Approval and Promulgation of Implementation Plans North Carolina: Mecklenburg County Regulations, 52010-52012 [E7-17797]
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52010
Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
This proposed direct final rule does
not have Tribal implications. It will not
have substantial direct effects on Tribal
governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes,
as specified in Executive Order 13175.
This rule applies to the terms that
define the availability of use for federal
financial assistance for research and
demonstration grants. Thus, Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045—Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045 applies to any
rule that is determined to be: (1)
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, EPA must
evaluate the environmental health or
safety effects of the planned rule on
children; and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Order has
the potential to influence the regulation.
This proposed direct final rule is not
subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
jlentini on PROD1PC65 with RULES
H. Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use)
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355 (May 22, 2001)) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
Under section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA), EPA is required to use
voluntary consensus standards in its
regulatory activities unless to do so
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16:46 Sep 11, 2007
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would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures,
business practices, etc.) that are
developed or adopted by voluntary
consensus standards bodies. The
NTTAA requires EPA to provide
Congress, through the Office of
Management and Budget, an
explanation of the reasons for not using
such standards.
This proposed direct final rule does
not involve any technical standards.
Therefore, EPA did not consider the use
of any voluntary consensus standards.
J. Federal Actions To Address
Environmental Justice in Minority
Populations and Low-Income
Populations
Executive Order (EO) 12898 (59 FR
7629, Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed direct final rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations,
because it does not affect the level of
protection provided to human health or
the environment. This rule change
pertains to grant award and
administration matters.
K. Congressional Review Act
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 rule 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). This rule
will be effective November 13, 2007.
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List of Subjects in 40 CFR Part 40
Environmental protection,
Administrative practice and procedure,
Research and demonstration grants,
Grant programs—environmental
protection, Grant limitations, and
Reporting and recordkeeping
requirements.
Dated: September 6, 2007.
Stephen L. Johnson,
Administrator.
For the reasons set out in the
preamble, 40 CFR part 40 is amended as
follows:
I
PART 40—[AMENDED]
1. The authority citation for part 40 is
revised to read as follows:
I
Authority: 42 U.S.C. 1857 et seq.
§ 40.125–1
[Amended]
2. Section 40.125–1 is amended by
removing and reserving paragraph (a).
I
[FR Doc. E7–18000 Filed 9–11–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2005–NC–0004–200704(a);
FRL–8465–4]
Approval and Promulgation of
Implementation Plans North Carolina:
Mecklenburg County Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the North
Carolina State Implementation Plan
(SIP). On February 16, 2005, the North
Carolina Department of Environment
and Natural Resources submitted
revisions to the Mecklenburg County
Air Pollution Control Ordinance
(MCAPCO) to be incorporated into the
Mecklenburg County portion of the
North Carolina SIP. The revisions
include changes to MCAPCO 2.0902,
‘‘Applicability,’’ and 2.0933, ‘‘Petroleum
Liquid Storage in External Floating Roof
Tanks.’’ These changes were made to
maintain consistency with State and
federal regulations, and are part of
Mecklenburg County’s strategy to attain
and maintain the 8-hour ozone National
Ambient Air Quality Standard
(NAAQS), by reducing precursors to
ozone. EPA is approving this SIP
revision pursuant to section 110 of the
Clean Air Act (CAA).
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Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations
This direct final rule is effective
November 13, 2007 without further
notice, unless EPA receives adverse
comment by October 12, 2007. If
adverse comment is received, EPA 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–2005–NC–0004, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: hou.james@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2005–NC–
0004,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: James
Hou, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m.to 4:30 p.m., excluding
federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2005–
NC–0004. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
through https://www.regulations.gov or
e-mail, information that you consider to
be CBI or otherwise protected. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
jlentini on PROD1PC65 with RULES
DATES:
VerDate Aug<31>2005
16:11 Sep 11, 2007
Jkt 211001
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI 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 in https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning 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 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
James Hou, Regulatory Development
Section, Air Planning 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) 562–8965.
Mr. Hou can also be reached via
electronic mail at hou.james@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Analysis of State’s Submittal
On February 16, 2005, the North
Carolina Department of Environment
and Natural Resources submitted a SIP
revision including changes to the
MCAPCO, to be incorporated into the
Mecklenburg County portion of the
North Carolina SIP. The SIP revision
includes changes to MCAPCO 2.0902,
‘‘Applicability,’’ and 2.0933, ‘‘Petroleum
Liquid Storage in External Floating Roof
Tanks.’’ Specifically, the changes to
MCAPCO 2.0902 consist of a
recodification, which is essentially a
reorganization of the code, to remove
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52011
obsolete provisions. The change to
MCAPCA 2.0933 rewords a provision
that was already incorporated into the
SIP, and does not alter the meaning or
interpretation of that provision.
