Approval and Promulgation of Implementation Plans; North Carolina; Removal of Stage II Gasoline Vapor Recovery Program, 58184-58186 [2013-22965]
Download as PDF
<![CDATA[
58184
Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations
(d) The mechanism must provide for
payment of reasonable litigation
expenses of appointed counsel. Such
expenses may include, but are not
limited to, payment for investigators,
mitigation specialists, mental health and
forensic science experts, and support
personnel. Provision for reasonable
litigation expenses may incorporate
presumptive limits on payment only if
means are authorized for payment of
necessary expenses above such limits.
mstockstill on DSK4VPTVN1PROD with RULES
§ 26.23
Certification process.
(a) An appropriate State official may
request in writing that the Attorney
General determine whether the State
meets the requirements for certification
under § 26.22 of this subpart.
(b) Upon receipt of a State’s request
for certification, the Attorney General
will make the request publicly available
on the Internet (including any
supporting materials included in the
request) and publish a notice in the
Federal Register—
(1) Indicating that the State has
requested certification;
(2) Identifying the Internet address at
which the public may view the State’s
request for certification; and
(3) Soliciting public comment on the
request.
(c) The State’s request will be
reviewed by the Attorney General. The
review will include consideration of
timely public comments received in
response to the Federal Register notice
under paragraph (b) of this section, or
any subsequent notice the Attorney
General may publish providing a further
opportunity for comment. The
certification will be published in the
Federal Register if certification is
granted. The certification will include a
determination of the date the capital
counsel mechanism qualifying the State
for certification was established.
(d) A certification by the Attorney
General reflects the Attorney General’s
determination that the State capital
counsel mechanism reviewed under
paragraph (c) of this section satisfies
chapter 154’s requirements. A State may
request a new certification by the
Attorney General to ensure the
continued applicability of chapter 154
to cases in which State postconviction
proceedings occur after a change or
alleged change in the State’s certified
capital counsel mechanism. Changes in
a State’s capital counsel mechanism do
not affect the applicability of chapter
154 in any case in which a mechanism
certified by the Attorney General existed
throughout State postconviction
proceedings in the case.
(e) A certification remains effective
for a period of five years after the
VerDate Mar<15>2010
19:25 Sep 20, 2013
Jkt 229001
completion of the certification process
by the Attorney General and any related
judicial review. If a State requests recertification at or before the end of that
five-year period, the certification
remains effective for an additional
period extending until the completion
of the re-certification process by the
Attorney General and any related
judicial review.
ENVIRONMENTAL PROTECTION
AGENCY
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the 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.
40 CFR Part 52
FOR FURTHER INFORMATION CONTACT:
Dated: September 11, 2013.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2013–22766 Filed 9–20–13; 8:45 am]
BILLING CODE P
[EPA–R04–OAR–2009–0140; FRL–9901–10Region 4]
Approval and Promulgation of
Implementation Plans; North Carolina;
Removal of Stage II Gasoline Vapor
Recovery Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve changes to the North Carolina
State Implementation Plan (SIP)
submitted by the State of North Carolina
Department of Environment and Natural
Resources (NC DENR), Division of Air
Quality on September 18, 2009, for the
purpose of removing Stage II vapor
control requirement contingency
measures for new and upgraded
gasoline dispensing facilities in the
State. The September 18, 2009, SIP
revision also addresses several nonStage II related rule changes. However,
action on the other portions for the
September 18, 2009, SIP revision is
being addressed in a separate
rulemaking action. EPA has determined
that North Carolina’s September 18,
2009, SIP revision regarding the Stage II
vapor control requirements is
approvable because it is consistent with
the Clean Air Act (CAA or Act).
DATES: Effective Date: This rule will be
effective October 23, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2009–0140. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
SUMMARY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
For
information regarding this action,
contact Ms. Kelly Sheckler, 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. Ms.
