Approval and Promulgation of Implementation Plans for North Carolina: State Implementation Plan Miscellaneous Revisions, 36655-36657 [2014-15151]

Download as PDF Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2014–0375] RIN 1625–AA00 Eighth Coast Guard District Annual Safety Zones; Oakmont Yacht Club Fireworks; Allegheny River Mile 11.75 to 12.25; Pittsburgh, PA Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a safety zone for the Oakmont Yacht Club Fireworks on the Allegheny River, from mile 11.75 to 12.25, extending the entire width of the river. This zone will be in effect on July 19, 2014 from 9:30 p.m. until 10:30 p.m. This zone is needed to protect vessels transiting the area and event spectators from the hazards associated with the Oakmont Yacht Club Fireworks. During the enforcement period, entry into, transiting, or anchoring in the safety zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Pittsburgh or a designated representative. DATES: The regulations in 33 CFR 165.801 will be enforced on July 19, 2014. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice of enforcement, call or email Ronald Lipscomb, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone (412) 644–5808, email Ronald.c.lipscomb1@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone for the annual Oakmont Yacht Club Fireworks listed in 33 CFR 165.801 Table 1, Table No. 42; Sector Ohio Valley. Under the provisions of C33 CFR 165.801, entry into the safety zone listed in Table 1, Table No. 42; Sector Ohio Valley, is prohibited unless authorized by the Captain of the Port or a designated representative. Persons or vessels desiring to enter into or passage through the safety zone must request permission from the Captain of the Port Pittsburgh or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port Pittsburgh or designated representative. wreier-aviles on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:57 Jun 27, 2014 Jkt 232001 This notice is issued under authority of 5 U.S.C. 552 (a); 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Local Notice to Mariners and updates via Marine Information Broadcasts. If the Captain of the Port Pittsburgh or designated representative determines that the Safety Zone need not be enforced for the full duration stated in this notice of enforcement, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: June 4, 2014. L.N. Weaver, Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh. [FR Doc. 2014–15135 Filed 6–27–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2007–0602; FRL–9912–83– Region–4] Approval and Promulgation of Implementation Plans for North Carolina: State Implementation Plan Miscellaneous Revisions Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve the portions of a revision to the North Carolina State Implementation Plan (SIP), submitted by the North Carolina Department of Environment and Natural Resources (NC DENR) on February 3, 2010, that incorporate changes to the state rules reflecting the 2006 national ambient air quality standards (NAAQS) for particulate matter (PM). EPA approved the remaining portions of North Carolina’s February 3, 2010, SIP revision in a previous rulemaking. DATES: This rule will be effective on July 30, 2014. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2007–0602. All documents in the docket are listed on the www.regulations.gov SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 36655 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: Nacosta Ward, 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) 562–9140. Ms. Ward can be reached via electronic mail at ward.nacosta@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. This Action II. Background III. Response to Comments IV. Final Action V. Statutory and Executive Order Reviews I. This Action EPA is taking final action to approve the portions of North Carolina’s February 3, 2010, SIP revision that relate to the PM2.5 and PM10 NAAQS (collectively referred to as the ‘‘PM NAAQS’’). On May 16, 2013, EPA published a direct final rule approving the portions of North Carolina’s February 3, 2010, submission that incorporate amendments to state rules 15A NCAC 02D .0405, .0408, .0409, and .0410 reflecting the NAAQS for ozone, lead, and PM in effect at the time of submittal. See 78 FR 28747. EPA published an accompanying proposed approval to the May 16, 2013, direct final rule in the event that EPA received adverse comment and withdrew the direct final rulemaking. See 78 FR 28775. In the direct final rule, EPA stated that if adverse comments were received by June 17, 2013, the rule would be withdrawn and not take effect, the proposed rule would remain in E:\FR\FM\30JNR1.SGM 30JNR1 36656 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations effect, and an additional public comment period would not be instituted. On May 23, 2013, EPA received comments from a single commenter solely on the portions of the rulemaking related to the PM2.5 NAAQS; therefore, EPA withdrew the PM portions of the direct final rule. See 78 FR 41850 (July 12, 2013). The withdrawal of the PM portions did not affect EPA’s May 16, 2013, direct final action on North Carolina’s SIP revisions related to the ozone and lead NAAQS. EPA is now taking final action to approve only the portions of the February 3, 2010, SIP revision related to the PM NAAQS. EPA has reviewed the changes to North Carolina Rules 15A NCAC 02D .0410 ‘‘PM2.5 Particulate Matter’’ and 15A NCAC 02D .0409 ‘‘PM10 Particulate Matter’’ and determined that these changes are consistent with federal regulations in effect at the time of SIP submission; thus, EPA is approving these revisions to the North Carolina SIP. wreier-aviles on DSK5TPTVN1PROD with RULES II. Background EPA approved a North Carolina’s SIP revision on October 22, 2002, that adopted the 1997 24-hour PM2.5 NAAQS and 1997 annual PM2.5 NAAQS set at 65 micrograms per cubic meter (mg/m3) and 15 mg/m3, respectively. See 67 FR 64990. On October 17, 2006, EPA revised the 24 hour PM2.5 NAAQS to 35 mg/m3 and retained the annual PM2.5 NAAQS at 15 mg/m3.1 See 71 FR 61144. Accordingly, NC DNER submitted a SIP revision on February 3, 2010, that, among other things, incorporates revisions to state rule 15A NCAC 02D .0410 ‘‘PM2.5 Particulate Matter’’ that update the rule for consistency with the 2006 PM2.5 NAAQS. EPA approved a North Carolina SIP revision on January 16, 1990, that adopted the initial 1987 24-hour PM10 NAAQS and 1987 annual PM10 NAAQS set at 150 mg/m3 and 50 mg/m3, respectively. See 55 FR 1419. On October 17, 2006, EPA retained the 24hour PM10 NAAQS at 150 mg/m3 and revoked the annual PM10 NAAQS. See 71 FR 61144. Accordingly, in the February 3, 2010, SIP submission, NC DENR incorporated revisions to state rule 15A NCAC 02D .0409 ‘‘PM10 Particulate Matter’’ that update the rule for consistency with the 2006 PM10 NAAQS. 