Air Plan Approval; North Carolina; Conflict of Interest Infrastructure Requirements, 67645-67647 [2015-27881]
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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut state
citation
Title/subject
*
22a-174–20 .......
*
Control of organic compound emissions.
*
Date adopted
by State
*
3/5/14
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0440; FRL–9936–35–
Region 4]
Air Plan Approval; North Carolina;
Conflict of Interest Infrastructure
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the North Carolina
State Implementation Plan (SIP),
submitted by the North Carolina
Department of Environment and Natural
Resources (DENR), Division of Air
Quality (DAQ), on February 5, 2013, and
supplemented on July 27, 2015. The
submissions pertain to conflict of
interest requirements of the Clean Air
Act (CAA or Act) and were submitted to
satisfy the infrastructure SIP subelement related to the state board for the
2010 Nitrogen Dioxide (NO2) National
Ambient Air Quality Standards
(NAAQS), 2010 Sulfur Dioxide (SO2)
NAAQS, 2008 8-hour Ozone NAAQS
and 2008 Lead NAAQS. The CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance, and enforcement of each
NAAQS promulgated by EPA,
commonly referred to as an
‘‘infrastructure’’ SIP, which includes
conflict of interest requirements. EPA is
taking final action to approve the
portions of North Carolina’s 2010 NO2
infrastructure SIP, 2010 SO2
infrastructure SIP, 2008 8-hour ozone
infrastructure SIP, and 2008 Lead
infrastructure SIP as meeting these State
board requirements. EPA is also taking
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SUMMARY:
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Federal Register citation
Date approved
by EPA
Section
52.370
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[Insert Federal
Register citation].
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(c)(110)
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Large aboveground storage tanks
updates: amend (a); withdraw
(b)(1); amend (b)(2), (b)(3) and
(b)(4); add (b)(17); amend (c)
and (x)(12).
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final action to convert conditional
approvals related to the state board
requirements for the 1997 8-hour ozone
NAAQS, and the 1997 Annual Fine
Particulate Matter (PM2.5) and 2006 24hour PM2.5 NAAQS to full approval
under the CAA. EPA notes that all other
applicable North Carolina infrastructure
SIP elements for the above listed
NAAQS have been or will be addressed
in separate rulemakings.
DATES: This rule will be effective
December 3, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0440. 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 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
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:
Sean Lakeman, 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.,
PO 00000
Comments/description
Sfmt 4700
*
*
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by telephone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
SIPs meeting the requirements of
sections 110(a)(1) and (2) of the CAA are
to be submitted by states within three
years after promulgation of a new or
revised NAAQS. Sections 110(a)(1) and
(2) require states to address basic SIP
requirements, including emissions
inventories, monitoring, and modeling
to assure attainment and maintenance of
the NAAQS. More specifically, section
110(a)(1) provides the procedural and
timing requirements for SIPs. Section
110(a)(2) lists specific elements that
states must meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS.
EPA is taking final action to approve
North Carolina’s February 5, 2013, and
July 27, 2015, submissions as: (1)
Satisfying the requirements of section
128 of the CAA; and (2) the
infrastructure SIP sub-element for
section 110(a)(2)(E)(ii) related to the
state board requirements for the 2010
NO2 NAAQS, 2010 SO2 NAAQS, 2008
8-hour Ozone NAAQS and 2008 Lead
NAAQS.1 Additionally, North
Carolina’s February 5, 2013, and July 27,
2015, submissions satisfy EPA’s
multiple conditional approvals of subelement 110(a)(2)(E)(ii) published on
February 6, 2012 (77 FR 5703), and
October 16, 2012 (77 FR 63234), for the
1997 8-hour ozone NAAQS, and 1997
1 Sub-element 110(a)(2)(E)(ii) was previously
submitted by North Carolina DAQ previous
submissions to EPA to satisfy the state board
requirements for the referenced NAAQS. EPA is
taking final action to approve the February 5, 2013,
and July 27, 2015, final submissions in conjunction
with the previously submissions for the 2010 NO2
NAAQS (August 23, 2013), 2010 SO2 NAAQS
(March 18, 2014), 2008 8-hour Ozone NAAQS
(November 2, 2012), and 2008 Lead NAAQS (July
20, 2012) as satisfying for the state board
requirements of section 110(a)(2)(E)(ii) sub-element.
