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Fees, OAR 340–216–8010 Table 1— We intend to address the remainder of in the Unfunded Mandates Reform Act Activities and Sources, and OAR 340– the interstate transport requirements in of 1995 (Public Law 104–4); 216–8020 Table 2—Air Contaminant a separate, future action. In addition, we • Does not have Federalism Discharge Permits (fee schedule). are also proposing to approve into the implications as specified in Executive Therefore, we are proposing to conclude Oregon SIP, and incorporate by Order 13132 (64 FR 43255, August 10, that Oregon has satisfied the reference at 40 CFR part 52, subpart 1999); requirements of CAA section MM, a revision to Oregon’s • Is not an economically significant 110(a)(2)(L) for the ozone NAAQS. Administrative Rule 340–200–0035(1) regulatory action based on health or Reference Materials submitted as part of safety risks subject to Executive Order 110(a)(2)(M): Consultation/Participation the Cleaner Air Oregon SIP on 13045 (62 FR 19885, April 23, 1997); by Affected Local Entities • December 11, 2018. Is not a significant regulatory action CAA section 110(a)(2)(M) requires subject to Executive Order 13211 (66 FR States to provide for consultation and IV. Incorporation by Reference 28355, May 22, 2001); • participation in SIP development by In this document, we are proposing to Is not subject to requirements of local political subdivisions affected by include in a final rule, regulatory text section 12(d) of the National the SIP. that includes incorporation by Technology Transfer and Advancement State submission: The Oregon reference. In accordance with Act of 1995 (15 U.S.C. 272 note) because submission refers to the following laws requirements of 1 CFR 51.5, we are it does not involve technical standards; and regulations: proposing to incorporate by reference and • Does not provide the EPA with the • ORS 468.020 Rules and Standards the provisions described above in discretionary authority to address, as • ORS 468.035 Functions of Department Section V. Proposed Action. The EPA appropriate, disproportionate human paragraphs (a), (c), (f), and (g) has made, and will continue to make, health or environmental effects, using • ORS 468A.010 Policy paragraphs these documents generally available practicable and legally permissible (1)(b) and (c) electronically through https:// methods, under Executive Order 12898 • ORS 468A.025 Air Purity Standards; www.regulations.gov and in hard copy at the appropriate EPA office (see the (59 FR 7629, February 16, 1994). Air Quality Standards; Treatment and In addition, the SIP is not approved FOR FURTHER INFORMATION CONTACT Control of Emissions; Rules to apply on any Indian reservation land • ORS 468A.035 General section of this preamble for more information). or in any other area where the EPA or Comprehensive Plan an Indian tribe has demonstrated that a • ORS 468A.040 Permits; Rules • V. Statutory and Executive Orders tribe has jurisdiction. In those areas of ORS 468A.055 Notice Prior to Review Indian country, the rule does not have Construction of New Sources; Order tribal implications and will not impose Authorizing or Prohibiting Under the CAA, the Administrator is required to approve a SIP submission substantial direct costs on tribal Construction; Effect of No Order; governments or preempt tribal law as Appeal that complies with the provisions of the • CAA and applicable Federal regulations. specified by Executive Order 13175 (65 ORS 468A.070 Measurement and FR 67249, November 9, 2000). Testing of Contamination Sources; 42 U.S.C. 7410(k); 40 CFR 52.02(a). Rules Thus, in reviewing SIP submissions, the List of Subjects in 40 CFR Part 52 • ORS 468A.100–180 Regional Air EPA’s role is to approve State choices, Environmental protection, Air Quality Control Authorities provided that they meet the criteria of pollution control, Incorporation by • OAR 340–200 General Air Pollution the CAA. Accordingly, this proposed reference, Intergovernmental relations, Procedures and Definitions action merely approves State law as Lead, Nitrogen dioxide, Ozone, • OAR 340–204 Designation of Air meeting Federal requirements and does Particulate matter, Reporting and Quality Areas not impose additional requirements recordkeeping requirements, Sulfur • OAR 340–216 Air Contaminant beyond those imposed by State law. For oxides, Volatile organic compounds. Discharge Permits that reason, this proposed action: • Authority: 42 U.S.C. 7401 et seq. EPA analysis: The regulations cited by Is not a ‘‘significant regulatory Oregon were previously approved on action’’ subject to review by the Office