1 On December 14, 2012, EPA strengthened the primary annual PM2.5 NAAQS to 12.0 mg/m3 and retained the 24-hour PM2.5 NAAQS at 35 mg/m3. See 78 FR 3086 (January 15, 2013). VerDate Mar<15>2010 14:57 Jun 27, 2014 Jkt 232001 III. Response to Comments On May 23, 2013, EPA received a comment from one member of the general public. While the comment was generally in support of EPA’s action, EPA withdrew the direct final rule because the comment could be interpreted as adverse. A summary of the comment and EPA’s response is provided below. Comment: The commenter noted that EPA revised the PM2.5 NAAQS in 2012, and he recommended that EPA ‘‘approve the SIPs as submitted, with a further recommendation to submit a revised SIP reflecting the new standard within a reasonable amount of time (as determined by EPA).’’ Response: Although EPA recently updated the annual PM2.5 NAAQS, the State submitted its SIP revision prior to the December 14, 2012, promulgation of the new standard, published on January 15, 2013 (see 78 FR 3086). As mentioned above, NC DENR submitted its SIP revision to update the PM NAAQS on February 3, 2010, in response to EPA’s promulgation of the 2006 PM NAAQS. EPA believes that it is appropriate to approve North Carolina’s February 3, 2010, SIP revision, as it reflects the PM NAAQS in effect at that time, these NAAQS remain in effect, and the 2012 PM2.5 NAAQS was not promulgated at that time. EPA notes that today’s action does not relieve North Carolina of any current or future requirements regarding the 2012 PM2.5 NAAQS and that NC DENR is currently working on a SIP submittal to adopt the 2012 PM2.5 NAAQS. IV. Final Action EPA is approving the portions of North Carolina’s February 3, 2010, SIP revision that relate to the PM NAAQS because they are consistent with the PM NAAQS in effect at the time of submittal. V. 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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, 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). E:\FR\FM\30JNR1.SGM 30JNR1 36657 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations 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 August 29, 2014. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate Matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 16, 2014. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: Authority: 42. U.S.C. 7401 et seq. 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 ‘‘.0409,’’ and ‘‘.0410’’ to read as follows: ■ § 52.1770 * PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Identification of plan * * (c) * * * * * 1. The authority citation for part 52 continues to read as follows: ■ TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS State citation State effective date Title/subject EPA approval date Explanation Subchapter 2D Air Pollution Control Requirements * * * * Section .0400 * * * * * 1/1/2010 Section .0410 ........................... PM2.5 Particulate Matter ......... 1/1/2010 * * * * Particulate Matter ................... * * * Ambient Air Quality Standards Section .0409 ........................... * * 6/30/2014 [Insert Federal Register citation]. 6/30/2014 [Insert Federal Register citation]. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY issue of Monday, April 28, 2014, make the following corrections: 40 CFR Parts 79, 80, 85, 86, 600, 1036, 1037, 1039, 1042, 1048, 1054, 1065, and 1066 * [FR Doc. 2014–15151 Filed 6–27–14; 8:45 am] § 86.113–94 [Corrected] [EPA–HQ–OAR–2011–0135; FRL 9906–86– OAR] RIN 2060–AQ86 Fuel specifications. On page 23695 make the following correction: The first table on page 23695 is corrected as set forth below. ■ Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards Correction In rule document 2014–06954, appearing on pages 23414–23886, in the wreier-aviles on DSK5TPTVN1PROD with RULES Property Unit Type 2–D Reference procedure 1 (i) Cetane Number ............................................................................................ (ii) Cetane Index ............................................................................................... (iii) Distillation range: (A) IBP ....................................................................................................... (B) 10 pct. point ......................................................................................... (C) 50 pct. point ......................................................................................... (D) 90 pct. point ......................................................................................... (E) EP ........................................................................................................ ...................................... ...................................... 40–50 ........................... 40–50 ........................... ASTM D613 ASTM D976 °F (°C) .......................... 340–400 400–460 470–540 560–630 610–690 STM D86 VerDate Mar<15>2010 14:57 Jun 27, 2014 Jkt 232001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1 (171.1–204.4). (204.4–237.8). (243.3–282.2) (293.3–332.2). (321.1–365.6)

