Federal Register - March 1, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Pearlene Williams, 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 303038960.
Ms. Williams can also be reached via phone at 404 5629144 or via electronic mail at williams.pearlene@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background On July 10, 2019, the State of North Carolina submitted changes to the North Carolina SIP for EPA approval. EPA is finalizing changes to the following regulations under 15A North Carolina Administrative Code NCAC
Subchapter 02Q,1 Section .0300, Construction and Operation Permits:
Section .0301, Applicability; Section .0303, Definitions; Section .0304, Applications; Section .0305, Application Submittal Content; Section .0307, Public Participation Procedures;
Section .0308, Final Action on Permit Applications; Section .0309, Termination, Modification and Revocation of Permits; Section .0310, Permitting of Numerous Similar Facilities; Section .0311, Permitting of Facilities at Multiple Temporary Sites;
Section .0312, Application Processing Schedule; Section .0313, Expedited Application Processing Schedule;
Section .0314, General Requirements for All Permits; Section .0315, Synthetic Minor Facilities; Section .0316, Administrative Permit Amendments;
and Section .0317, Avoidance Conditions.2
II. Analysis of North Carolinas SIP
Revision The revision that is the subject of this final rulemaking makes changes to construction and operating permitting regulations under Subchapter 2Q of the North Carolina SIP. These changes revise the applicability of permit exemptions, permit application and processing procedures, and revise related definitions. Details regarding the background for these changes may be found in the proposed rulemaking that published October 19, 2020 85 FR
1 In the table of North Carolina regulations federally approved into the SIP at 40 CFR
52.1770c, 15A NCAC 02Q is referred to as Subchapter 2Q Air Quality Permits.
2 The State submitted the SIP revision following the readoption of several air regulations, including .0301, .0303, .0304, .0305, .0307, .0308, .0309, .0310, .0311, .0312, .0313, .0314, .0315, .0316, and .0317, pursuant to North Carolinas 10-year regulatory readoption process at North Carolina General Statute 150B21.3A.
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66296. The comment period for this rulemaking closed on November 18, 2020. No adverse comments were received. EPA finds that the changes do not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement.
EPA has determined that the changes to the regulations above provide clarity to the applicability of permit exemptions, permit application and processing procedures, and definitions.
The changes are minor changes that do not significantly alter the meaning of the regulations. The changes to the SIP
satisfy CAA section 110l and do not interfere with attainment and maintenance of the national ambient air quality standards or any other applicable requirement of the Act.
Therefore, EPA is approving the changes to these regulations.
III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the following sections of 15A NCAC Subchapter 2Q with a stateeffective date of April 1, 2018: Section .0301, Applicability; Section .0303, Definitions; Section .0304, Applications;
Section .0305, Application Submittal Content; Section .0307, Public Participation Procedures; Section .0308, Final Action on Permit Applications;
Section .0309, Termination, Modification and Revocation of Permits;
Section .0310, Permitting of Numerous Similar Facilities; Section .0311, Permitting of Facilities at Multiple Temporary Sites; Section .0312, Application Processing Schedule;
Section .0313, Expedited Application Processing Schedule; Section .0314, General Requirements for All Permits;
Section .0315, Synthetic Minor Facilities; Section .0316, Administrative Permit Amendments; and Section .0317, Avoidance Conditions. This finalization revises the applicability of permit exemptions, revises permit application and processing procedures, and amends definitions. 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.
IV. Final Action EPA is approving North Carolinas July 10, 2019, SIP revision, which contains changes to the following
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regulations under 15A NCAC
Subchapter 02Q, Section .0300, Construction and Operation Permits:
Section .0301, Applicability; Section .0303, Definitions; Section .0304, Applications; Section .0305, Application Submittal Content; Section .0307, Public Participation Procedures;
Section .0308, Final Action on Permit Applications; Section .0309, Termination, Modification and Revocation of Permits; Section .0310, Permitting of Numerous Similar Facilities; Section .0311, Permitting of Facilities at Multiple Temporary Sites;
Section .0312, Application Processing Schedule; Section .0313, Expedited Application Processing Schedule;
Section .0314, General Requirements for All Permits; Section .0315, Synthetic Minor Facilities; Section .0316, Administrative Permit Amendments;
and Section .0317, Avoidance Conditions. EPA has concluded that these changes are consistent 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 Act and applicable Federal regulations.
See 42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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 13563 76 FR 3821, January 21, 2011;
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. 1044;
Does not have Federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or
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