Dated: February 25, 2019. December 27, 2011 (76 FR 80747) and of Management and Budget under Chris Hladick, provide for consultation and Executive Orders 12866 (58 FR 51735, Regional Administrator, Region 10. participation in SIP development by October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2019–04385 Filed 3–8–19; 8:45 am] local political subdivisions affected by January 21, 2011); BILLING CODE 6560–50–P • the SIP. We are proposing to approve Is not an Executive Order 13771 (82 the Oregon SIP as meeting the FR 9339, February 2, 2017) regulatory requirements of CAA section action because SIP approvals are ENVIRONMENTAL PROTECTION 110(a)(2)(M) for the 2015 ozone exempted under Executive Order 12866; AGENCY NAAQS. • Does not impose an information collection burden under the provisions 40 CFR Part 52 III. Proposed Action of the Paperwork Reduction Act (44 [EPA–R04–OAR–2017–0422; FRL–9990–68– The EPA is proposing to find the U.S.C. 3501 et seq.); Region 4] Oregon SIP meets the following CAA • Is certified as not having a section 110(a)(2) infrastructure elements significant economic impact on a Air Plan Approval; NC; Emission for the 2015 ozone NAAQS: (A), (B), (C), substantial number of small entities Control Standards, Open Burning, and (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), under the Regulatory Flexibility Act (5 Miscellaneous Revisions (L), and (M). This proposed action U.S.C. 601 et seq.); AGENCY: • Environmental Protection addresses only the interstate transport Does not contain any unfunded Agency (EPA). requirements of CAA sections mandate or significantly or uniquely ACTION: Proposed rule. 110(a)(2)(D)(i)(II), and 110(a)(2)(D)(ii). affect small governments, as described

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SUMMARY: The Environmental Protection I. Background covers existing nitric acid Agency (EPA) is proposing to approve On January 31, 2008, the State of manufacturing plants only, and the portions of a revision to the North North Carolina, through NCDENR,1 provision limiting NO2 emissions from Carolina State Implementation Plan submitted changes to the North Carolina sulfuric acid manufacturing plants (SIP) submitted by the State of North SIP for EPA approval. EPA is proposing remains unchanged. The provision Carolina through the North Carolina to approve changes to the following limiting NO2 emissions from existing Department of Environmental Quality regulations under 15A North Carolina nitric acid manufacturing plants is (formerly the North Carolina Administrative Code (NCAC) 02D, removed because at the time of the Department of Environment and Natural Section .0519, Control of Nitrogen regulations changes there were no nitric acid plants in the State (nor are there Resources (NCDENR)), Division of Air Dioxide and Nitrogen Oxides Emissions; any currently operating in the State). Quality, on January 31, 2008. The Section .0540, Particulates From Fugitive Non-Process Dust Emissions; Section .0519 is also amended by revision includes changes to emission adding a provision clarifying that control standards and open burning and Section .1907, Multiple Violations 2 boilers subject to emission standards regulations. The changes are part of Arising From a Single Episode. These changes are a part of North Carolina’s under regulations under Subchapter 2D North Carolina’s strategy to meet and of the North Carolina SIP, Sections maintain the national ambient air strategy to attain and maintain the NAAQS and are being proposed for .0524, New Source Performance quality standards (NAAQS). This action approval pursuant to section 110 of the Standards or .1418, New Generating is being taken pursuant to the Clean Air CAA. EPA has taken, will take, or, for Units, Large Boilers and Internal Act (CAA or Act) and its implementing various reasons, will not take separate Combustion Engines, must meet the regulations. action on all other changes submitted on requirements of those regulations instead of the requirements in Section DATES: Comments must be received on January 31, 2008.3 .0519. To demonstrate that this change or before April 10, 2019. II. Analysis of the State Submittals does not interfere with the maintenance ADDRESSES: Submit your comments, The revision that is the subject of this and attainment of the NAAQS, North identified by Docket ID No. EPA–R04– proposed rulemaking makes changes to Carolina submitted a noninterference OAR–2017–0422 at http:// emission control standard regulations demonstration supporting this change to www.regulations.gov. Follow the online under Subchapter 2D of the North its SIP on April 11, 2017.4 North