act) requirements.
DATES: Comments must be received on or before July 23, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0501 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Joel Huey of the Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. Mr. Huey can be reached by telephone at
(404) 562-9104 or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is proposing?
II. Fine Particulate Matter and the NAAQS
III. What is the background for these proposed actions?
A. Requirements of the 2010 PSD PM2.5 Rule for PSD
SIP Programs
B. Requirements for Infrastructure SIPs
C. EPA's Previous Action on North Carolina's SIP Submittal
Related to the 2010 PSD PM2.5 Rule
D. EPA's Previous Action on North Carolina's SIP Submittals
Related to Infrastructure SIP PSD Elements
IV. What is EPA's analysis of North Carolina's October 17, 2017, SIP
submittal for PSD?
V. What is EPA's analysis of North Carolina's October 17, 2017, SIP
submittal for the infrastructure SIP PSD elements?
VI. Incorporation by Reference
VII. Proposed Actions
VIII. Statutory and Executive Order Reviews
I. What are the actions EPA is proposing?
EPA is proposing two actions with regard to North Carolina's SIP
submittal updating the State's PSD regulations found at 15A North
Carolina Administrative Code (NCAC) 02D .0530.\1\ First, EPA is
proposing to approve North Carolina's October 17, 2017, SIP submittal
with regard to changes to the State's regulation at 15A NCAC 02D .0530
because EPA has preliminarily determined that the State's changes fully
meet the requirements of EPA's rulemaking, ``Prevention of Significant
Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC),'' Final Rule, 75 FR 64864
(October 20, 2010) (hereafter referred to as the ``2010 PSD
PM2.5 Rule'').
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\1\ North Carolina's preconstruction permitting program for new
and modified stationary sources is codified at 15A NCAC Subchapter
02D. Specifically, North Carolina's PSD preconstruction regulations
are found at 15A NCAC 02D .0530 and apply to major stationary
sources or modifications constructed in areas designated attainment
or unclassifiable for the NAAQS, as required under part C of title I
of the CAA. North Carolina's nonattainment new source review (NNSR)
regulations are found at 15A NCAC 02D .0531 and apply to the
construction and modification of any major stationary source of air
pollution located in or impacting a NAAQS nonattainment area, as
required by part D of title I of the CAA. This proposed action does
not relate to North Carolina's NNSR regulations, which are already
fully approved into North Carolina's SIP.
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Second, as a result of the proposed approval of North Carolina's
October 17, 2017, SIP submittal for these PSD requirements, EPA is
proposing to approve this submittal for portions of the infrastructure
SIP PSD elements for the following NAAQS: 1997 Annual and 24-hour
PM2.5, 2006 24-hour PM2.5, 2008 lead, 2008 8-hour
ozone, 2010 SO2, 2010 NO2 and 2012 Annual
PM2.5.2 3
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\2\ North Carolina's October 17, 2017, SIP submittal requested
approval of the PSD infrastructure SIPs for the 2008 lead, 2008 8-
hour ozone, 2010 SO2, 2010 NO2 and the 2012
PM2.5 NAAQS. On April 16, 2018, the State submitted a
letter to EPA clarifying that the same submittal is intended to
satisfy the PSD elements of the State's infrastructure SIP
submittals for the 1997 and 2006 PM2.5 NAAQS as well.
\3\ The background for various NAAQS is provided in EPA's
proposed and final rulemaking entitled ``Air Plan Approval and
Disapproval; North Carolina: New Source Review for Fine Particulate
Matter (PM2.5).'' See 81 FR 28797 (May 10, 2016) and 81
FR 63107 (September 14, 2016).
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II. Fine Particulate Matter and the NAAQS
As described in EPA's May 10, 2016 (81 FR 28801), proposal action
to partially approve and partially disapprove revisions to North
Carolina's SIP with regard to the State's NSR permitting regulations
for PM2.5, ``particulate matter,'' also known as particle
pollution or PM, is a complex mixture of extremely small particles and
liquid droplets that can affect the heart and lungs and cause serious
health effects. EPA currently regulates PM according to two size
categories: PM10, which comprises all particles smaller than
or equal to 10 micrometers in diameter and includes ``inhalable coarse
particles,'' and PM2.5, also known as ``fine particles,''
which comprises all particles smaller than or equal to 2.5 micrometers
in diameter.
