Air Plan Approval; North Carolina Repeal of Transportation Facilities Rules, 22086-22088 [2017-09539]
Download as PDF
22086
Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.670
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Subpart N—Idaho
Identification of plan.
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(c) * * *
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2. In § 52.670, the table in paragraph
(c) is amended by revising entries ‘‘107’’
and ‘‘200’’ to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED IDAHO REGULATIONS AND STATUTES
State citation
State
effective
date
Title/subject
EPA
approval
date
Explanations
Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho
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107 ...................
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Incorporation by Reference.
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3/25/2016, 3/20/2014,
3/30/2007, 7/1/1997,
5/1/1994.
*
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5/12/2017, [insert Federal Register citation].
*
200 ...................
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Procedures and Requirements for Permits to Construct.
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3/25/2016 .....................
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5/12/2017, [insert Federal Register citation].
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This direct final rule is effective
July 11, 2017 without further notice,
unless EPA receives adverse comment
by June 12, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Air Plan Approval; North Carolina
Repeal of Transportation Facilities
Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is taking action
to approve a State Implementation Plan
(SIP) revision, submitted by the North
Carolina Department of Environmental
Quality through the Division of Air
Quality (DAQ) on September 16, 2016,
for the purpose of removing the
statewide transportation facilities rules.
The State provided a Clean Air Act
section 110(l) noninterference
demonstration establishing that removal
of the North Carolina transportation
facilities rules will not interfere with the
maintenance of the 8-hour carbon
monoxide standard or any other
national ambient air quality standards
(NAAQS). EPA is approving this SIP
revision because the DAQ has
demonstrated that it is consistent with
the Clean Air Act (CAA or Act).
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SUMMARY:
16:29 May 11, 2017
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0614 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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 (i.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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
[EPA–R04–OAR–2016–0614; FRL–9961–74–
Region 4]
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FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
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DATES:
[FR Doc. 2017–09542 Filed 5–11–17; 8:45 am]
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Except Section 107.03.f through 107.03.p, and
with respect to 107.03.a the incorporation by
reference of 40 CFR 51.165.
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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. The
telephone number is (404) 562–9222.
Ms. Sheckler can also be reached via
electronic mail at sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In 1978, EPA designated Mecklenburg
County, North Carolina (hereinafter the
‘‘Charlotte Area’’) as nonattainment for
the NAAQS for carbon monoxide (CO).
Then, under the CAA amendments of
1990, the Charlotte Area was designated
as ‘‘not-classifiable’’ and had five years
to attain the CO NAAQS (i.e., November
15, 1995). On November 15, 1990,
Durham and Wake Counties (hereinafter
the ‘‘Raleigh-Durham/Chapel Hill
Area’’) and Forsyth County (hereinafter
the ‘‘Winston-Salem Area’’) in North
Carolina were designated as ‘‘moderate’’
nonattainment and had until December
31, 1995, to attain the standard.
In April 1994, DAQ submitted a
request to EPA to redesignate the
Winston-Salem Area to attainment
status, and in November 1994, EPA
approved the maintenance plan for CO
(59 FR 48402), and redesignated the area
to attainment/maintenance for CO. Next,
in 1995, EPA approved the Charlotte
and Raleigh-Durham/Chapel Hill Areas’
maintenance plans for CO and
redesignated the area to attainment/
maintenance for CO (60 FR 39262). In
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2015, these areas completed the 20-year
maintenance periods, and EPA
redesignated them to attainment.
North Carolina adopted the
transportation facility rules on
November 15, 1973, pursuant to the
federal requirement (40 CFR part 51.18)
to control emissions from indirect
(complex) sources. North Carolina
identifies transportation facilities as
complex sources in its rules (N.C.G.S.
143–213(22)) and includes any facilities
that cause increased emissions from
motor vehicles. In 1974, EPA suspended
the indirect source review programs,
including 40 CFR part 51.18. The 1977
CAA amendments codified this
suspension in section 110(a)(5)(A)(i);
this suspension allowed states to
include indirect source review
regulations in their State
Implementation Plans (61 FR 3584; 62
FR 41277; 63 FR 72193; 64 FR 61213),
but EPA could not require them as a
condition of its approval of the SIP.
