[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Rules and Regulations]
[Pages 70968-70970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24778]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0362; FRL-9954-09-Region 4]
Air Plan Approval; NC Infrastructure Requirements for the 2010 1-
hour NO2 NAAQS
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the State Implementation Plan (SIP) submission,
submitted by the State of North Carolina, through the North Carolina
Department of Environmental Quality, Division of Air Quality (NCDAQ) on
August 23, 2013, to demonstrate that the State meets certain
infrastructure requirements of the Clean Air Act (CAA or Act) for the
2010 1-hour nitrogen dioxide (NO2) national ambient air
quality standards (NAAQS). The CAA requires that each state adopt and
submit a SIP for the implementation, maintenance and enforcement of
each NAAQS promulgated by EPA, which is commonly referred to as an
``infrastructure'' SIP. NCDAQ certified that the North Carolina SIP
contains provisions that ensure the 2010 1-hour NO2 NAAQS is
implemented, enforced, and maintained in North Carolina. EPA has
determined that North Carolina's infrastructure SIP submission,
provided to EPA on August 23, 2013, satisfies certain required
infrastructure elements for the 2010 1-hour NO2 NAAQS.
DATES: This rule is effective November 14, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0362. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, 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. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-8726. Mr. Richard Wong can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On January 22, 2010 (published at 75 FR 6474, February 9, 2010),
EPA promulgated a new 1-hour primary NAAQS for NO2 at a
level of 100 parts per billion (ppb), based on a 3-year average of the
98th percentile of the yearly distribution of 1-hour daily maximum
concentrations. Pursuant to section 110(a)(1) of the CAA, states are
required to submit SIPs meeting the requirements of section 110(a)(2)
within three years after promulgation of a new or revised NAAQS or
within such shorter period as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP elements such as requirements for
monitoring, basic program requirements and legal authority that are
designed to assure attainment and maintenance of the NAAQS. States were
required to submit such SIPs for the 2010 NO2 NAAQS to EPA
no later than January 22, 2013.
In a proposed rulemaking published on July 20, 2016 (81 FR 47115),
EPA proposed to approve North Carolina's 2010 1-hour NO2
NAAQS infrastructure SIP submission submitted on August 23, 2013, with
the exception of the elements related to state boards of section
110(a)(2)(E)(ii), the PSD permitting requirements for major sources of
sections 110(a)(2)(C), and (J), and the interstate requirements of
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4). On November 13, 2015,
EPA approved North Carolina's August 23, 2013, infrastructure SIP
submission regarding the state boards requirements of sections
110(a)(2)(E)(ii). See 80 FR 67645. On May 10, 2016 (81 FR 28797), EPA
proposed to approve in part and disapprove in part, North Carolina's
December 4, 2015, infrastructure SIP submission regarding the PSD
permitting requirements for major sources of sections 110(a)(2)(C),
prong 3 of D(i) and (J) for the 2012 Annual PM2.5 NAAQS.
Today EPA is not taking final action pertaining to sections
110(a)(2)(C), prong 3 of D(i) and (J) for North Carolina for the 2010
1-hour NO2 NAAQS but instead will consider final action of
these elements in a separate rulemaking. Additionally, on June 3, 2016,
EPA finalized a rule related to the prong 4 element of North Carolina's
August 23, 2013, SIP submission for the 2010 1-hour NO2
NAAQS. See 81 FR 35634. With respect to the interstate transport
requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), North
Carolina provided a separate submission and EPA is considering action
related to these provisions through a separate rulemaking. The details
of North Carolina's submission and the rationale for EPA's actions for
this final rulemaking are explained in the July 20, 2016, proposed
rulemaking. Comments on the proposed rulemaking were due on or before
August 19, 2016. EPA received no adverse comments on the proposed
action.
II. Final Action
With the exception of the elements related to state boards of
section 110(a)(2)(E)(ii), the PSD permitting requirements for major
sources of sections 110(a)(2)(C), and (J), and the interstate
requirements of 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), EPA
is taking final action to approve North Carolina's infrastructure SIP
submission for the 2010 1-hour NO2 NAAQS submitted on August
23, 2013. EPA is taking final action to approve North Carolina's
infrastructure SIP submission for the 2010 1-hour NO2 NAAQS
because the submission is consistent with section 110 of the CAA.
III. 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. Accordingly, 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:
[[Page 70969]]
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. 104-4);
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 safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National 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
does 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 13, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: October 3, 2016.
Heather McTeer Toney
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. Section 52.1770(e), is amended by adding an entry for ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 1-hour NO2
NAAQS'' at the end of the table to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
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State effective EPA approval Federal Register
Provision date date citation Explanation
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* * * * * * *
110(a)(1) and (2) Infrastructure August 23, 2013.... 10/14/16 [Insert citation of With the exception
Requirements for the 2010 1- publication]. of sections:
hour NO2 NAAQS. 110(a)(2)(E)(ii)
concerning state
boards;
110(a)(2)(C) and
(J) concerning PSD
permitting
requirements; and
110(a)(2)(D)(i)(I)
and (II) (prongs 1
through 4)
concerning
interstate
transport
requirements.
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[FR Doc. 2016-24778 Filed 10-13-16; 8:45 am]
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