The CAA requires EPA to set air quality standards to protect both
public health and the public welfare (e.g., visibility, crops and
vegetation). Particle pollution, especially fine particles, affects
both. The human health effects associated with long- or short-term
exposure to PM2.5 are significant and include premature
mortality, aggravation of respiratory and cardiovascular disease (as
indicated by increased hospital admissions and emergency room visits)
and development of chronic respiratory disease. In addition, welfare
effects associated with elevated PM2.5 levels include
visibility impairment as well as effects on sensitive ecosystems,
materials damage and soiling and climatic and radiative processes.
Since July 1, 1987, EPA had used PM10 as an indicator
for the PM NAAQS. See 52 FR 24634. On July 18, 1997, EPA amended the PM
NAAQS by adding new standards that focus on fine particles, using
PM2.5 as the indicator. See 62 FR 38652. EPA established
health-based (primary) annual and 24-hour standards for
PM2.5, setting the annual standard at a level of 15
micrograms per cubic meter ([mu]g/m\3\) and the 24-hour standard at a
level of 65 [mu]g/m\3\ (the ``1997 Annual and 24-hour PM2.5
NAAQS''). EPA established welfare-based (secondary) standards identical
to the primary standards. Id. On October 17, 2006, EPA revised the
primary and secondary NAAQS for PM2.5. See 71 FR 61236. In
that rulemaking, EPA reduced the 24-hour NAAQS for PM2.5 to
35 [mu]g/m\3\ (the ``2006 24-hour PM2.5 NAAQS'') and
retained the existing annual PM2.5 NAAQS of 15 [mu]g/m\3\.
Id. On January 15, 2013, EPA revised the primary NAAQS but not the
secondary NAAQS for PM2.5. See 78 FR 3086. In that
rulemaking, EPA reduced the annual NAAQS for PM2.5 to 12
[mu]g/m\3\ (the ``2012 Annual PM2.5
[[Page 28791]]
NAAQS'' \4\) and retained the existing 24-hour PM2.5 NAAQS
of 35 [mu]g/m\3\.
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\4\ Signed by the EPA Administrator on December 14, 2012.
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III. What is the background for these proposed actions?
A. Requirements of the 2010 PSD PM2.5 Rule for PSD SIP Programs
As established in part C of title I of the CAA, EPA's PSD program
protects public health and welfare from adverse effects of air
pollution by ensuring that construction of new major sources or
modifications in attainment or unclassifiable areas does not lead to
significant deterioration of air quality while simultaneously ensuring
that economic growth will occur in a manner consistent with
preservation of clean air resources. Under section 165(a)(3) of the
CAA, a PSD permit applicant must demonstrate that emissions from the
proposed construction and operation of a facility ``will not cause, or
contribute to, air pollution in excess of any maximum allowable
increase or allowable concentration for any pollutant.'' In other
words, when a source applies for a permit to emit a regulated air
pollutant in an area that is designated as attainment or unclassifiable
for a NAAQS, the state and EPA must determine if the source's emissions
of that pollutant will cause significant deterioration in air quality.
Significant deterioration occurs when the amount of the new pollution
exceeds the applicable PSD increment, which is the ``maximum allowable
increase'' of an air pollutant allowed to occur above the applicable
baseline concentration \5\ for that pollutant. Therefore, an increment
is the mechanism used to estimate ``significant deterioration'' of air
quality for a pollutant in an area.
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\5\ Section 169(4) of the CAA provides that the baseline
concentration of a pollutant for a particular baseline area is
generally the ambient concentration levels which exist at the time
of the first application for a PSD permit in the area after the
applicable baseline date.