In 2013, the North Carolina General
Assembly enacted Session Law 2013–
2014 that sought to streamline the
regulatory process and eliminate
unnecessary regulation. The State
Environmental Management
Commission recommended repealing
the transportation facility rules in 15A
NCAC 02D .0800—Complex Sources
and 02Q .0600—Transportation
Facilities Procedures. The
transportation facility rules are aimed at
addressing CO emissions, and North
Carolina does not have any CO
nonattainment areas. As a result, DAQ
proposes to repeal the transportation
facilities rule.
II. Analysis of State’s Submittal
Section 110(l) of the CAA requires
that a revision to the SIP not interfere
with any applicable requirement
concerning attainment and reasonable
further progress (RFP) (as defined in
section 171), or any other applicable
requirement of the Act. EPA evaluates
each section 110(l) noninterference
demonstration on a case-by-case basis
considering the circumstances of each
SIP revision. DAQ provided a
demonstration that shows that the
repeal of the statewide North Carolina
transportation facilities rules will not
interfere with the maintenance of the
CO standards or any other NAAQS or
other CAA requirement. The rules,
which are focused on addressing CO
emissions, offer no environmental
benefit to the State now that it no longer
has any CO nonattainment areas. The
Charlotte, Raleigh-Durham/Chapel Hill
and Winston-Salem Areas have been
redesignated to maintenance (60 FR
39262 and 59 FR 48402), and the
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monitoring data for CO in 2016 shows
that all three areas are well below the 8hour CO standard. The complex sources
(transportation facilities) rules do not
set requirements for any other NAAQS,
including ozone, particulate matter,
sulfur dioxide, nitrogen dioxide and
lead, and therefore, removing the
transportation facilities rules in 15A
NCAC 02D .0800—Complex Sources
and 02Q .0600—Transportation
Facilities Procedures would not result
in violations of the NAAQS.
III. Final Action
EPA is approving the aforementioned
changes to remove 15A NCAC 02D
.0800—Complex Sources and 02Q
.0600—Transportation Facilities
Procedures, from the SIP for North
Carolina. EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective July 11, 2017
without further notice unless the
Agency receives adverse comments by
June 12, 2017.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on July 11, 2017
and no further action will be taken on
the proposed rule.
IV. 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:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
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22087
Executive Order 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).
In addition, 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
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Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
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 July 11, 2017. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 31, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
§ 52.1770
[Amended]
2. Section 52.1770(c), Table 1 is
amended:
■ a. Under ‘‘Subchapter 2D Air
Pollution Control Requirements’’ by
removing the heading ‘‘Section .0800
Complex Sources’’ and the entries ‘‘Sect
.0801’’ through ‘‘Sect .0806’’; and
■ b. Under ‘‘Subchapter 2Q Air Quality
Permits’’ by removing the heading
‘‘Section .0600 Transportation Facility
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■
VerDate Sep<11>2014
16:29 May 11, 2017
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Procedures’’ and the entries ‘‘Sect
.0601’’ through ‘‘Sect .0607’’.
[FR Doc. 2017–09539 Filed 5–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 704
[EPA–HQ–OPPT–2010–0572; FRL–9962–58]
RIN 2070–AK39
Chemical Substances When
Manufactured or Processed as
Nanoscale Materials; TSCA Reporting
and Recordkeeping Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule; delay of effective
date.
AGENCY:
EPA is hereby extending the
effective date of the final rule that
appeared in the Federal Register of
January 12, 2017, and established final
reporting and recordkeeping
requirements for certain chemical
substances when they are manufactured
or processed at the nanoscale as
described in that rule.
