Air Plan Approval; North Carolina; Removal of Emissions Exemptions

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R04-OAR-2024-0401; FRL-12885-01-R4]</DEPDOC> <SUBJECT>Air Plan Approval; North Carolina; Removal of Emissions Exemptions</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is proposing to approve separate but related State Implementation Plan (SIP) revisions submitted by the North Carolina Division of Air Quality (NCDAQ). First, EPA is proposing to approve a SIP revision submitted by NCDAQ on behalf of the State of North Carolina on October 27, 2023, to remove certain exemptions available at the discretion of a State official for emissions exceeding otherwise applicable SIP emission limitations. Second, EPA is proposing to approve a SIP revision submitted by NCDAQ on behalf of Mecklenburg County Air Quality (MCAQ or Mecklenburg County) on October 25, 2023, to remove a parallel local exemption analogous to the State's for emissions exceeding otherwise applicable SIP emission limitations. In addition, EPA is proposing to approve minor and administrative changes to certain regulatory provisions that have been revised by the State and Mecklenburg County since EPA's last approval of those provisions. EPA is proposing to approve these SIP revisions pursuant to the Clean Air Act (CAA or Act). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before September 15, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket ID No. EPA-R04-OAR-2024-0401 at <E T="03">regulations.gov</E> . Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from <E T="03">regulations.gov</E> . 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 ( <E T="03">i.e.,</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 <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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 <E T="03">goddard.faith@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Background</FP> <FP SOURCE="FP1-2">A. North Carolina's October 27, 2023, Submittal</FP> <FP SOURCE="FP1-2">B. Mecklenburg County's October 25, 2023, Submittal</FP> <FP SOURCE="FP-2">II. Analysis of North Carolina's SIP Submittal</FP> <FP SOURCE="FP1-2">A. 15A NCAC 02D .0535(c) and (g)</FP> <FP SOURCE="FP1-2">B. Other Changes—15A NCAC 02D .0535</FP> <FP SOURCE="FP1-2">1. 15A NCAC 02D .0535(a)</FP> <FP SOURCE="FP1-2">2. 15A NCAC 02D .0535(b)</FP> <FP SOURCE="FP1-2">3. 15A NCAC 02D .0535(d) and (e)</FP> <FP SOURCE="FP1-2">4. 15A NCAC 02D .0535(f)</FP> <FP SOURCE="FP-2">III. Analysis of Mecklenburg County's SIP Submittal</FP> <FP SOURCE="FP1-2">A. MCAPCO 2.0535(c)</FP> <FP SOURCE="FP1-2">B. Other Changes—MCAPCO 2.0535</FP> <FP SOURCE="FP1-2">1. MCAPCO 2.0535(a)</FP> <FP SOURCE="FP1-2">2. MCAPCO 2.0535(b)</FP> <FP SOURCE="FP1-2">3. MCAPCO 2.0535(d) and (e)</FP> <FP SOURCE="FP1-2">4. MCAPCO 2.0535(f)</FP> <FP SOURCE="FP-2">IV. Proposed Actions</FP> <FP SOURCE="FP-2">V. Incorporation by Reference</FP> <FP SOURCE="FP-2">VI. Statutory and Executive Order Reviews</FP> </EXTRACT> <HD SOURCE="HD1">I. Background</HD> <HD SOURCE="HD2">A. North Carolina's October 27, 2023, Submittal</HD> In its October 27, 2023, SIP revision  <SU>1</SU> <FTREF/> NCDAQ requested that EPA incorporate into the North Carolina SIP “15A NCAC 02D .0535 as submitted in the April 13, 2021, Group 6 rule-readoption submission but . . . exclude paragraphs (c) and (g) from such approval.”  <SU>2</SU> <FTREF/> Approving this SIP revision would have the effect of removing paragraphs (c) and (g) from the SIP and incorporating the changes to the remaining portions of Rule 02D .0535 into the SIP. In the existing North Carolina SIP, Rules 02D .0535(c) and (g) provide exemptions for emissions exceeding otherwise applicable SIP emission limitations at the discretion of a State official during malfunctions at paragraph (c) and startup and shutdown at paragraph (g). The October 27, 2023, SIP revision also included minor and administrative changes to the remaining Rule 02D .0535 regulatory provisions made since EPA's last approval on August 1, 1997. <SU>3</SU> <FTREF/> <FTNT> <SU>1</SU>  NCDAQ submitted a SIP revision on October 25, 2023, and supplemented it with additional required materials on October 27, 2023; therefore, EPA considers October 27, 2023, to be the date on which the Agency received