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EPA finalized the 2010 PSD PM2.5 Rule to provide
additional regulatory requirements under the PSD SIP program regarding
the implementation of the PM2.5 NAAQS. See 75 FR 64864. The
2010 PSD PM2.5 Rule required states to submit SIP revisions
to EPA by July 20, 2012, adopting provisions equivalent to or at least
as stringent as the PSD increments and associated implementing
regulations. Specifically, the 2010 PSD PM2.5 Rule requires
states to adopt and submit for EPA approval into their SIP the
numerical PM2.5 increments promulgated pursuant to section
166(a) of the CAA to prevent significant deterioration of air quality
in areas meeting the NAAQS. States are also required to adopt and
submit for EPA approval revisions to the definitions for ``major source
baseline date,'' ``minor source baseline date,'' and ``baseline area''
as part of the implementing regulations for the PM2.5
increment.
For purposes of calculating increment consumption, a baseline area
for a particular pollutant includes the attainment or unclassifiable
area in which the source is located and any other attainment or
unclassifiable area in which the source's emissions of that pollutant
are projected (by air quality modeling) to result in a significant
ambient pollutant increase. See 40 CFR 51.166(b)(15)(i). Once the
baseline area is established, subsequent PSD sources locating in that
area need to consider that a portion of the available increment may
have already been consumed by previous emission increases.
In general, the submittal date of the first complete PSD permit
application in a particular area is the operative ``baseline date,''
after which new sources must evaluate increment consumption.\6\ On or
before the date of the first complete PSD application, existing ambient
concentration levels of a pollutant generally are considered to
represent the baseline concentration from which increment consumption
is calculated, except for certain changes in ambient concentration
levels caused by emission changes from construction at major stationary
sources. Increases in ambient concentration levels caused by emission
increases that occur after the baseline date will be counted toward the
amount of increment consumed. Similarly, decreases in ambient
concentration levels caused by emission decreases that occur after the
applicable baseline date either restore or expand the amount of
increment available.
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\6\ Baseline dates are pollutant-specific. That is, a complete
PSD application establishes the baseline dates only for those
regulated NSR pollutants that are projected to be emitted in
significant amounts (as defined in the regulations) by the
applicant's new source or modification. Thus, an area may have
different baseline dates for different pollutants.
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In practice, three dates related to the PSD baseline concept are
important in understanding how to calculate the amount of increment
consumed--(1) trigger date; (2) major source baseline date; and (3)
minor source baseline date. The trigger date, as the name implies, is a
fixed date that initiates the overall increment consumption process
nationwide. See 40 CFR 51.166(b)(14)(ii). The ``major source baseline
date'' and the ``minor source baseline date'' are necessary to properly
account for the increment-affecting emissions occurring after the
trigger date, in accordance with the statutory definition of ``baseline
concentration'' in section 169(4) of the Act. The ``major source
baseline date,'' which precedes the trigger date, is the date after
which actual changes in emissions associated with construction at any
major stationary source affect the PSD increment. Ambient concentration
levels associated with such changes in emissions are not included in
the baseline concentration, even if the changes in emissions occur
before the minor source baseline date. In accordance with the statutory
definition of ``baseline concentration'' at section 169(4), the PSD
regulations define a fixed date, related to the increments that EPA
established for a particular pollutant, to represent the major source
baseline date for that pollutant. The ``minor source baseline date,''
which is also pollutant-specific, is the earliest date after the
trigger date on which a source or modification submits the first
complete application for a PSD permit in a particular area. This is the
date on which the baseline concentration associated with a particular
increment generally is established. After the minor source baseline
date, any ambient concentration level changes caused by a change in
actual emissions (from both major and minor sources) affects the PSD
increment for that area.
Once the minor source baseline date is established, the ambient
pollutant concentration level increase caused by a proposed emission
increase from the major source submitting the first PSD application
consumes a portion of the increment in that area, as do any subsequent
ambient concentration level increases caused by actual emission
increases that occur from any new or existing source in the area. When
the maximum pollutant concentration increase defined by the increment
has been reached, additional PSD permits cannot be issued until
sufficient amounts of the affected increment are ``freed up'' via
emission reductions of the pollutant that may occur voluntarily (e.g.,
via source shutdowns) or by mandatory control requirements imposed by
the reviewing authority. Moreover, the overall air quality for a
pollutant in a region cannot be allowed to deteriorate to a level in
excess of the applicable NAAQS, even if all the increment in the area
has not been consumed. Therefore, new or modified sources located in
areas where the ambient pollutant concentration levels are near the
level allowed by the NAAQS may not have full use of the
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amount of ambient concentration increase allowed by the increment.