DATES: The effective date of the final
rule that appeared in the Federal
Register of January 12, 2017 (82 FR
3641), is delayed from May 12, 2017, to
August 14, 2017.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2010–0572, is
available electronically at https://
www.regulations.gov or in person at the
Office of Pollution Prevention and
Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Jim
Alwood, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8974; email address:
alwood.jim@epa.gov.
SUMMARY:
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For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is the Agency taking?
EPA is extending the effective date for
a final rule that appeared in the Federal
Register of January 12, 2017 (82 FR
3641; FRL–9957–81) from May 12, 2017
to August 14, 2017. That rule
established final reporting and
recordkeeping requirements for certain
chemical substances when they are
manufactured or processed at the
nanoscale as described in that rule.
Specifically, the rule requires persons
that manufacture (defined by statute to
include import) or process, or intend to
manufacture or process these chemical
substances to electronically report to
EPA certain information, which
includes insofar as known to or
reasonably ascertainable by the person
making the report, the specific chemical
identity, production volume, methods of
manufacture and processing, exposure
and release information, and existing
information concerning environmental
and health effects. The rule involves
one-time reporting for existing discrete
forms of certain nanoscale materials,
and a standing one-time reporting
requirement for new discrete forms of
certain nanoscale materials before those
new forms are manufactured or
processed.
Section 553(b)(1)(B) of the
Administrative Procedure Act, 5 U.S.C.
553(b)(1)(B), allows an action to be
taken without opportunity for notice or
comment when the agency for good
cause finds that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest. In addition, Section 553(d)(3),
5 U.S.C. 553(d)(3), allows the effective
date of an action to be less than 30 days
when a good cause finding is made.
Because of the complex issues regarding
reporting requirements of the rule and
the immediate pendency of the effective
date of the reporting requirements, it
would be impractical to make the
effective date of this extension 30 days
after its publication, and it would be
impractical to get public comments on
an extension of the effective date of the
rule. In addition, the public interest is
served by complete and accurate
reporting under the rule, which would
be greatly facilitated by publication of
the guidance. Therefore, EPA finds good
cause to extend the effective date of the
rule without notice and comment.
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Agencies
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22086-22088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09539]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0614; FRL-9961-74-Region 4]
Air Plan Approval; North Carolina Repeal of Transportation
Facilities Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
action to approve a State Implementation Plan (SIP) revision, submitted
by the North Carolina Department of Environmental Quality through the
Division of Air Quality (DAQ) on September 16, 2016, for the purpose of
removing the statewide transportation facilities rules. The State
provided a Clean Air Act section 110(l) noninterference demonstration
establishing that removal of the North Carolina transportation
facilities rules will not interfere with the maintenance of the 8-hour
carbon monoxide standard or any other national ambient air quality
standards (NAAQS). EPA is approving this SIP revision because the DAQ
has demonstrated that it is consistent with the Clean Air Act (CAA or
Act).
DATES: This direct final rule is effective July 11, 2017 without
further notice, unless EPA receives adverse comment by June 12, 2017.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0614 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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 (i.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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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. The telephone number is (404) 562-9222. Ms. Sheckler can
also be reached via electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In 1978, EPA designated Mecklenburg County, North Carolina
(hereinafter the ``Charlotte Area'') as nonattainment for the NAAQS for
carbon monoxide (CO). Then, under the CAA amendments of 1990, the
Charlotte Area was designated as ``not-classifiable'' and had five
years to attain the CO NAAQS (i.e., November 15, 1995). On November 15,
1990, Durham and Wake Counties (hereinafter the ``Raleigh-Durham/Chapel
Hill Area'') and Forsyth County (hereinafter the ``Winston-Salem
Area'') in North Carolina were designated as ``moderate'' nonattainment
and had until December 31, 1995, to attain the standard.
In April 1994, DAQ submitted a request to EPA to redesignate the
Winston-Salem Area to attainment status, and in November 1994, EPA
approved the maintenance plan for CO (59 FR 48402), and redesignated
the area to attainment/maintenance for CO. Next, in 1995, EPA approved
the Charlotte and Raleigh-Durham/Chapel Hill Areas' maintenance plans
for CO and redesignated the area to attainment/maintenance for CO (60
FR 39262). In
[[Page 22087]]
2015, these areas completed the 20-year maintenance periods, and EPA
redesignated them to attainment.