instructions for submitting comments. Carolina SIP. These changes revise the Carolina confirmed in its Once submitted, comments cannot be applicability of nitrogen dioxide (NO2) noninterference demonstration that edited or removed from Regulations.gov. and nitrogen oxides emissions standards there are currently no nitric acid plants EPA may publish any comment received to nitric acid plants, amend definitions operating in the State, and any new to its public docket. Do not submit and expand the applicability of nitric acid plants with affected boilers electronically any information you provisions related to fugitive dust or engines will be required to comply consider to be Confidential Business emissions, and add a new open burning with the New Source Performance Standards or new generating units, large Information (CBI) or other information rule for multiple violations that can boilers and internal combustion engines whose disclosure is restricted by statute. occur from a single open burning event. The changes either do not interfere with Sections at .0524 and .1418 that are Multimedia submissions (audio, video, more stringent than the standards being etc.) must be accompanied by a written attainment and maintenance of the NAAQS or they have the effect of removed. EPA is proposing to find that comment. The written comment is strengthening the North Carolina SIP. the rationale in North Carolina’s considered the official comment and Detailed descriptions of the changes are noninterference demonstration should include discussion of all points below: sufficiently establishes that the you wish to make. EPA will generally 1. Section .0519, Control of Nitrogen revisions to Section .0519 will not not consider comments or comment Dioxide and Nitrogen Oxides Emissions interfere with attainment and contents located outside of the primary is amended by removing the provision maintenance of the NAAQS pursuant to 5 submission (i.e. on the web, cloud, or to limit NO2 emissions from nitric acid CAA section 110(l). other file sharing system). For manufacturing plants. This regulation 2. Section .0540, Particulates From additional submission methods, the full Fugitive Non-Process Dust Emissions is EPA public comment policy, 1 NCDENR is now the North Carolina Department amended to make the Section applicable information about CBI or multimedia of Environmental Quality. to all fugitive dust emissions instead of submissions, and general guidance on 2 In the table of North Carolina regulations only fugitive non-process dust federally approved into the SIP at 40 CFR emissions. Section .0540 requires that making effective comments, please visit 52.1770(c), 15A NCAC 02D is referred to as http://www2.epa.gov/dockets/ ‘‘Subchapter 2D Air Pollution Control the owner or operator of a facility shall commenting-epa-dockets. Requirements.’’ not cause or allow fugitive dust 3 On February 5, 2015 (80 FR 6455), EPA took emissions to cause or contribute to FOR FURTHER INFORMATION CONTACT: final action on 2D Section .1004. On July 18, 2017 substantive complaints or visible Nacosta C. Ward, Air Regulatory (82 FR 32767), EPA took direct final action on 2D emissions in excess of prescribed levels. Sections .1901, .1902 and .1903. EPA will be taking Management Section, Air Planning and separate action on 15A NCAC Sections 2D .1904 Preliminarily, EPA views the expanded Implementation Branch, Air, Pesticides and 2Q .0102. EPA is not taking action on 2D applicability of Section .0540 as SIP and Toxics Management Division, U.S. Sections .0516 and .0521, because the changes to strengthening. To effectuate this Environmental Protection Agency, these rules reference incinerator rules under CAA expanded applicability, the substitution sections 111(d) and 129 and 40 CFR part 60 and are Region 4, 61 Forsyth Street, SW, not a part of the federally-approved SIP. EPA is not Atlanta, Georgia 30303–8960. Ms. Ward taking action on changes to 2Q Section .0506 4 This noninterference demonstration is a part of can be reached via telephone at (404) because the changes reference a regulation not the docket for this action. approved into the SIP. Lastly, EPA is not taking 5 Section 110(l) requires that a revision to the SIP 562–9140, or via electronic mail at action on changes to 2D Sections .0524, .0960, not interfere with any applicable requirement [email protected]. .1201, .1202, .1208, .1211, and .2303 because the concerning attainment and reasonable further State withdrew these regulations from its January progress (as defined in section 171), or any other SUPPLEMENTARY INFORMATION: 31, 2008, submittal. applicable requirement of the Act.