In the 2010 PSD PM2.5 Rule, pursuant to the authority
under section 166(a) of the CAA, EPA promulgated numerical increments
for PM2.5 as a new pollutant \7\ for which NAAQS were
established after August 7, 1977,\8\ and derived 24-hour and annual
PM2.5 increments for the three area classifications (Class
I, II and III). See 75 FR 64869 and the ambient air increment table at
40 CFR 51.166(c)(1). EPA also established the PM2.5
``trigger date'' as October 20, 2011 (40 CFR 51.166(b)(14)(ii)(c)), and
the PM2.5 ``major source baseline date'' as October 20, 2010
(40 CFR 51.166(b)(14)(i)). See 75 FR 64903. Finally, EPA amended the
term ``baseline area'' at 40 CFR 51.166(b)(15)(i) to include a level of
significance of 0.3 [mu]g/m\3\, annual average, for establishing a new
baseline area for purposes of PM2.5 increments. Id.
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\7\ EPA generally characterized the PM2.5 NAAQS as a
NAAQS for a new indicator of PM. EPA did not replace the
PM10 NAAQS with the NAAQS for PM2.5 when the
PM2.5 NAAQS were promulgated in 1997. EPA rather retained
the Annual and 24-hour NAAQS for PM10 (retaining
PM10 as an indicator of coarse particulate matter) and
treated PM2.5 as a new pollutant for purposes of
developing increments. See 75 FR at 64864.
\8\ EPA interprets section 166(a) to authorize EPA to promulgate
pollutant-specific PSD regulations meeting the requirements of
section 166(c) and 166(d) for any pollutant for which EPA
promulgates a NAAQS after 1977.
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On May 16, 2008 (73 FR 28321), EPA finalized the ``Implementation
of the New Source Review (NSR) Program for Particulate Matter Less Than
2.5 Micrometers (PM2.5)'' (hereafter referred to as the
``2008 NSR PM2.5 Rule'') to implement the 1997
PM2.5 NAAQS for the NSR permitting program. The 2008 NSR
PM2.5 Implementation Rule revised the federal NSR program
requirements to establish the framework for implementing
preconstruction permit review for the PM2.5 NAAQS in both
attainment and nonattainment areas. Among other things, the 2008 NSR
PM2.5 Rule directed states to incorporate into their SIPs
the requirement for applicability determinations and emission limits in
PSD and NNSR permits to account for gases that condense to form
particles (condensable PM).
B. Requirements for Infrastructure SIPs
By statute, states are required to have SIPs that provide for the
implementation, maintenance, and enforcement of the NAAQS. States are
further required to provide a SIP submittal meeting the applicable
requirements of sections 110(a)(1) and (2) within three years after EPA
promulgates a new or revised NAAQS.\9\ EPA has historically referred to
this type of submission as an ``infrastructure SIP.'' Sections
110(a)(1) and (2) require states to submit infrastructure SIPs that
address basic program elements, such as air quality planning,
permitting, and enforcement requirements and legal authority, that are
designed to assure attainment and maintenance of the newly established
or revised NAAQS. More specifically, section 110(a)(1) provides the
procedural and timing requirements for infrastructure SIP submittals.
Section 110(a)(2) lists specific elements that states must meet to
satisfy the infrastructure SIP requirements related to a newly
established or revised NAAQS. The contents of an infrastructure SIP
submittal may vary depending upon the data and analytical tools
available to the state, as well as the provisions already contained in
the state's existing EPA approved SIP at the time when the state
develops and submits the infrastructure SIP submittal for a new or
revised NAAQS.
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\9\ See EPA's proposed approval of North Carolina's December 4,
2015, infrastructure SIP submittal for the 2012 PM2.5
NAAQS for a discussion on EPA's general approach to reviewing
infrastructure SIPs. 81 FR 47314, 47316-18, July 21, 2016.
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This action pertains to certain PSD-related infrastructure SIP
requirements of section 110(a)(2)(C), 110(a)(2)(D)(i)(II) and
110(a)(2)(J), which are relevant in the context of a state's
development of, and EPA's evaluation of, infrastructure SIP submittals.
