Approval and Promulgation of Implementation Plans; North Carolina; State Implementation Plan Miscellaneous Revisions, 28747-28749 [2013-11562]
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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations
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[FR Doc. 2013–11567 Filed 5–15–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0602; FRL–9813–5]
Approval and Promulgation of
Implementation Plans; North Carolina;
State Implementation Plan
Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct Final Rule.
AGENCY:
EPA is taking direct final
action to approve a portion of a revision
to the North Carolina State
Implementation Plan (SIP) submitted on
February 3, 2010, through the North
Carolina Department of Environment
and Natural Resources (NC DENR). This
revision updates the North Carolina SIP
to reflect EPA’s current national
ambient air quality standards for ozone,
lead, and particulate matter found in the
Code of Federal Regulations.
DATES: This direct final rule is effective
July 15, 2013 without further notice,
unless EPA receives adverse comment
by June 17, 2013. 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–2007–0602, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2007–0602,
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: 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 to 4:30, excluding federal
holidays.
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SUMMARY:
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Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2007–
0602. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
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 email comment directly
to EPA without going through
www.regulations.gov, your email
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
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 www.regulations.gov or
in hard copy at the 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
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28747
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Quality Modeling
and Transportation 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. Ms.
Sheckler’s telephone number is 404–
562–9222. She can also be reached via
electronic mail at
Sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the State’s Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Sections 108 and 109 of the CAA
govern the establishment, review, and
revision, as appropriate, of the NAAQS
to protect public health and welfare.
The CAA requires periodic review of the
air quality criteria—the science upon
which the standards are based—and the
standards themselves. EPA’s regulatory
provisions that govern the NAAQS are
found at 40 CFR 50—National Primary
and Secondary Ambient Air Quality
Standards. In this rulemaking, EPA is
proposing to approve a portion of North
Carolina’s February 3, 2010, submission
amending the State’s NAAQS table for
ozone, lead and particulate matter that
are found at 15A NCAC 02D .0405,
.0408, .0409, and .0410. The SIP
submittal amending North Carolina’s
rules to incorporate the NAAQS can be
found in the Docket for this proposed
rulemaking at www.regulations.gov and
are summarized below. The remainder
of North Carolina’s February 3, 2010,
SIP revision is being considered in a
separate rulemaking.
II. Analysis of the State’s Submittal
a. Ozone
On March 27, 2008, EPA revised the
primary and secondary NAAQS for the
8-hour ozone to 75 parts per billion
(ppb) to provide increased protection of
public health and welfare, respectively.
See 73 FR 16436. Accordingly, in a
February 3, 2010, SIP submission, North
Carolina updated state rule 15A NCAC
02D .0405 ‘‘Ozone’’ to update the
definition for ozone to be consistent
with the 8-hour ozone NAAQS that
were promulgated in 2008. EPA has
reviewed this revision to North
Carolina’s rule for ozone and has made
the determination that this change is
consistent with federal regulations; thus
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EPA is approving this change to North
Carolina’s SIP.
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b. Lead
On November 12, 2008, EPA revised
the lead NAAQS from 1.5 micrograms
per cubic meter (mg/m3) to 0.15 mg/m3
based on a rolling 3-month average for
both the primary and secondary
standards. See 73 FR 66964.
Accordingly, in a February 3, 2010, SIP
submission, North Carolina updated
state rule 15A NCAC 02D .0408 ‘‘Lead’’
to update the definition for lead to be
consistent with the NAAQS that were
promulgated in 2008. EPA has reviewed
this revision to North Carolina’s rule for
lead and has made the determination
that this change is consistent with
federal regulations; thus, EPA is
approving this change to North
Carolina’s SIP.
c. Particulate Matter
On October 17, 2006, EPA retained
the annual average NAAQS at 15 mg/m3
but revised the 24-hour NAAQS to 35
mg/m3, based again on the 3-year average
of the 98th percentile of 24-hour
concentrations. Under EPA regulations
at 40 CFR part 50, the primary and
secondary 2006 24-hour PM2.5 NAAQS
are attained when the annual arithmetic
mean concentration, as determined in
accordance with 40 CFR part 50,
Appendix N, is less than or equal to 35
mg/m3 at all relevant monitoring sites in
the subject area over a 3-year period.
See 71 FR 61144. Accordingly, in a
February 3, 2010, SIP submission, North
Carolina updated state rule 15A NCAC
02D .0410 ‘‘PM2.5 Particulate Matter’’ to
update the definition for 24-hour PM2.5
NAAQS to be consistent with the
NAAQS that were promulgated in 2006.
EPA has reviewed this revision to North
Carolina’s rule for the 24-hour PM2.5
NAAQS and has made the
determination that this change is
consistent with federal regulations;
thus, EPA is approving this change to
North Carolina’s SIP.