Sheckler’s telephone number is (404)
562–9222; email address:
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
EPA, under the CAA Amendments of
1990, designated (pursuant to section
107(d)(1)) and classified certain
counties in North Carolina, either in
their entirety or portions thereof, as
‘‘moderate’’ ozone nonattainment areas
for the 1-hour ozone national ambient
air quality standards (NAAQS).
Specifically, the Charlotte-Gastonia
Area (comprised of Gaston and
Mecklenburg Counties); the GreensboroWinston-Salem-High Point Area
(comprised of Davidson, Davis (partial),
Forsyth and Guilford Counties); and the
Raleigh-Durham Area (comprised of
Durham, Granville (partial), and Wake
Counties) were all designated as
‘‘moderate’’ ozone nonattainment areas
for the 1-hour ozone NAAQS. The
designations were based on the Areas’ 1hour ozone design values for the 1987–
1989 three-year period. The ‘‘moderate’’
classification triggered various statutory
requirements for these Areas including
the Stage II vapor recovery requirements
pursuant to section 182(b)(3) of the
CAA.
E:\FR\FM\23SER1.SGM
23SER1
Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
Prior to the deadline for
implementing the requirements of
section 182(b)(3) of the CAA, the
Charlotte-Gastonia, GreensboroWinston-Salem-High Point and RaleighDurham Areas in North Carolina
attained the 1-hour ozone NAAQS.
North Carolina had implemented all
measures then required for moderate
ozone nonattainment areas under the
CAA, and with three years of data
(1990–1992), demonstrated compliance
with the 1-hour ozone NAAQS.
Subsequently, NC DENR submitted to
EPA 1-hour ozone maintenance plans
and requests for redesignation for the
three moderate nonattainment areas. As
part of the associated 1-hour ozone
maintenance plans for these areas,
North Carolina provided contingency
measures that included regulation 15A
North Carolina Administrative Code
(NCAC) 02D.0953 (hereafter referred to
as rule .0953), entitled Vapor Return
Piping for Stage II Vapor Recovery, for
all new or improved gasoline tanks, and
15A NCAC 02D.0954 (hereafter referred
to as rule .0954), entitled Stage II Vapor
Recovery. These contingency measures
were never activated as the Areas all
continued to attain the 1-hour ozone
NAAQS. EPA approved the
redesignation requests and the
maintenance plans for the CharlotteGastonia Area on July 5, 1995 (60 FR
34859), the Greensboro-Winston-SalemHigh Point Area on September 9, 1993
(58 FR 47391), and the Raleigh-Durham
Area on April 18, 1994 (59 FR 18300).
On September 18, 2009, NC DENR
submitted a SIP revision to remove
Stage II vapor control contingency
measure requirements from the 1-hour
maintenance plans for the CharlotteGastonia, Greensboro-Winston-SalemHigh Point, and Raleigh-Durham Areas.
In addition, the removal of rules .0953
and .0954 necessitated amendments of
rules 15A NCAC 02D.0902(d)—
Applicability (hereafter referred to as
rule .0902(d)), 15A NCAC 02D.0909—
Compliance schedules for Sources in
new nonattainment Areas (hereafter
referred to as rule .0909), and 15A
NCAC 02D.0952—Petitions for
Alterative Controls for RACT (hereafter
referred to as rule .0952) in North
Carolina’s SIP.1 Accordingly, NC
DENR’s September 18, 2009, SIP
revision also changes rules .0902(d),
1 North Carolina’s SIP revision also make changes
to Rule 15A NCAC 02Q.0102—Activities Exempted
from permit requirements regarding New Source
Performance Standards and Rule 15A NCAC
02D.1110—National Emission Standards for
Hazardous Air Pollutants. EPA is not taking action
in today’s action to approve these changes and
these rules are not currently part of North Carolina’s
federally-approved SIP.