With the exception of these PSD-related requirements of section
110(a)(2) of the CAA, EPA has already approved or will consider in
separate actions all other elements of North Carolina's infrastructure
SIP submittals related to the 1997 Annual and 24-hour PM2.5,
2006 24-hour PM2.5, 2008 lead, 2008 8-hour ozone, 2010
SO2, 2010 NO2, and 2012 Annual PM2.5
NAAQS.
C. EPA's Previous Action on North Carolina's SIP Submittal Related to
the 2010 PSD PM2.5 Rule
On September 5, 2013, DAQ submitted a SIP revision in response to
EPA's 2010 PSD PM2.5 Rule. On September 14, 2016 (81 FR
63107), EPA disapproved the portions of that submittal that pertain to
the adoption and implementation of the PM2.5 increments
because the revision did not fully meet the requirements of the 2010
PSD PM2.5 Rule. This action addresses only those portions of
North Carolina's NSR SIP submittals and various infrastructure SIP
submittals that EPA disapproved in the September 14, 2016, final
action.\10\ Specifically, although paragraphs (e), (q) and (v) of North
Carolina's revised PSD regulations at 15A NCAC 02D .0530 incorporated
the federally-required numerical PM2.5 increments, North
Carolina's regulations failed to include other federally-required
provisions needed to implement the PM2.5 increments,
including (1) the definition of ``[m]ajor source baseline date'' for
PM2.5 codified at 40 CFR 51.166(b)(14)(i)(c) (defined as
October 20, 2010); (2) the definition of ``[m]inor source baseline
date'' for PM2.5 codified at 40 CFR 51.166(b)(14)(ii)(c)
(which establishes the PM2.5 trigger date as October 20,
2011); and (3) the definition of ``[b]aseline area'' codified at 40 CFR
51.166(b)(15)(i). Without these definitions, North Carolina's PSD
regulations did not require PSD sources to conduct the appropriate
analyses demonstrating that emissions from proposed construction of new
major stationary sources or major modifications will not cause or
contribute to air quality deterioration beyond the amount allowed by
the PM2.5 increments. Therefore, EPA disapproved all of the
PM2.5 increment provisions set forth in North Carolina's
September 5, 2013, SIP submittal, including all of the
PM2.5-related changes to 15A NCAC 02D .0530 at paragraphs
(e), (q), and (v). Id. Under section 110(c)(1)(B), these disapprovals
started a two-year clock for EPA to promulgate a FIP to address the PSD
PM2.5 program deficiencies.
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\10\ EPA's September 14, 2016, action approved the following
portions of the SIP submittals from North Carolina:
(1) A May 16, 2011, submittal (as revised and updated by the
State's September 5, 2013, SIP submittal) as meeting the
requirements of EPA's rule, ``Implementation of the New Source
Review (NSR) Program for Particulate Matter Less Than 2.5
Micrometers (PM2.5),'' Final Rule, 73 FR 28321 (May 16,
2008);
(2) Administrative changes to North Carolina's PSD and NNSR
regulations at 15A NCAC 02D .0530 and 15A NCAC 02D .0531 provided by
the State in a SIP submittal also dated May 16, 2011, including
clarification of the applicability of best available control
technology (BACT) and lowest achievable emission rate (LAER) for
electrical generating units (EGUs) in the State, and the inclusion
of an additional Federal Land Manager (FLM) notification provision;
and
(3) Portions of the PSD elements of North Carolina's
infrastructure SIP submittals for various NAAQS as indicated.