North Carolina adopted the transportation facility rules on
November 15, 1973, pursuant to the federal requirement (40 CFR part
51.18) to control emissions from indirect (complex) sources. North
Carolina identifies transportation facilities as complex sources in its
rules (N.C.G.S. 143-213(22)) and includes any facilities that cause
increased emissions from motor vehicles. In 1974, EPA suspended the
indirect source review programs, including 40 CFR part 51.18. The 1977
CAA amendments codified this suspension in section 110(a)(5)(A)(i);
this suspension allowed states to include indirect source review
regulations in their State Implementation Plans (61 FR 3584; 62 FR
41277; 63 FR 72193; 64 FR 61213), but EPA could not require them as a
condition of its approval of the SIP.
In 2013, the North Carolina General Assembly enacted Session Law
2013-2014 that sought to streamline the regulatory process and
eliminate unnecessary regulation. The State Environmental Management
Commission recommended repealing the transportation facility rules in
15A NCAC 02D .0800--Complex Sources and 02Q .0600--Transportation
Facilities Procedures. The transportation facility rules are aimed at
addressing CO emissions, and North Carolina does not have any CO
nonattainment areas. As a result, DAQ proposes to repeal the
transportation facilities rule.
II. Analysis of State's Submittal
Section 110(l) of the CAA requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
reasonable further progress (RFP) (as defined in section 171), or any
other applicable requirement of the Act. EPA evaluates each section
110(l) noninterference demonstration on a case-by-case basis
considering the circumstances of each SIP revision. DAQ provided a
demonstration that shows that the repeal of the statewide North
Carolina transportation facilities rules will not interfere with the
maintenance of the CO standards or any other NAAQS or other CAA
requirement. The rules, which are focused on addressing CO emissions,
offer no environmental benefit to the State now that it no longer has
any CO nonattainment areas. The Charlotte, Raleigh-Durham/Chapel Hill
and Winston-Salem Areas have been redesignated to maintenance (60 FR
39262 and 59 FR 48402), and the monitoring data for CO in 2016 shows
that all three areas are well below the 8-hour CO standard. The complex
sources (transportation facilities) rules do not set requirements for
any other NAAQS, including ozone, particulate matter, sulfur dioxide,
nitrogen dioxide and lead, and therefore, removing the transportation
facilities rules in 15A NCAC 02D .0800--Complex Sources and 02Q .0600--
Transportation Facilities Procedures would not result in violations of
the NAAQS.
III. Final Action
EPA is approving the aforementioned changes to remove 15A NCAC 02D
.0800--Complex Sources and 02Q .0600--Transportation Facilities
Procedures, from the SIP for North Carolina. EPA is publishing this
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments.
However, in the proposed rules section of this Federal Register
publication, EPA is publishing a separate document that will serve as
the proposal to approve the SIP revision should adverse comments be
filed. This rule will be effective July 11, 2017 without further notice
unless the Agency receives adverse comments by June 12, 2017.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on July 11, 2017 and no
further action will be taken on the proposed rule.
IV. 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:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
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).
In addition, 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
[[Page 22088]]
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 July 11, 2017. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 31, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
0
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
Sec. 52.1770 [Amended]
0
2. Section 52.1770(c), Table 1 is amended:
0
a. Under ``Subchapter 2D Air Pollution Control Requirements'' by
removing the heading ``Section .0800 Complex Sources'' and the entries
``Sect .0801'' through ``Sect .0806''; and
0
b. Under ``Subchapter 2Q Air Quality Permits'' by removing the heading
``Section .0600 Transportation Facility Procedures'' and the entries
``Sect .0601'' through ``Sect .0607''.
[FR Doc. 2017-09539 Filed 5-11-17; 8:45 am]
BILLING CODE 6560-50-P