VerDate Mar<15>2010
19:25 Sep 20, 2013
Jkt 229001
.0909, and .0952 to remove
subparagraphs referencing the repealed
Stage II rules .0953 and .0954.
On June 7, 2013, EPA published a
proposed rulemaking to approve North
Carolina’s September 18, 2009, SIP
revision related to Stage II. Detailed
background for today’s final rulemaking
can be found in EPA’s June 7, 2013,
proposed rulemaking. See 78 FR 34303.
The comment period for this proposed
rulemaking closed on July 8, 2013. EPA
did not receive any comments, adverse
or otherwise, during the public
comment period.
II. Final Action
EPA is taking final action to approve
the SIP revision submitted by North
Carolina for the purpose of removing
Stage II vapor control contingency
measure requirements for new and
upgraded gasoline dispensing facilities
in the Charlotte-Gastonia, GreensboroWinston-Salem-High Point, and RaleighDurham Areas. Specifically, this action
removes Stage II rules .0953 and .0954
from the North Carolina SIP, and
amends rules .0902(d), .0909, and .0952
to reflect the removal of rules .0953 and
.0954 in the State’s implementation
plan. EPA has determined that North
Carolina’s September 18, 2009, SIP
revision related to the State’s Stage II
rules is consistent with the CAA and
EPA’s regulations and guidance.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
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
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
58185
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 November 22, 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. This action may not
E:\FR\FM\23SER1.SGM
23SER1
58186
Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
Dated: August 29, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
40 CFR part 52 is amended as follows:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42.U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. Section 52.1770(c), under Table 1,
is amended by revising the entries for
‘‘.0902,’’ ‘‘.0909,’’ ‘‘.0952,’’ ‘‘.0953,’’ and
‘‘.0954’’ to read as follows:
■
§ 52.1770
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
State
citation
State
effective
date
Title/subject
*
*
*
*
Sect .0902 .....
*
Sect .0909 .....
5/1/2013
*
*
5/1/2013
*
9/18/2009
Sect .0953 .....
Vapor Return Piping for Stage II
Vapor Recovery.
9/18/2009
Sect .0954 .....
Stage II Vapor Recovery ................
9/18/2009
*
*
*
*
*
*
[FR Doc. 2013–22965 Filed 9–20–13; 8:45 am]
*
*
*
This approval does not include the start-up shutdown
language as described in Section II. A. a. of EPA’s
3/13/2013 proposed rule (78 FR 15895)
*
*
*
*
*
*
9/23/2013 [Insert
citation of publication].
*
Petitions for Alternative Controls for
RACT.
*
9/23/2013 [Insert
citation of publication].
*
Sect .0952 .....
*
*
*
*
Compliance Schedules ...................
*
*
Volatile Organic Compounds
*
Applicability .....................................
*
Explanation
*
.0900
*
EPA approval date
9/23/2013 [Insert
citation of publication].
9/23/2013 [Insert
citation of publication].
9/23/2013 [Insert
citation of publication].
*
This rule has been repealed as state effective 9/18/
2009.
This rule has been repealed as state effective 9/18/
2009.
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
mstockstill on DSK4VPTVN1PROD with RULES
[EPA–R08–OAR–2009–0810, FRL–9901–04–
Region 8
Approval and Promulgation of State
Implementation Plan Revisions;
Infrastructure Requirements for the
1997 and 2006 PM2.5 National Ambient
Air Quality Standards; Prevention of
Significant Deterioration Requirements
for PM2.5 Increments and Major and
Minor Source Baseline Dates;
Colorado
Environmental Protection
Agency (EPA).
AGENCY:
19:25 Sep 20, 2013
Jkt 229001
PO 00000
Frm 00034
Fmt 4700
ACTION:
Sfmt 4700
*
Final rule.