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D. EPA's Previous Action on North Carolina's SIP Submittals Related to
Infrastructure SIP PSD Elements
In addition to disapproving the portions of North Carolina's
September 5, 2013, SIP submittal pertaining to PM2.5
increments, EPA's September 14, 2016, action partially approved and
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partially disapproved the following North Carolina infrastructure
submittals for PSD elements: 1997 Annual and 24-hour PM2.5
NAAQS (dated April 1, 2008); 2006 24-hour PM2.5 NAAQS (dated
September 21, 2009); 2008 lead NAAQS (received on July 20, 2012); 2008
8-hour ozone NAAQS (received on November 2, 2017); 2010 SO2
NAAQS (received March 18, 2014); 2010 NO2 NAAQS (received on
August 23, 2013); and 2012 Annual PM2.5 NAAQS (received on
December 4, 2015). The partial disapproval was limited to the
PM2.5 increment requirements of the 2010 PM2.5
Rule for these infrastructure SIP submittals. Under section
110(c)(1)(B), these disapprovals started a two-year clock for EPA to
promulgate a FIP to address these infrastructure SIP deficiencies.
IV. What is EPA's analysis of North Carolina's October 17, 2017, SIP
submittal for PSD?
On October 17, 2017, North Carolina provided a SIP revision to
correct the deficiencies EPA had identified in the State's September 5,
2013, SIP submittal related to the adoption of the PM2.5
increments. The relevant federal PM2.5 permitting
requirements for SIPs, set forth in 40 CFR 51.165 and 51.166, were
promulgated by EPA in the 2010 PSD PM2.5 Rule. States were
required to make their SIP submittals to address the requirements of
the 2010 PSD PM2.5 Rule no later than July 20, 2012. North
Carolina's October 17, 2017, SIP submittal adopts changes in the
State's PSD permitting program at 15A NCAC 02D .0530 by incorporating
by reference EPA's PSD regulations as of July 1, 2014. This
incorporation by reference includes the federally-required provisions
of EPA's 2010 PSD PM2.5 Rule needed to implement the PSD
PM2.5 program in North Carolina. Adopting the federal rule
as of July 1, 2014, has the effect of adding to the North Carolina SIP
the required definitions of ``major source baseline date,'' ``minor
source baseline date,'' and ``baseline area'' that were lacking in the
State's previous PM2.5 submittals.
This incorporation by reference as of July 1, 2014, also captures
EPA's October 25, 2012 (77 FR 65107), amendment to the definition of
``regulated NSR pollutant'' concerning condensable particulate matter.
In that action, EPA amended the definition of ``regulated NSR
pollutant'' to remove an inadvertent general requirement of the 2008
NSR PM2.5 Rule to include the condensable portion of PM when
measuring emissions-related indicators of ``PM emissions'' in the
context of the NSR regulations. Under the revised definition,
PM2.5 and PM10 emissions must include the
condensable portion of particulate matter, but not PM emissions.\11\
Because North Carolina's current federally-approved NSR rule (a portion
of which was approved by EPA's September 14, 2016, action) adopts the
PSD definitions in the CFR as of May 16, 2008, it currently requires
sources to account for the condensable fraction in the measurement and
regulation of ``PM emissions'' (as well as ``PM2.5
emissions'' and ``PM10 emissions''). By adopting the PSD
definitions in the CFR as of July 1, 2014, the revised rule would
continue to require sources to account for the condensable fraction in
the measurement of ``PM2.5 emissions'' and ``PM10
emissions'' but not ``PM emissions.'' As discussed in EPA's May 10,
2016 (81 FR 28801), proposed action, requiring the inclusion of
condensable PM in measurements of ``PM emissions'' has little if any
effect on preventing significant air quality deterioration or on
efforts to attain the primary and secondary PM NAAQS. Therefore, North
Carolina's incorporation by reference of EPA's PSD regulations as of
July 1, 2014, is not only consistent with the current federal rule, but
it also will not interfere with North Carolina's efforts to prevent
significant deterioration of air quality and to attain and maintain
compliance with the PM NAAQS.\12\
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\11\ The October 25, 2012, final rule retained the general
requirement to include the condensable fraction of PM10
and PM2.5 emissions in each case for purposes of NSR
permitting under EPA's regulations at 40 CFR 51.166(b)(49)(i), 40
CFR 52.21(b)(50)(i), 40 CFR 51.165(a)(1)(xxxvii), and 40 CFR part 51
Appendix S.