Additionally, on October 17, 2006,
EPA revoked the PM10 annual NAAQS
of 50 mg/m3, while keeping in place the
24-hour PM10 NAAQS of 150 mg/m3. See
71 FR 61144. Accordingly, in a February
3, 2010, SIP submission, North Carolina
updated state rule 15A NCAC 02D .0409
‘‘PM10 Particulate Matter’’ to update the
definition for the PM10 NAAQS to be
consistent with the NAAQS that were
promulgated in 2006. EPA has reviewed
this revision to North Carolina’s rule for
the 24-hour PM10 NAAQS and has made
the determination that this change is
consistent with federal regulations;
thus, EPA is approving this change to
North Carolina’s SIP.
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III. Final Action
EPA is approving the aforementioned
changes to the State of North Carolina
SIP, because it is consistent with EPA’s
standards for ozone, lead and
particulate matter. 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 15, 2013 without further
notice unless the Agency receives
adverse comments by June 17, 2013.
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 15, 2013
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.
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);
• 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
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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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not 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 July 15, 2013. 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
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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations
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).
Authority: 42.U.S.C. 7401 et seq.
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate Matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Subpart II—North Carolina
2. Section 52.1770 (c) is amended
under Table 1, at Subchapter 2D Air
Pollution Control Requirements, Section
.0400 Ambient Air Quality Standards by
revising the entries for ‘‘.0405,’’ ‘‘.0408,’’
‘‘.0409’’ and ‘‘.0410’’ to read as follows:
■
Dated: May 1, 2013.
A. Stanley Meiburg,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
§ 52.1770
PART 52—[AMENDED]
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
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1. The authority citation for part 52
continues to read as follows:
■
Identification of plan .
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EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
State effective
date
Title/subject
EPA approval date
Explanation
Subchapter 2D Air Pollution Control Requirements
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Section .0400 Ambient Air Quality Standards
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Section .0405 .......................... Ozone ....................................
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1/1/2010
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5/16/2013 [Insert citation of
publication].
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Section .0408 .......................... Lead .......................................
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1/1/2010
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Section .0409 ..........................
Particulate Matter ...................
1/1/2010
Section .0410 ..........................
PM2.5 Particulate Matter ........
1/1/2010
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5/16/2013 [Insert citation of
publication].
5/16/2013 [Insert citation of
publication].
5/16/2013 [Insert citation of
publication].
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BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WP Docket No. 07–100, FCC 13–52]
Private Land Mobile Radio Stations
Below 800 MHz
Federal Communications
Commission.
ACTION: Final rule.
In this document, the Federal
Communications Commission
(Commission) amends its rules
regarding private land mobile radio
(PLMR) licensing, including increasing
the power limit for end-of-train devices,
modifying trunking rules for PLMR
stations below 800 MHz, and permitting
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Effective June 17, 2013 except for
amendments to §§ 90.187 and 90.425,
which contain information collection
requirements that are not effective until
approved by the Office of Management
and Budget (OMB). The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date.
DATES:
AGENCY:
VerDate Mar<15>2010
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digital transmission of station
identification by PLMR station with
exclusive use of their spectrum, as
addressed in the Second Further Notice
of Proposed Rulemaking and Order in
this proceeding. This proceeding is part
of our continuing effort to provide clear
and concise rules that facilitate new
wireless technologies, devices and
services, and are easy for the public to
understand.
*
[FR Doc. 2013–11562 Filed 5–15–13; 8:45 am]
SUMMARY:
*
FOR FURTHER INFORMATION CONTACT:
Rodney P. Conway, at
Rodney.Conway@FCC.gov, Wireless
Telecommunications Bureau, (202) 418–
2904, or TTY (202) 418–7233.
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This is a
summary of the Commission’s Fifth
Report and Order in WP Docket No. 07–
100, FCC 13–52, adopted on April 16,
2013, and released April 18, 2013. The
full text of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center, 445 12th Street SW.,
Washington, DC 20554. The complete
text may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: www.fcc.gov.
Alternative formats are available to
persons with disabilities by sending an
email to fcc504@fcc.gov or by calling the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
1. In the Second Report and Order, at
75 FR 19277, April 14, 2010, in this
proceeding, the Commission adopted
various changes to the rules regarding
SUPPLEMENTARY INFORMATION:
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[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28747-28749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11562]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0602; FRL-9813-5]
Approval and Promulgation of Implementation Plans; North
Carolina; State Implementation Plan Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final Rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a portion of a
revision to the North Carolina State Implementation Plan (SIP)
submitted on February 3, 2010, through the North Carolina Department of
Environment and Natural Resources (NC DENR). This revision updates the
North Carolina SIP to reflect EPA's current national ambient air
quality standards for ozone, lead, and particulate matter found in the
Code of Federal Regulations.
DATES: This direct final rule is effective July 15, 2013 without
further notice, unless EPA receives adverse comment by June 17, 2013.
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-2007-0602, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2007-0602, 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: 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 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2007-0602. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov, your
email 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
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 www.regulations.gov or
in hard copy at the 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: Kelly Sheckler, Air Quality Modeling
and Transportation 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. Ms.
