Approval and Promulgation of Implementation Plans; North Carolina; Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards Changes, 42733-42735 [2015-17683]
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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
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Subchapter H—Low Emission Fuels
Division 1: Gasoline Volatility
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[FR Doc. 2015–17743 Filed 7–17–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0368; FRL–9930–76–
Region 4]
Approval and Promulgation of
Implementation Plans; North Carolina;
Nitrogen Dioxide and Sulfur Dioxide
National Ambient Air Quality
Standards Changes
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the State
Implementation Plan (SIP) revision
submitted by the State of North
Carolina, through the North Carolina
Department of Environment and Natural
Resources on August 13, 2012,
pertaining to definition changes for the
Nitrogen Dioxide (NO2) and Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS). EPA is
approving this SIP revision because the
State has demonstrated that it is
consistent with the Clean Air Act (CAA
or Act).
DATES: This direct final rule is effective
on September 18, 2015 without further
notice, unless EPA receives relevant
adverse comment by August 19, 2015. If
EPA receives such comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
SUMMARY:
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OAR–2015–0368, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2015–0368’’
Air Regulatory Management Section
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch (formerly 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.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2015–
0368’’. 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
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*
*
Not in SIP: 114.306(c)
*
‘‘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 Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
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 a.m. to
4:30 p.m., excluding Federal holidays.
Zuri
Farngalo, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9152.
Mr. Farngalo can be reached via
electronic mail at farngalo.zuri@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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 North Carolina’s
August 13, 2012, submission amending
the State’s NAAQS for NO2 and SO2 that
are found at 15A NCAC 02D .0407 and
.0402. 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.
II. EPA’s Analysis of North Carolina’s
SIP Revision
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A. NO2
On February 9, 2010, EPA
promulgated a new 1-hour primary
NAAQS for NO2 at a level of 100 parts
per billion (ppb), based on a 3-year
average of the 98th percentile of the
yearly distribution of 1-hour daily
maximum concentrations. See 75 FR
6474. Accordingly, in the August 3,
2012, SIP submission, North Carolina
revised state rule 15A NCAC 02D .0407
Nitrogen Dioxide to update the primary
air quality standard for NO2 to be
consistent with the NAAQS that were
promulgated by EPA in 2010. EPA has
reviewed this change to North
Carolina’s rule for NO2 and has made
the determination that this change is
consistent with federal regulations.
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B. SO2
On June 22, 2010, EPA promulgated a
revised primary SO2 NAAQS to an
hourly standard of 75 ppb based on a 3year average of the annual 99th
percentile of 1-hour daily maximum
concentrations. See 75 FR 35520.
Accordingly, in the August 3, 2012, SIP
submission, North Carolina revised state
rule 15A NCAC 02D .0402 Sulfur Oxides
to update the primary air quality
standard for SO2 to be consistent with
the SO2 NAAQS that were promulgated
by EPA in 2010. EPA has reviewed the
change to North Carolina’s rule for SO2
and has made the determination that
these changes are consistent with
federal regulations.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate
by reference of NCDENR regulations
15A NCAC 02D .0407 Nitrogen Dioxide
and 15A NCAC 02D .0402 Sulfur Oxides
effective September 1, 2011, which were
revised to be consistent with the current
NAAQS. EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
IV. Final Action
EPA is approving the aforementioned
changes to the North Carolina SIP,
because they are consistent with EPA’s
standards for NO2 and SO2. 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 September 18, 2015 without
further notice unless the Agency
receives adverse comments by August
19, 2015.
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 adverse 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
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received, the public is advised that this
rule will be effective on September 18,
2015 and no further action will be taken
on the proposed rule.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, the Agency may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
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.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
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 September 18, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
reference, Intergovernmental relations,
Nitrogen dioxide, Sulfur dioxide,
Reporting and recordkeeping
requirements.
Dated: July 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42. U.S.C. 7401 et seq.
Subpart II—North Carolina
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 ‘‘.0402,’’ and
‘‘.0407’’ to read as follows:
■
§ 52.1770
*
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Identification of plan.
*
*
(c) * * *
*
*
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 Ambient Air Quality Standards
*
Sect .0402 .........................
*
*
*
Sulfur Dioxide .............................................................
*
9/1/2011
*
7/20/2015 [Insert citation
of publication].