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of the term ‘‘fugitive non-process dust regarding control of non-process fugitive attainment and maintenance of the emissions’’ with ‘‘fugitive dust dust emissions: Section .0506, Hot Mix NAAQS or any other applicable emissions’’ has been made throughout Asphalt Plants; Section .0509, Mica or requirement of the Act. the Section to reflect this change. Other Feldspar Processing Plants; Section 3. Section .1907, Multiple Violations changes to this regulation are as follows: .0510, Sand, Gravel, or Crushed Stone Arising From a Single Episode is a new • The title has been changed from Operations; and Section .0511, Light open burning regulation being added to ‘‘Particulates From Fugitive Non- Weight Aggregate Processes. The the North Carolina SIP. North Carolina Process Dust Emissions’’ to amendments to the regulation now added this provision to allow ‘‘Particulates From Fugitive Dust expand its applicability to require assessment of multiple civil penalties Emission Sources;’’ sources with no permit, and that are not with respect to a single open burning • The term ‘‘fugitive non-process dust subject to one of the aforementioned event because multiple violations may emissions’’ has been modified to four categories, to abate fugitive dust occur during a single episode. EPA eliminate ‘‘non-process,’’ and the that is due to poor collection and/or believes, as a preliminary matter, that corresponding definition has been control systems or non-process fugitive this new regulation is SIP-strengthening modified; emissions. The focus of the regulation is and on this basis EPA is proposing • The terms ‘‘excess fugitive dust no longer limited to non-process approval of North Carolina’s request to emissions,’’ ‘‘production of crops,’’ and fugitive emissions, and the amendments add this regulation to its SIP. ‘‘public parking,’’ along with definitions eliminate any differentiation between III. Incorporation by Reference thereof, have been added, and the fugitive non-process and fugitive definitions have been renumbered to process emissions. In this document, EPA is proposing to reflect these additions; The other major change to the include in a final EPA rule regulatory • A provision clearly identifying regulation includes the addition of text that includes incorporation by certain activities that are excluded from reference method 22 for visible reference. In accordance with the regulation’s expanded applicability emissions determination. Compliance requirements of 1 CFR 51.5, EPA is has been added under paragraph (b). with the regulation was previously proposing to incorporate by reference These activities include: Abrasive determined by the presence of physical the North Carolina regulations under blasting covered under Subchapter 2D evidence to verify a complaint (i.e., dust Subchapter 2D Air Pollution Control Section .0541; cotton ginning operations that must be attributed solely to a Requirements, Section .0519, Control of covered under Subchapter 2D Section source). The addition of reference Nitrogen Dioxide and Nitrogen Oxides .0542; non-production military base method 22 allows an inspector to Emissions; Section .0540, Particulates operations; land disturbing activities; determine compliance based on any From Fugitive Dust Emission Sources; and public roads, public parking, timber opacity at the property boundary that and Section .1907, Multiple Violations harvesting, or production of crops. As a occurs more than six minutes in an hour Arising from a Single Episode, which preliminary matter, EPA believes the and includes all fugitive dust. The had a state effective date of July 1, 2007. exclusion of these activities from the amendments also include the processes These changes are proposed to revise expanded applicability of .0540 does that need to be followed when excess the applicability of NO2 and nitrogen not result in the North Carolina SIP fugitive emissions or two (or more) oxides emissions standards to nitric being less stringent. This is because, in substantive complaints are received. acid plants, amend definitions and the the current North Carolina SIP, these The amendment requires immediate applicability of provisions related to activities are already not subject to the abatement measures for identified fugitive dust emissions, and add a new requirements of Section .0540 due to the fugitive dust emission sources within 30 open burning rule for multiple fact that applicability of the current SIP- days and permanent plans for fugitive violations that can occur from a single approved