[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Rules and Regulations]
[Pages 41850-41851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16654]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0602; FRL-9831-6]
Approval and Promulgation of Implementation Plans for North
Carolina: Partial Withdrawal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; partial withdrawal.
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SUMMARY: Due to comments received, EPA is publishing a partial
withdrawal of the direct final approval of revisions to the North
Carolina State Implementation Plan (SIP). EPA stated in the direct
final rule that if EPA received adverse comments by June 17, 2013, the
rule would be withdrawn and not take effect.
DATES: This partial withdrawal is effective July 12, 2013.
FOR FURTHER INFORMATION CONTACT: Sara Waterson, Air Planning Branch,
U.S. Environmental Protection Agency Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Phone number: (404) 562-9061; Email:
[email protected].
SUPPLEMENTARY INFORMATION: On May 16, 2013 (78 FR 28747), EPA published
a direct final rulemaking to approve a portion of North Carolina's
February 3, 2010, SIP submission that updates the North Carolina SIP to
incorporate EPA's current national ambient air quality standards
(NAAQS) for ozone, lead, and particulate matter (PM). The SIP
submission contains amendments to North Carolina Rules 15A NCAC 02D
.0405, .0408, .0409, and .0410 reflecting EPA's current NAAQS for the
aforementioned criteria pollutants. On May 16, 2013, EPA also published
an accompanying proposed rulemaking to approve the SIP revision in the
event that EPA received adverse comments on the direct final
rulemaking. See 78 FR 28775.
In the direct final rulemaking, EPA explained that the Agency was
publishing the rule without prior proposal because the Agency viewed
the submittal as a non-controversial SIP amendment and anticipated no
adverse comments. Further, EPA explained that the Agency was publishing
a separate document in the proposed rules section of the Federal
Register to serve as the proposal to approve the SIP revision should an
adverse comment be filed. EPA also noted that the rules would be
effective on July 15, 2013, without further notice unless the Agency
received adverse comment by June 17, 2013. EPA explained that if the
Agency received such comments, then EPA would publish a document
withdrawing the final rule and informing the public that the rule would
not take effect. It was also explained that all public comments
received would then be addressed in a subsequent final rule based on
the proposed rule, and that EPA would not institute a second comment
period on these actions. The public was advised that if no comments
were received that the rules would be effective on July 15, 2013, with
no further actions on the proposed rule.
On May 23, 2013, EPA received a comment from a single commenter
that could be viewed as adverse with regard to the approval action that
EPA contemplated for the PM portion of the North Carolina SIP revision.
In summary, the commenter noted that the portion of North Carolina's
SIP revision related to the PM2.5 NAAQS that was addressed
in EPA's May 16, 2013, rulemaking actions did not reflect EPA's
December 2012 revision to this standard. The commenter recommended that
EPA approve the SIP as submitted and encourage North Carolina to update
its SIP to reflect the December 2012 update within a reasonable amount
of time. The commenter expressed support for EPA's approval of the
portions of the SIP revision that incorporated updates to the other
NAAQS subject to the May 16, 2013, rulemakings.
As result of this comment, EPA is withdrawing the direct final
action related solely to the PM portion of the North Carolina SIP
revision. Specifically, through today's action, EPA is withdrawing the
May 16, 2013, direct final approval of North Carolina's SIP submission
to update the PM NAAQS via incorporation of amended North Carolina
Rules 15A NCAC 02D .0410 ``PM2.5 Particulate Matter'' and
15A NCAC 02D .0409 ``PM10 Particulate Matter'' into the SIP.
As indicated in the direct final rulemaking, EPA's May 16, 2013,
proposed rulemaking approving North Carolina's SIP revision related to
the PM NAAQS is still in effect. The Agency is not opening an
additional comment period and will only consider the comments received
prior to June 17, 2013, the close of the public comment period. If EPA
determines that it is appropriate to finalize the proposed approval of
the North Carolina SIP revision related to the PM NAAQS, EPA will
publish a final rule which will include a response to the comment
received. In the event that EPA determines that it is not appropriate
to finalize the proposed approval related to the PM NAAQS, EPA may
issue a subsequent proposal with a different course of action.
Today's withdrawal action does not affect EPA's May 16, 2013,
direct final action on North Carolina's SIP revision related to the
ozone and lead NAAQS.
[[Page 41851]]
The SIP revision updating the ozone and lead NAAQS are approved and
updated North Carolina Rules 15A NCAC 02D .0405 and .0408 are
incorporated into the SIP as of the effective date of the May 16, 2013,
direct final action (July 15, 2013).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: June 28, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
Sec. 52.1770 [Amended]
For the reasons set forth in the preamble, EPA withdraws the
revision of the entries for .0409 and .0410 in Table 1 of Sec.
52.1770(c) published at 78 FR 28747 (May 16, 2013).
[FR Doc. 2013-16654 Filed 7-11-13; 8:45 am]
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