\12\ EPA also notes that the version of EPA's PSD regulations
incorporated by reference excludes the PSD PM2.5 SILs
provisions and SMC provisions, which EPA had promulgated in the 2010
PSD PM2.5 Rule and later removed on December 9, 2013. The
2010 PSD PM2.5 Rule gave states discretion to adopt
PM2.5 SILs and a SMC. See 75FR at 64900. On January 22,
2013, the D.C. Circuit vacated and remanded to EPA the portions of
50 CFR 51.166 and 52.21 addressing the PM2.5 SILs and
also vacated the parts of the rule that established the
PM2.5 SMC. On December 9, 2013 (78 FR 73698), EPA took
final action amending its regulations to remove the PM2.5
SILs and SMC provisions from the PSD regulations. However, since
North Carolina's October 17, 2017, submittal does not include SILs
or SMC, these regulatory provisions are not relevant to this
proposed action.
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V. What is EPA's analysis of North Carolina's October 17, 2017, SIP
submittal for the infrastructure SIP PSD elements?
North Carolina's October 17, 2017, SIP submittal addresses certain
NSR/PSD requirements, as described above, and thereby meets the related
infrastructure SIP requirements of section 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J). For the remainder of this
proposed rulemaking, EPA's intent in referring to ``PSD elements'' is
to address the PSD requirements in sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J). More detail regarding the
aforementioned 110(a)(2) requirements related to PSD is provided in the
discussion that follows.
Section 110(a)(2)(C) has three components that must be addressed in
infrastructure SIP submittals: Enforcement, state-wide regulation of
new and modified minor sources and minor modifications of major
sources, and PSD permitting of new major sources and major
modifications in areas designated attainment or unclassifiable as
required by CAA title I part C (i.e., the major source PSD program).
Regarding section 110(a)(2)(C), this proposed action only addresses
North Carolina's infrastructure SIP submittals with respect to the
major source PSD program.
Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). Each of these components has two subparts
resulting in four distinct components, commonly referred to as
``prongs,'' that must be addressed in infrastructure SIP submittals.
The first two prongs, which are codified in section 110(a)(2)(D)(i)(I),
are provisions that prohibit any source or other type of emission
activity in one state from contributing significantly to nonattainment
of the NAAQS in another state (``prong 1'') and from interfering with
maintenance of the NAAQS in another state (``prong 2''). The third and
fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are
provisions that prohibit emissions activity in one state from
interfering with measures required in another state to prevent
significant deterioration of air quality (``prong 3'') or to protect
visibility (``prong 4''). With regard to section 110(a)(2)(D)(i), this
proposed action only addresses North Carolina's infrastructure SIP
submittals for prong 3.
Section 110(a)(2)(J) has four components that must be addressed in
infrastructure SIP submittals: (1) Consultation with government
officials; (2) public notification; (3) PSD; and (4) visibility
protection. With regard to section 110(a)(2)(J), this proposed action
only addresses North Carolina's infrastructure SIP submittals for PSD.
Regarding the PSD elements of sections 110(a)(2)(C) and (J), EPA
interprets the CAA to require each state to make, for each new or
revised NAAQS, an infrastructure SIP submittal that demonstrates that
the state has a
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complete PSD permitting program meeting the current requirements for
all regulated NSR pollutants. The requirements of section
110(a)(2)(D)(i)(II) (prong 3) may also be satisfied by demonstrating
that the air agency has a complete PSD permitting program correctly
addressing all regulated NSR pollutants.
As described in EPA's guidance dated September 13, 2013,\13\ an
infrastructure SIP submittal should demonstrate that one or more air
agencies has the authority to implement a comprehensive PSD permit
program under CAA title I part C for all PSD-subject sources located in
areas that are designated attainment or unclassifiable for one or more
NAAQS. EPA interprets the PSD elements to require that a state's
infrastructure SIP submittal for a particular NAAQS demonstrate that
the state has a complete PSD permitting program in place covering all
regulated NSR pollutants. A state's PSD permitting program is complete
for the PSD elements if EPA has already approved or is simultaneously
approving the state's implementation plan with respect to all
structural PSD requirements \14\ that are due under the EPA regulations
or the CAA on or before the date of EPA's proposed action on the
infrastructure SIP submittal.