regulation is limited to non- dust abatement within 90 days (60 days open burning event. EPA has made, and process fugitive dust emissions from from the first report). will continue to make, these materials only four specified source categories EPA has preliminarily determined generally available through and the activities now proposed for that the changes to Section .0540 have www.regulations.gov and at the EPA explicit exclusion in the new version of the effect of strengthening the SIP by Region 4 office (please contact the the regulation were effectively excluded covering both process and non-process person identified in the FOR FURTHER under the old regulation. fugitive dust from facilities subject to an INFORMATION CONTACT section of this • The requirements related to emission standard or a permit, whereas preamble for more information). substantive complaints regarding the current SIP-approved version of the fugitive dust emissions from facilities regulation applies only to non-process IV. Proposed Action have been revised to provide clarity to fugitive dust from four source For the reasons described above, EPA the requirements that an owner or categories. EPA also believes, as a is proposing to approve the operator must meet in order to comply preliminary matter, that the aforementioned changes to the North with the regulation. The regulation is amendments related to the specified Carolina SIP submitted by the State of amended by adding an objective method exclusions do not make the SIP less North Carolina on January 31, 2008, (reference method 22) for determining stringent because the excluded activities pursuant to section 110 because these opacity at the property boundary to were already effectively excluded under changes are consistent with the CAA. assist inspectors in application of the the old regulation. The changes also regulation. The regulation is also provide clarity to definitions, V. Statutory and Executive Order amended to include the processes that exclusions, and the requirements Reviews need to be followed when excess applicable to substantive complaints. Under the CAA, the Administrator is fugitive emissions substantive For the reasons noted above, EPA is required to approve a SIP submission complaints are received. proposing approval of the changes to that complies with the provisions of the As noted above, the current SIP- this regulation and proposing to find Act and applicable Federal regulations. approved version of Section .0540 that these amendments to Section .0540 See 42 U.S.C. 7410(k); 40 CFR 52.02(a). applies to only four source categories and the revisions to the SIP satisfy CAA Thus, in reviewing SIP submissions, that reference regulation Section .0540 section 110(l) and do not interfere with EPA’s role is to approve state choices,

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provided that they meet the criteria of List of Subjects in 40 CFR Part 52 provided below, no later than 5 p.m. on the CAA. This action merely proposes to Environmental protection, Air May 6, 2019. approve state law as meeting Federal pollution control, Carbon monoxide, ADDRESSES: In commenting, please refer requirements and does not impose Incorporation by reference, to file code CMS–9921–NC. Because of additional requirements beyond those Intergovernmental relations, Lead, staff and resource limitations, we cannot imposed by state law. For that reason, Nitrogen dioxide, Ozone, Particulate accept comments by facsimile (FAX) this proposed action: matter, Reporting and recordkeeping transmission. • Is not a significant regulatory action requirements, Sulfur oxides, Volatile Comments, including mass comment subject to review by the Office of organic compounds. submissions, must be submitted in one Management and Budget under of the following three ways (please Authority: 42 U.S.C. 7401 et seq. Executive Orders 12866 (58 FR 51735, choose only one of the ways listed): October 4, 1993) and 13563 (76 FR 3821, Dated: February 25, 2019. 