*
Sect .0407 .........................
*
*
*
Nitrogen Dioxide .........................................................
*
9/1/2011
*
7/20/2015 [Insert citation
of publication].
*
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2015–17683 Filed 7–17–15; 8:45 am]
*
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
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40 CFR Part 261
[EPA–R01–RCRA–2012–0447; FRL–9930–
54–Region–1]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste Amendment
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule; amendment.
The Environmental Protection
Agency (EPA) is amending the
exclusion for International Business
Machines Corporation (IBM) in Essex
Junction, Vermont to reflect changes in
ownership and name.
DATES: This amendment is effective on
July 20, 2015.
FOR FURTHER INFORMATION CONTACT:
Sharon Leitch, RCRA Waste
Management and UST Section, Office of
SUMMARY:
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[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42733-42735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17683]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0368; FRL-9930-76-Region 4]
Approval and Promulgation of Implementation Plans; North
Carolina; Nitrogen Dioxide and Sulfur Dioxide National Ambient Air
Quality Standards Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the State Implementation Plan (SIP) revision
submitted by the State of North Carolina, through the North Carolina
Department of Environment and Natural Resources on August 13, 2012,
pertaining to definition changes for the Nitrogen Dioxide
(NO2) and Sulfur Dioxide (SO2) National Ambient
Air Quality Standards (NAAQS). EPA is approving this SIP revision
because the State has demonstrated that it is consistent with the Clean
Air Act (CAA or Act).
DATES: This direct final rule is effective on September 18, 2015
without further notice, unless EPA receives relevant adverse comment by
August 19, 2015. If EPA receives such comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0368, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2015-0368'' Air Regulatory Management
Section (formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly 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.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2015-0368''. 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 Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA
[[Page 42734]]
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 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9152. Mr. Farngalo can be
reached via electronic mail at farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
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 North
Carolina's August 13, 2012, submission amending the State's NAAQS for
NO2 and SO2 that are found at 15A NCAC 02D .0407
and .0402. 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.
II. EPA's Analysis of North Carolina's SIP Revision
A. NO2
On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. Accordingly, in the
August 3, 2012, SIP submission, North Carolina revised state rule 15A
NCAC 02D .0407 Nitrogen Dioxide to update the primary air quality
standard for NO2 to be consistent with the NAAQS that were
promulgated by EPA in 2010. EPA has reviewed this change to North
Carolina's rule for NO2 and has made the determination that
this change is consistent with federal regulations.
B. SO2
On June 22, 2010, EPA promulgated a revised primary SO2
NAAQS to an hourly standard of 75 ppb based on a 3-year average of the
annual 99th percentile of 1-hour daily maximum concentrations. See 75
FR 35520. Accordingly, in the August 3, 2012, SIP submission, North
Carolina revised state rule 15A NCAC 02D .0402 Sulfur Oxides to update
the primary air quality standard for SO2 to be consistent
with the SO2 NAAQS that were promulgated by EPA in 2010. EPA
has reviewed the change to North Carolina's rule for SO2 and
has made the determination that these changes are consistent with
federal regulations.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate by reference of NCDENR
regulations 15A NCAC 02D .0407 Nitrogen Dioxide and 15A NCAC 02D .0402
Sulfur Oxides effective September 1, 2011, which were revised to be
consistent with the current NAAQS. EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
IV. Final Action
EPA is approving the aforementioned changes to the North Carolina
SIP, because they are consistent with EPA's standards for
NO2 and SO2. 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
September 18, 2015 without further notice unless the Agency receives
adverse comments by August 19, 2015.
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 adverse 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 September 18, 2015 and
no further action will be taken on the proposed rule.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, the Agency may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human
[[Page 42735]]
health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it 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 September 18, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Sulfur
dioxide, Reporting and recordkeeping requirements.
Dated: July 6, 2015.
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 ``.0402,'' and ``.0407'' to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
Table 1--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
----------------------------------------------------------------------------------------------------------------
* * * * * *
Sect .0402..................... Sulfur Dioxide......... 9/1/2011 7/20/2015 [Insert
citation of
publication].
* * * * * * *
Sect .0407..................... Nitrogen Dioxide....... 9/1/2011 7/20/2015 [Insert ...................
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-17683 Filed 7-17-15; 8:45 am]
BILLING CODE 6560-50-P