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annual and 2006 24-hour PM2.5 NAAQS,
respectively.2 As a result of today’s
action approving the State’s
submissions as meeting section 128 of
the CAA, EPA is converting the
aforementioned conditional approvals
to full approvals regarding North
Carolina’s infrastructure requirements
for section 110(a)(2)(E)(ii) for the 1997
8-hour ozone NAAQS, and 1997 annual
and 2006 24-hour PM2.5 NAAQS.
EPA proposed to approve the
February 5, 2013, and July 27, 2015,
submissions in a notice of proposed
rulemaking (NPR) published on August
24, 2015. See 80 FR 51167. The details
of North Carolina’s submittals and the
rationale for EPA’s actions are explained
in the NPR. Comments on the proposed
rulemaking were due on or before
September 23, 2015. No adverse
comments were received.
II. Final Action
As described above, EPA is taking
final action to approve North Carolina’s
February 5, 2013, and July 27, 2015,
submissions concerning the conflict of
interest requirements of CAA section
128(a)(2) for inclusion into the North
Carolina SIP.3 Specifically, EPA is
approving North Carolina’s submissions
related to the Secretary of the DENR and
his/her delegatee that approve air
permits or enforcement orders and as it
relates to appealed matters decided by
administrative law judges (ALJs).
Additionally, EPA is approving the
portions of North Carolina’s 2010 NO2
infrastructure SIP, 2010 SO2
infrastructure SIP, 2008 8-hour ozone
infrastructure SIP, and 2008 Lead
infrastructure SIP related to
110(a)(2)(E)(ii). EPA is also converting
previous conditional approvals for
North Carolina’s infrastructure
submissions for the 1997 8-hour ozone
NAAQS, 1997 annual and 2006 24-hour
PM2.5 NAAQS addressing CAA section
110(a)(2)(E)(ii) requirements to
approvals.
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III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
2 Sub-element 110(a)(2)(E)(ii) was previously
submitted by North Carolina DAQ to EPA to satisfy
the state board requirements for the referenced
NAAQS. EPA is taking final action to approve the
February 5, 2013, and July 27, 2015, final
submissions in conjunction with the previous
conditional approvals for the 1997 8-hour ozone
NAAQS and 1997 annual and 2006 24-hour PM2.5
NAAQS as satisfying the state board requirements
for this sub-element.
3 As noted in the NPR, as of October 1, 2012,
North Carolina has no boards or bodies with
authority over air pollution permits or enforcement
orders and therefore the requirements of section
128(a)(1) are not applicable.
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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
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
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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 January 4, 2016. 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,
Nitrogen dioxide, Ozone, Particulate
Matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: October 20, 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(e), is amended by
adding new entries for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
1997 8-hour Ozone NAAQS’’, ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 1997 Annual PM2.5 NAAQS’’,
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2006 24-hour
PM2.5 NAAQS’’, ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
■
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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations
Lead NAAQS’’, ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
8-hour Ozone NAAQS’’, ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2010 NO2 NAAQS’’, ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
SO2 NAAQS’’ and ‘‘Chapter 7A section
754 of the North Carolina General
Statues’’ at the end of the table to read
as follows:
§ 52.1770
*
67647
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
Provision
EPA
Approval
date
7/27/2015
Federal Register citation
Explanation
*
11/3/2015
*
[Insert Federal Register citation].
7/27/2015
11/3/2015
[Insert Federal Register citation].
7/27/2015
11/3/2015
[Insert Federal Register citation].
7/27/2015
....................
............................................
110(a)(1) and (2) Infrastructure Requirements for the
2008 8-hour Ozone
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the
2010 NO2 NAAQS.
7/27/2015
....................
............................................
7/27/2015
11/3/2015
[Insert Federal Register citation].
110(a)(1) and (2) Infrastructure Requirements for the
2010 SO2 NAAQS.
7/27/2015
11/3/2015
[Insert Federal Register citation].
Chapter 7A section 754 of
the North Carolina General Statues.
7/27/2015
11/3/2015
[Insert Federal Register citation].