1. Electronically. You may submit January 21, 2011); Mary S. Walker, electronic comments on this regulation • Is not an Executive Order 13771 (82 Acting Regional Administrator, Region 4. to http://www.regulations.gov. Follow FR 9339, February 2, 2017) regulatory [FR Doc. 2019–04383 Filed 3–8–19; 8:45 am] the ‘‘Submit a comment’’ instructions. action because SIP approvals are BILLING CODE 6560–50–P 2. By regular mail. You may mail exempted under Executive Order 12866; written comments to the following address ONLY: Centers for Medicare & • Does not impose an information Medicaid Services, Department of collection burden under the provisions DEPARTMENT OF HEALTH AND Health and Human Services, Attention: of the Paperwork Reduction Act (44 HUMAN SERVICES CMS–9921–NC, P.O. Box 8016, U.S.C. 3501 et seq.); Baltimore, MD 21244–8016. • Is certified as not having a Centers for Medicare & Medicaid Services Please allow sufficient time for mailed significant economic impact on a comments to be received before the substantial number of small entities 42 CFR Chapter IV close of the comment period. under the Regulatory Flexibility Act (5 3. By express or overnight mail. You U.S.C. 601 et seq.); Office of the Secretary may send written comments to the • Does not contain any unfunded following address ONLY: Centers for mandate or significantly or uniquely 45 CFR Subtitle A Medicare & Medicaid Services, affect small governments, as described Department of Health and Human in the Unfunded Mandates Reform Act [CMS–9921–NC] Services, Attention: CMS–9921–NC, of 1995 (Pub. L. 104–4); Mail Stop C4–26–05, 7500 Security RIN 0938–ZB45 • Does not have Federalism Boulevard, Baltimore, MD 21244–1850. implications as specified in Executive Patient Protection and Affordable Care For information on viewing public Order 13132 (64 FR 43255, August 10, Act; Increasing Consumer Choice comments, see the beginning of the 1999); Through the Sale of Individual Health SUPPLEMENTARY INFORMATION section. • Is not an economically significant Insurance Coverage Across State FOR FURTHER INFORMATION CONTACT: Cam regulatory action based on health or Lines Through Health Care Choice Moultrie Clemmons, (206) 615–2338. safety risks subject to Executive Order Compacts SUPPLEMENTARY INFORMATION: 13045 (62 FR 19885, April 23, 1997); Submission of Comments: All AGENCY: Centers for Medicare & • Is not a significant regulatory action submissions received must include the Medicaid Services (CMS), HHS. subject to Executive Order 13211 (66 FR Agency file code CMS–9921–NC for this 28355, May 22, 2001); ACTION: Request for information. notice. Inspection of Public Comments: All • Is not subject to requirements of SUMMARY: This request for information comments received before the close of section 12(d) of the National (RFI) solicits comment from interested the comment period are available for Technology Transfer and Advancement parties on how to eliminate barriers to viewing by the public, including any Act of 1995 (15 U.S.C. 272 note) because and enhance health insurance issuers’ personally identifiable or confidential application of those requirements would ability to sell individual health business information that is included in be inconsistent with the CAA; and insurance coverage across state lines, • a comment. We post all comments Does not provide EPA with the primarily pursuant to Health Care received before the close of the discretionary authority to address, as Choice Compacts. This RFI was written comment period on the following appropriate, disproportionate human in connection with Executive Order website as soon as possible after they health or environmental effects, using 13813, ‘‘Promoting Healthcare Choice have been received: http:// practicable and legally permissible and Competition Across the United www.regulations.gov. Follow the search methods, under Executive Order 12898 States,’’ which directs the instructions on that website to view (59 FR 7629, February 16, 1994). Administration, including the public comments. The SIP is not approved to apply on Department of Health and Human any Indian reservation land or in any Services (HHS), to the extent consistent I. Background other area where EPA or an Indian tribe with law, to facilitate the purchase of On October 12, 2017, President has demonstrated that a tribe has health insurance coverage across state Trump issued Executive Order 13813, jurisdiction. In those areas of Indian lines. HHS is committed to increasing ‘‘Promoting Healthcare Choice and country, the rule does not have tribal health insurance coverage options under Competition Across the United States,’’ implications as specified by Executive Title I of the Patient Protection and which states the policy of the Order 13175 (65 FR 67249, November 9, Affordable Care Act. Administration will be ‘‘to the extent 2000), nor will it impose substantial DATES: Comment Date: To be assured consistent with law, to facilitate the direct costs on tribal governments or consideration, comments must be purchase of insurance across State lines preempt tribal law. received at one of the addresses and the development and operation of a

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