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Rules and Regulations]
[Pages 36655-36657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15151]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0602; FRL-9912-83-Region-4]

Approval and Promulgation of Implementation Plans for North
Carolina: State Implementation Plan Miscellaneous Revisions

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the portions of a revision to the North Carolina
State Implementation Plan (SIP), submitted by the North Carolina
Department of Environment and Natural Resources (NC DENR) on February
3, 2010, that incorporate changes to the state rules reflecting the
2006 national ambient air quality standards (NAAQS) for particulate
matter (PM). EPA approved the remaining portions of North Carolina's
February 3, 2010, SIP revision in a previous rulemaking.

DATES: This rule will be effective on July 30, 2014.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-0602. 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: Nacosta Ward, 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)
562-9140. Ms. Ward can be reached via electronic mail at
ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. This Action
II. Background
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. This Action

EPA is taking final action to approve the portions of North
Carolina's February 3, 2010, SIP revision that relate to the
PM2.5 and PM10 NAAQS (collectively referred to as
the ``PM NAAQS''). On May 16, 2013, EPA published a direct final rule
approving the portions of North Carolina's February 3, 2010, submission
that incorporate amendments to state rules 15A NCAC 02D .0405, .0408,
.0409, and .0410 reflecting the NAAQS for ozone, lead, and PM in effect
at the time of submittal. See 78 FR 28747.
EPA published an accompanying proposed approval to the May 16,
2013, direct final rule in the event that EPA received adverse comment
and withdrew the direct final rulemaking. See 78 FR 28775. In the
direct final rule, EPA stated that if adverse comments were received by
June 17, 2013, the rule would be withdrawn and not take effect, the
proposed rule would remain in

[[Page 36656]]

effect, and an additional public comment period would not be
instituted.
On May 23, 2013, EPA received comments from a single commenter
solely on the portions of the rulemaking related to the
PM2.5 NAAQS; therefore, EPA withdrew the PM portions of the
direct final rule. See 78 FR 41850 (July 12, 2013). The withdrawal of
the PM portions did not affect EPA's May 16, 2013, direct final action
on North Carolina's SIP revisions related to the ozone and lead NAAQS.
EPA is now taking final action to approve only the portions of the
February 3, 2010, SIP revision related to the PM NAAQS. EPA has
reviewed the changes to North Carolina Rules 15A NCAC 02D .0410
``PM2.5 Particulate Matter'' and 15A NCAC 02D .0409
``PM10 Particulate Matter'' and determined that these
changes are consistent with federal regulations in effect at the time
of SIP submission; thus, EPA is approving these revisions to the North
Carolina SIP.