the SIP revision submission. </FTNT> <FTNT> <SU>2</SU>  On April 13, 2021, as part of a SIP revision with a group of readopted air quality rules termed “Group 6,” NCDAQ requested action on the readopted Rule 02D .0535, including paragraphs (c) and (g), but on January 19, 2023, NCDAQ withdrew Rule 02D .0535 from the Group 6 SIP revision. Rule 02D .0535, as originally transmitted to EPA in the April 13, 2021, Group 6 SIP revision has been resubmitted by NCDAQ, except for paragraphs (c) and (g). The Group 6 and October 27, 2023, SIP revisions also requested action on the readoption, in full and in part, respectively, of 15A NCAC 02D .1423 into the North Carolina SIP, but on December 16, 2024, in a letter dated December 13, NCDAQ withdrew the portion of the October 27, 2023, SIP revision revising Rule 02D .1423. That letter is included in the rulemaking docket for this proposed action. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> 62 FR 41277. </FTNT> <HD SOURCE="HD2">B. Mecklenburg County's October 25, 2023, Submittal</HD> In its October 25, 2023, SIP revision, NCDAQ on behalf of MCAQ requested that EPA incorporate recently adopted Mecklenburg County Air Pollution Control Ordinance (MCAPCO) Article 2.0000, Section 2.0500, Rule 2.0535 (“Rule 2.0535”), <E T="03">Excess Emissions Reporting and Malfunctions</E>   <SU>4</SU> <FTREF/> into the Mecklenburg County portion of the North Carolina SIP to “replace the obsolete version” of SIP Rule 2.0535 “with the current version, except for paragraphs (c) and (g), and remove existing paragraph (c).” In the existing Mecklenburg County portion of the North Carolina SIP, Rule 2.0535(c) provides exemptions for emissions exceeding otherwise applicable SIP emission limitations at the discretion of a local official during malfunctions, comparable to Title 15A of the North Carolina Administrative Code (15A NCAC) Subchapter 02D, Section .0500, Rule .0535 (“Rule 02D .0535”), <E T="03">Excess Emissions Reporting and Malfunctions,</E> paragraph (c). <SU>5</SU> <FTREF/> Approving this SIP revision would have the effect of removing paragraph (c) from the SIP, not incorporating paragraph (g) or the changes to paragraph (a)(1) into the SIP, and incorporating the changes to the remaining portions of Rule 2.0535 into the SIP. The October 25, 2023, SIP revision also included minor and administrative changes to the remaining Rule 2.0535 regulatory provisions made since EPA's original approval on May 2, 1991. <SU>6</SU> <FTREF/> <FTNT> <SU>4</SU>  The Rule 2.0535 title was previously revised from <E T="03">Excess Emissions Reporting and Malfunction</E> to <E T="03">Malfunctions, Start-Up and Shut-Down</E> in an administrative update to materials incorporated by reference into the North Carolina SIP. <E T="03">See</E> 88 FR 50773 (August 2, 2023). </FTNT> <FTNT> <SU>5</SU>  Rule 2.0535(g), comparable to North Carolina's 15A NCAC 02D .0535(g), is not approved into the Mecklenburg County portion of the North Carolina SIP. </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> 56 FR 20140. </FTNT> <HD SOURCE="HD1">II. Analysis of North Carolina's SIP Submittal</HD> <HD SOURCE="HD2">A. 15A NCAC 02D .0535(c) and (g)</HD> North Carolina requested that EPA incorporate the November 1, 2020, state-effective version of Rule 02D .0535 into the North Carolina SIP, excluding paragraphs (c) and (g). Removing paragraphs (c) and (g) from the North Carolina SIP would mean that emission limits incorporated into the SIP that were formerly inapplicable under certain circumstances at the discretion of a State official are no longer subject to those exemptions. If removed from the SIP, Rules 02D .0535(c) and (g) would continue to exist in North Carolina state law and would apply to North Carolina in its exercise of enforcement authority for state law purposes only. Because Rules 02D .0535(c) and (g) would no longer be part of the North Carolina SIP, citizens and EPA could seek injunctive relief or civil penalties for exceedances of emission limits during the periods that would otherwise have been covered by Rules 02D .0535(c) and (g). EPA proposes to approve the State's request to remove Rules 02D .0535(c) and (g) fr ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 46k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━