Sheckler's telephone number is 404-562-9222. She can also be reached
via electronic mail at Sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Sections 108 and 109 of the CAA govern the establishment, review,
and revision, as appropriate, of the NAAQS to protect public health and
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards
themselves. EPA's regulatory provisions that govern the NAAQS are found
at 40 CFR 50--National Primary and Secondary Ambient Air Quality
Standards. In this rulemaking, EPA is proposing to approve a portion of
North Carolina's February 3, 2010, submission amending the State's
NAAQS table for ozone, lead and particulate matter that are found at
15A NCAC 02D .0405, .0408, .0409, and .0410. The SIP submittal amending
North Carolina's rules to incorporate the NAAQS can be found in the
Docket for this proposed rulemaking at www.regulations.gov and are
summarized below. The remainder of North Carolina's February 3, 2010,
SIP revision is being considered in a separate rulemaking.
II. Analysis of the State's Submittal
a. Ozone
On March 27, 2008, EPA revised the primary and secondary NAAQS for
the 8-hour ozone to 75 parts per billion (ppb) to provide increased
protection of public health and welfare, respectively. See 73 FR 16436.
Accordingly, in a February 3, 2010, SIP submission, North Carolina
updated state rule 15A NCAC 02D .0405 ``Ozone'' to update the
definition for ozone to be consistent with the 8-hour ozone NAAQS that
were promulgated in 2008. EPA has reviewed this revision to North
Carolina's rule for ozone and has made the determination that this
change is consistent with federal regulations; thus
[[Page 28748]]
EPA is approving this change to North Carolina's SIP.
b. Lead
On November 12, 2008, EPA revised the lead NAAQS from 1.5
micrograms per cubic meter ([micro]g/m\3\) to 0.15 [micro]g/m\3\ based
on a rolling 3-month average for both the primary and secondary
standards. See 73 FR 66964. Accordingly, in a February 3, 2010, SIP
submission, North Carolina updated state rule 15A NCAC 02D .0408
``Lead'' to update the definition for lead to be consistent with the
NAAQS that were promulgated in 2008. EPA has reviewed this revision to
North Carolina's rule for lead and has made the determination that this
change is consistent with federal regulations; thus, EPA is approving
this change to North Carolina's SIP.
c. Particulate Matter
On October 17, 2006, EPA retained the annual average NAAQS at 15
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again
on the 3-year average of the 98th percentile of 24-hour concentrations.
Under EPA regulations at 40 CFR part 50, the primary and secondary 2006
24-hour PM2.5 NAAQS are attained when the annual arithmetic
mean concentration, as determined in accordance with 40 CFR part 50,
Appendix N, is less than or equal to 35 [micro]g/m\3\ at all relevant
monitoring sites in the subject area over a 3-year period. See 71 FR
61144. Accordingly, in a February 3, 2010, SIP submission, North
Carolina updated state rule 15A NCAC 02D .0410 ``PM2.5
Particulate Matter'' to update the definition for 24-hour
PM2.5 NAAQS to be consistent with the NAAQS that were
promulgated in 2006. EPA has reviewed this revision to North Carolina's
rule for the 24-hour PM2.5 NAAQS and has made the
determination that this change is consistent with federal regulations;
thus, EPA is approving this change to North Carolina's SIP.
Additionally, on October 17, 2006, EPA revoked the PM10
annual NAAQS of 50 [mu]g/m\3\, while keeping in place the 24-hour
PM10 NAAQS of 150 [mu]g/m\3\. See 71 FR 61144. Accordingly,
in a February 3, 2010, SIP submission, North Carolina updated state
rule 15A NCAC 02D .0409 ``PM10 Particulate Matter'' to
update the definition for the PM10 NAAQS to be consistent
with the NAAQS that were promulgated in 2006. EPA has reviewed this
revision to North Carolina's rule for the 24-hour PM10 NAAQS
and has made the determination that this change is consistent with
federal regulations; thus, EPA is approving this change to North
Carolina's SIP.
III. Final Action
EPA is approving the aforementioned changes to the State of North
Carolina SIP, because it is consistent with EPA's standards for ozone,
lead and particulate matter. 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 15, 2013 without further notice unless the Agency receives adverse
comments by June 17, 2013.
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 15, 2013 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. 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);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not 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 July 15, 2013. 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
[[Page 28749]]
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, Nitrogen
dioxide, Ozone, Particulate Matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: May 1, 2013.
A. Stanley Meiburg,
Regional Administrator, Region 4.
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) is amended under Table 1, at Subchapter 2D Air
Pollution Control Requirements, Section .0400 Ambient Air Quality
Standards by revising the entries for ``.0405,'' ``.0408,'' ``.0409''
and ``.0410'' to read as follows:
Sec. 52.1770 Identification of plan .
* * * * *
(c)* * *
EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section .0405.................... Ozone.............. 1/1/2010 5/16/2013 [Insert ...................
citation of
publication].
* * * * * * *
Section .0408.................... Lead............... 1/1/2010 5/16/2013 [Insert ...................
citation of
publication].
Section .0409.................... Particulate Matter. 1/1/2010 5/16/2013 [Insert ...................
citation of
publication].
Section .0410.................... PM2.5 Particulate 1/1/2010 5/16/2013 [Insert ...................
Matter. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-11562 Filed 5-15-13; 8:45 am]
BILLING CODE 6560-50-P