EPA is approving State
Implementation Plan (SIP) submissions
from the State of Colorado to
demonstrate that the SIP meets the
infrastructure requirements of the Clean
Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS)
promulgated for PM2.5 on July 18, 1997
and on October 17, 2006. The CAA
requires that each state, after a new or
revised NAAQS is promulgated, review
their SIPs to ensure that they meet
infrastructure requirements. The State of
Colorado provided infrastructure SIP
submissions on April 4, 2008 and June
4, 2010 for the 1997 and 2006 PM2.5
NAAQS, respectively. In addition, EPA
SUMMARY:
BILLING CODE 6560–50–P
VerDate Mar<15>2010
*
E:\FR\FM\23SER1.SGM
23SER1
]]>Agencies
[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58184-58186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22965]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0140; FRL-9901-10-Region 4]
Approval and Promulgation of Implementation Plans; North
Carolina; Removal of Stage II Gasoline Vapor Recovery Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve changes to the North
Carolina State Implementation Plan (SIP) submitted by the State of
North Carolina Department of Environment and Natural Resources (NC
DENR), Division of Air Quality on September 18, 2009, for the purpose
of removing Stage II vapor control requirement contingency measures for
new and upgraded gasoline dispensing facilities in the State. The
September 18, 2009, SIP revision also addresses several non-Stage II
related rule changes. However, action on the other portions for the
September 18, 2009, SIP revision is being addressed in a separate
rulemaking action. EPA has determined that North Carolina's September
18, 2009, SIP revision regarding the Stage II vapor control
requirements is approvable because it is consistent with the Clean Air
Act (CAA or Act).
DATES: Effective Date: This rule will be effective October 23, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2009-0140. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the 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: For information regarding this action,
contact Ms. Kelly Sheckler, 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. Ms. Sheckler's telephone number is (404)
562-9222; email address: sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
EPA, under the CAA Amendments of 1990, designated (pursuant to
section 107(d)(1)) and classified certain counties in North Carolina,
either in their entirety or portions thereof, as ``moderate'' ozone
nonattainment areas for the 1-hour ozone national ambient air quality
standards (NAAQS). Specifically, the Charlotte-Gastonia Area (comprised
of Gaston and Mecklenburg Counties); the Greensboro-Winston-Salem-High
Point Area (comprised of Davidson, Davis (partial), Forsyth and
Guilford Counties); and the Raleigh-Durham Area (comprised of Durham,
Granville (partial), and Wake Counties) were all designated as
``moderate'' ozone nonattainment areas for the 1-hour ozone NAAQS. The
designations were based on the Areas' 1-hour ozone design values for
the 1987-1989 three-year period. The ``moderate'' classification
triggered various statutory requirements for these Areas including the
Stage II vapor recovery requirements pursuant to section 182(b)(3) of
the CAA.
[[Page 58185]]
Prior to the deadline for implementing the requirements of section
182(b)(3) of the CAA, the Charlotte-Gastonia, Greensboro-Winston-Salem-
High Point and Raleigh-Durham Areas in North Carolina attained the 1-
hour ozone NAAQS. North Carolina had implemented all measures then
required for moderate ozone nonattainment areas under the CAA, and with
three years of data (1990-1992), demonstrated compliance with the 1-
hour ozone NAAQS.
Subsequently, NC DENR submitted to EPA 1-hour ozone maintenance
plans and requests for redesignation for the three moderate
nonattainment areas. As part of the associated 1-hour ozone maintenance
plans for these areas, North Carolina provided contingency measures
that included regulation 15A North Carolina Administrative Code (NCAC)
02D.0953 (hereafter referred to as rule .0953), entitled Vapor Return
Piping for Stage II Vapor Recovery, for all new or improved gasoline
tanks, and 15A NCAC 02D.0954 (hereafter referred to as rule .0954),
entitled Stage II Vapor Recovery. These contingency measures were never
activated as the Areas all continued to attain the 1-hour ozone NAAQS.