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\13\ EPA's September 13, 2013, guidance, titled ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a),'' provides advice on the
development of infrastructure SIPs for the 2008 ozone NAAQS, the
2010 nitrogen dioxide NAAQS, the 2010 sulfur dioxide NAAQS, and the
2012 PM2.5 NAAQS, as well as infrastructure SIPs for new
or revised NAAQS promulgated in the future.
\14\ Structural PSD program provisions include provisions
necessary for the PSD program to address all regulated sources and
regulated pollutants but do not include provisions under 40 CFR
51.166 that are considered optional.
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On September 14, 2016, EPA partially approved and partially
disapproved the PSD elements of North Carolina's infrastructure SIP
submittals for the following NAAQS: 1997 Annual and 24-hour
PM2.5; 2006 24-hour PM2.5; 2008 lead; 2008 8-hour
ozone; 2010 NO2; 2010 SO2; and 2012 Annual
PM2.5. See 81 FR 63107. The partial disapproval was limited
to the PM2.5 increment requirements of the 2010
PM2.5 Rule for these infrastructure SIP submittals. North
Carolina submitted its October 17, 2017, SIP revision to EPA to correct
the deficiencies in the State's PSD permitting program, and, as
previously discussed, EPA is proposing to approve this SIP revision. If
EPA's proposed action is finalized, North Carolina's SIP will include a
complete PSD program that addresses all structural PSD requirements due
under the CAA and EPA regulations. Because EPA proposes to approve
North Carolina's SIP revisions for the PSD program, it is also
proposing approval of the October 17, 2017, submittal for the PSD
infrastructure SIP requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J) for the 2008 lead NAAQS, 2008
ozone NAAQS, 2010 SO2 NAAQS, 2010 NO2 NAAQS, and
1997, 2006 and 2012 PM2.5 NAAQS.\15\
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\15\ EPA has already approved or will consider in separate
actions all other elements from North Carolina infrastructure SIP
submissions related to the 2008 lead, 2008 8-hour ozone, 2010
NO2, 2010 SO2 NAAQS, and 1997, 2006 and 2012
PM2.5 NAAQS.
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VI. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference North Carolina's regulations 15A NCAC 02D .0530, entitled
``Prevention of Significant Deterioration,'' effective September 1,
2017. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and in hard copy at the
EPA Region 4 office (see the ADDRESSES section of this preamble for
more information).
VII. Proposed Actions
EPA is proposing to approve changes to the North Carolina SIP,
provided by the NC DEQ, to EPA on October 17, 2017. These changes
modify North Carolina's NSR permitting regulations codified at 15A 02D
.0530--Prevention of Significant Deterioration and include the adoption
of some federal requirements respecting implementation of the
PM2.5 NAAQS through the NSR permitting program.
Specifically, EPA is proposing to approve North Carolina's October 17,
2017, SIP submittal as it relates to the requirements to comply with
EPA's 2010 PSD PM2.5 Rule. EPA also notes that North
Carolina's incorporation by reference of EPA's PSD regulations as of
July 1, 2014, includes EPA's amendment to the definition of ``regulated
NSR pollutant'' concerning condensable PM promulgated on October 25,
2012.
If EPA finalizes all of the actions proposed in this notice, the
version of 15A NCAC 02D .0530 (PSD) that became effective in the State
on September 1, 2017, will be incorporated into North Carolina's SIP.
As a result of the proposed approval of North Carolina's October 17,
2017, SIP submittal, EPA is also proposing to approve portions of the
PSD elements of North Carolina's infrastructure SIP submittals (i.e.,
CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J)) for
the 1997 Annual and 24-hour PM2.5, 2006 24-hour
PM2.5, 2008 lead, 2008 8-hour ozone, 2010 SO2,
2010 NO2 and the 2012 Annual PM2.5 NAAQS. If EPA
finalizes this proposed approval action, that final action will remove
EPA's obligation under section 110(c) to promulgate a FIP to address
the PM2.5 increments requirements of EPA's 2010 PSD
PM2.5 Rule PSD and the related PSD elements for the above
listed infrastructure SIPs.
VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, these proposed actions:
Are 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National
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Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with
the CAA; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 12, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-13356 Filed 6-20-18; 8:45 am]
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