II. Final Action
EPA is approving the aforementioned
changes to the Mecklenburg County
portion of the North Carolina SIP,
because the revisions are consistent
with CAA and EPA regulatory
requirements. 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 November 13, 2007
without further notice unless the
Agency receives adverse comments by
October 12, 2007.
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 November 13,
2007 and no further action will be taken
on the proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
III. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
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52012
Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Public Law 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. As a result, the action does
not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This rule also is not subject to Executive
Order 13045 ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997), because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 November 13, 2007. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 27, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. Section 52.1770(c), Table 3 is
amended by revising entries for
‘‘2.0902’’ and ‘‘2.0933’’ to read as
follows:
I
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 3.—EPA APPROVED MECKLENBURG COUNTY REGULATIONS
State
effective date
State citation
Title/subject
*
2.0902 ..............
*
*
*
Applicability ........................................................................
*
*
10/16/2004 9/12/07 [Insert citation
of publication].
*
*
2.0933 ..............
*
*
*
Petroleum Liquid Storage In External Floating Roof
Tanks.
*
*
10/16/2004 9/12/07 [Insert citation
of publication].
*
*
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*
*
*
*
*
*
*
EPA approval date
*
*
*
[FR Doc. E7–17797 Filed 9–11–07; 8:45 am]
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Comments
*
]]>Agencies
[Federal Register Volume 72, Number 176 (Wednesday, September 12, 2007)]
[Rules and Regulations]
[Pages 52010-52012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17797]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2005-NC-0004-200704(a); FRL-8465-4]
Approval and Promulgation of Implementation Plans North Carolina:
Mecklenburg County Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
North Carolina State Implementation Plan (SIP). On February 16, 2005,
the North Carolina Department of Environment and Natural Resources
submitted revisions to the Mecklenburg County Air Pollution Control
Ordinance (MCAPCO) to be incorporated into the Mecklenburg County
portion of the North Carolina SIP. The revisions include changes to
MCAPCO 2.0902, ``Applicability,'' and 2.0933, ``Petroleum Liquid
Storage in External Floating Roof Tanks.'' These changes were made to
maintain consistency with State and federal regulations, and are part
of Mecklenburg County's strategy to attain and maintain the 8-hour
ozone National Ambient Air Quality Standard (NAAQS), by reducing
precursors to ozone. EPA is approving this SIP revision pursuant to
section 110 of the Clean Air Act (CAA).
[[Page 52011]]
DATES: This direct final rule is effective November 13, 2007 without
further notice, unless EPA receives adverse comment by October 12,
2007. If adverse comment is received, EPA 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-2005-NC-0004, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: hou.james@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2005-NC-0004,'' Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: James Hou, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m.to 4:30 p.m., excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2005-NC-0004. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http:/
/www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in https://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning 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 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: James Hou, Regulatory Development
Section, Air Planning 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)
562-8965. Mr. Hou can also be reached via electronic mail at
hou.james@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Analysis of State's Submittal
On February 16, 2005, the North Carolina Department of Environment
and Natural Resources submitted a SIP revision including changes to the
MCAPCO, to be incorporated into the Mecklenburg County portion of the
North Carolina SIP. The SIP revision includes changes to MCAPCO 2.0902,
``Applicability,'' and 2.0933, ``Petroleum Liquid Storage in External
Floating Roof Tanks.'' Specifically, the changes to MCAPCO 2.0902
consist of a recodification, which is essentially a reorganization of
the code, to remove obsolete provisions. The change to MCAPCA 2.0933
rewords a provision that was already incorporated into the SIP, and
does not alter the meaning or interpretation of that provision.
II. Final Action
EPA is approving the aforementioned changes to the Mecklenburg
County portion of the North Carolina SIP, because the revisions are
consistent with CAA and EPA regulatory requirements. 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 November 13, 2007 without further
notice unless the Agency receives adverse comments by October 12, 2007.
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 November 13, 2007 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small
[[Page 52012]]
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule approves pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. As a result, the action does not
alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 November 13, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: August 27, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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(c), Table 3 is amended by revising entries for
``2.0902'' and ``2.0933'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
Table 3.--EPA Approved Mecklenburg County Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
2.0902........................ Applicability............ 10/16/2004 9/12/07 [Insert citation of
publication].
* * * * * * *
2.0933........................ Petroleum Liquid Storage 10/16/2004 9/12/07 [Insert citation of
In External Floating publication].
Roof Tanks.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-17797 Filed 9-11-07; 8:45 am]
BILLING CODE 6560-50-P?>