II. Background

EPA approved a North Carolina's SIP revision on October 22, 2002,
that adopted the 1997 24-hour PM2.5 NAAQS and 1997 annual
PM2.5 NAAQS set at 65 micrograms per cubic meter ([mu]g/
m\3\) and 15 [mu]g/m\3\, respectively. See 67 FR 64990. On October 17,
2006, EPA revised the 24 hour PM2.5 NAAQS to 35 [mu]g/m\3\
and retained the annual PM2.5 NAAQS at 15 [mu]g/m\3\.\1\ See
71 FR 61144. Accordingly, NC DNER submitted a SIP revision on February
3, 2010, that, among other things, incorporates revisions to state rule
15A NCAC 02D .0410 ``PM2.5 Particulate Matter'' that update
the rule for consistency with the 2006 PM2.5 NAAQS.
---------------------------------------------------------------------------

\1\ On December 14, 2012, EPA strengthened the primary annual
PM2.5 NAAQS to 12.0 [mu]g/m\3\ and retained the 24-hour
PM2.5 NAAQS at 35 [mu]g/m\3\. See 78 FR 3086 (January 15,
2013).
---------------------------------------------------------------------------

EPA approved a North Carolina SIP revision on January 16, 1990,
that adopted the initial 1987 24-hour PM10 NAAQS and 1987
annual PM10 NAAQS set at 150 [mu]g/m\3\ and 50 [mu]g/m\3\,
respectively. See 55 FR 1419. On October 17, 2006, EPA retained the 24-
hour PM10 NAAQS at 150 [mu]g/m\3\ and revoked the annual
PM10 NAAQS. See 71 FR 61144. Accordingly, in the February 3,
2010, SIP submission, NC DENR incorporated revisions to state rule 15A
NCAC 02D .0409 ``PM10 Particulate Matter'' that update the
rule for consistency with the 2006 PM10 NAAQS.

III. Response to Comments

On May 23, 2013, EPA received a comment from one member of the
general public. While the comment was generally in support of EPA's
action, EPA withdrew the direct final rule because the comment could be
interpreted as adverse. A summary of the comment and EPA's response is
provided below.
Comment: The commenter noted that EPA revised the PM2.5
NAAQS in 2012, and he recommended that EPA ``approve the SIPs as
submitted, with a further recommendation to submit a revised SIP
reflecting the new standard within a reasonable amount of time (as
determined by EPA).''
Response: Although EPA recently updated the annual PM2.5
NAAQS, the State submitted its SIP revision prior to the December 14,
2012, promulgation of the new standard, published on January 15, 2013
(see 78 FR 3086). As mentioned above, NC DENR submitted its SIP
revision to update the PM NAAQS on February 3, 2010, in response to
EPA's promulgation of the 2006 PM NAAQS. EPA believes that it is
appropriate to approve North Carolina's February 3, 2010, SIP revision,
as it reflects the PM NAAQS in effect at that time, these NAAQS remain
in effect, and the 2012 PM2.5 NAAQS was not promulgated at
that time. EPA notes that today's action does not relieve North
Carolina of any current or future requirements regarding the 2012
PM2.5 NAAQS and that NC DENR is currently working on a SIP
submittal to adopt the 2012 PM2.5 NAAQS.

IV. Final Action

EPA is approving the portions of North Carolina's February 3, 2010,
SIP revision that relate to the PM NAAQS because they are consistent
with the PM NAAQS in effect at the time of submittal.

V. 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, 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).

[[Page 36657]]

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 August 29, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate Matter, Reporting
and recordkeeping requirements, Volatile organic compounds.

Dated: June 16, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42. U.S.C. 7401 et seq.

Subpart II--North Carolina

0
2. Section 52.1770 (c) is amended under Table 1, at Subchapter 2D Air
Pollution Control Requirements, Section .0400 Ambient Air Quality
Standards by revising the entries for ``.0409,'' and ``.0410'' 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
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0409.................... Particulate Matter.. 1/1/2010 6/30/2014 [Insert
Federal Register
citation].
Section .0410.................... PM2.5 Particulate 1/1/2010 6/30/2014 [Insert
Matter. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2014-15151 Filed 6-27-14; 8:45 am]
BILLING CODE 6560-50-P

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