EPA approved the redesignation requests and the maintenance plans for
the Charlotte-Gastonia Area on July 5, 1995 (60 FR 34859), the
Greensboro-Winston-Salem-High Point Area on September 9, 1993 (58 FR
47391), and the Raleigh-Durham Area on April 18, 1994 (59 FR 18300).
On September 18, 2009, NC DENR submitted a SIP revision to remove
Stage II vapor control contingency measure requirements from the 1-hour
maintenance plans for the Charlotte-Gastonia, Greensboro-Winston-Salem-
High Point, and Raleigh-Durham Areas. In addition, the removal of rules
.0953 and .0954 necessitated amendments of rules 15A NCAC 02D.0902(d)--
Applicability (hereafter referred to as rule .0902(d)), 15A NCAC
02D.0909--Compliance schedules for Sources in new nonattainment Areas
(hereafter referred to as rule .0909), and 15A NCAC 02D.0952--Petitions
for Alterative Controls for RACT (hereafter referred to as rule .0952)
in North Carolina's SIP.\1\ Accordingly, NC DENR's September 18, 2009,
SIP revision also changes rules .0902(d), .0909, and .0952 to remove
subparagraphs referencing the repealed Stage II rules .0953 and .0954.
---------------------------------------------------------------------------
\1\ North Carolina's SIP revision also make changes to Rule 15A
NCAC 02Q.0102--Activities Exempted from permit requirements
regarding New Source Performance Standards and Rule 15A NCAC
02D.1110--National Emission Standards for Hazardous Air Pollutants.
EPA is not taking action in today's action to approve these changes
and these rules are not currently part of North Carolina's
federally-approved SIP.
---------------------------------------------------------------------------
On June 7, 2013, EPA published a proposed rulemaking to approve
North Carolina's September 18, 2009, SIP revision related to Stage II.
Detailed background for today's final rulemaking can be found in EPA's
June 7, 2013, proposed rulemaking. See 78 FR 34303. The comment period
for this proposed rulemaking closed on July 8, 2013. EPA did not
receive any comments, adverse or otherwise, during the public comment
period.
II. Final Action
EPA is taking final action to approve the SIP revision submitted by
North Carolina for the purpose of removing Stage II vapor control
contingency measure requirements for new and upgraded gasoline
dispensing facilities in the Charlotte-Gastonia, Greensboro-Winston-
Salem-High Point, and Raleigh-Durham Areas. Specifically, this action
removes Stage II rules .0953 and .0954 from the North Carolina SIP, and
amends rules .0902(d), .0909, and .0952 to reflect the removal of rules
.0953 and .0954 in the State's implementation plan. EPA has determined
that North Carolina's September 18, 2009, SIP revision related to the
State's Stage II rules is consistent with the CAA and EPA's regulations
and guidance.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 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 November 22, 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. This action may not
[[Page 58186]]
be challenged later in proceedings to enforce its requirements. See
section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 29, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. Section 52.1770(c), under Table 1, is amended by revising the
entries for ``.0902,'' ``.0909,'' ``.0952,'' ``.0953,'' and ``.0954''
to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
.0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sect .0902....... Applicability........ 5/1/2013 9/23/2013 [Insert This approval does not include
citation of the start-up shutdown language
publication]. as described in Section II. A.
a. of EPA's 3/13/2013 proposed
rule (78 FR 15895)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sect .0909....... Compliance Schedules. 5/1/2013 9/23/2013 [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sect .0952....... Petitions for 9/18/2009 9/23/2013 [Insert
Alternative Controls citation of
for RACT. publication].
Sect .0953....... Vapor Return Piping 9/18/2009 9/23/2013 [Insert This rule has been repealed as
for Stage II Vapor citation of state effective 9/18/2009.
Recovery. publication].
Sect .0954....... Stage II Vapor 9/18/2009 9/23/2013 [Insert This rule has been repealed as
Recovery. citation of state effective 9/18/2009.
publication].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-22965 Filed 9-20-13; 8:45 am]
BILLING CODE 6560-50-P