*
*
*
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
Specifically, the following paragraph of 7A–754 stating
‘‘The Chief Administrative Law Judge and the administrative law judges shall comply with the Model
Code of Judicial Conduct for State Administrative
Law Judges, as adopted by the National Conference
of Administrative Law Judges, Judicial Division,
American Bar Association, (revised August 1998), as
amended from time to time, except that the provisions of this section shall control as to the private
practice of law in lieu of Canon 4G, and G.S. 126–
13 shall control as to political activity in lieu of
Canon 5.’’ is approved into the SIP.
*
110(a)(1) and (2) Infrastructure Requirements for the
1997 8-hour Ozone
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the
1997 Annual PM2.5
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the
2006 24-hour PM2.5
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the
2008 Lead NAAQS.
§ 52.1773
*
[Amended]
3. Amend § 52.1773 by removing
paragraph (a), and redesignating
paragraphs (b) and (c) as paragraphs (a)
and (b), respectively.
■
[FR Doc. 2015–27881 Filed 11–2–15; 8:45 am]
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0034; FRL–9936–37–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans;
Oklahoma
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Under the Federal Clean Air
Act (CAA or Act) the Environmental
SUMMARY:
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Protection Agency (EPA) is approving
revisions to the Oklahoma State
Implementation Plan (SIP) submitted by
the State of Oklahoma designee. The
revisions are administrative in nature
and modify redundant or erroneous text
within the SIP. The revisions also
incorporate new definitions and the
current national ambient air quality
standards (NAAQS) for four criteria
pollutants; delete a subchapter that
addresses motor vehicle pollution
control devices; and add requirements
for certain incinerators.
DATES: This rule is effective on January
4, 2016 without further notice, unless
EPA receives relevant adverse comment
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]]>Agencies
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67645-67647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27881]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0440; FRL-9936-35-Region 4]
Air Plan Approval; North Carolina; Conflict of Interest
Infrastructure Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the North Carolina State Implementation
Plan (SIP), submitted by the North Carolina Department of Environment
and Natural Resources (DENR), Division of Air Quality (DAQ), on
February 5, 2013, and supplemented on July 27, 2015. The submissions
pertain to conflict of interest requirements of the Clean Air Act (CAA
or Act) and were submitted to satisfy the infrastructure SIP sub-
element related to the state board for the 2010 Nitrogen Dioxide
(NO2) National Ambient Air Quality Standards (NAAQS), 2010
Sulfur Dioxide (SO2) NAAQS, 2008 8-hour Ozone NAAQS and 2008
Lead NAAQS. The CAA requires that each state adopt and submit a SIP for
the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA, commonly referred to as an ``infrastructure'' SIP,
which includes conflict of interest requirements. EPA is taking final
action to approve the portions of North Carolina's 2010 NO2
infrastructure SIP, 2010 SO2 infrastructure SIP, 2008 8-hour
ozone infrastructure SIP, and 2008 Lead infrastructure SIP as meeting
these State board requirements. EPA is also taking final action to
convert conditional approvals related to the state board requirements
for the 1997 8-hour ozone NAAQS, and the 1997 Annual Fine Particulate
Matter (PM2.5) and 2006 24-hour PM2.5 NAAQS to
full approval under the CAA. EPA notes that all other applicable North
Carolina infrastructure SIP elements for the above listed NAAQS have
been or will be addressed in separate rulemakings.
DATES: This rule will be effective December 3, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0440. 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 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 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: Sean Lakeman, 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. Mr. Lakeman can be reached by telephone at (404) 562-9043
or via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
SIPs meeting the requirements of sections 110(a)(1) and (2) of the
CAA are to be submitted by states within three years after promulgation
of a new or revised NAAQS. Sections 110(a)(1) and (2) require states to
address basic SIP requirements, including emissions inventories,
monitoring, and modeling to assure attainment and maintenance of the
NAAQS. More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS.
EPA is taking final action to approve North Carolina's February 5,
2013, and July 27, 2015, submissions as: (1) Satisfying the
requirements of section 128 of the CAA; and (2) the infrastructure SIP
sub-element for section 110(a)(2)(E)(ii) related to the state board
requirements for the 2010 NO2 NAAQS, 2010 SO2
NAAQS, 2008 8-hour Ozone NAAQS and 2008 Lead NAAQS.\1\ Additionally,
North Carolina's February 5, 2013, and July 27, 2015, submissions
satisfy EPA's multiple conditional approvals of sub-element
110(a)(2)(E)(ii) published on February 6, 2012 (77 FR 5703), and
October 16, 2012 (77 FR 63234), for the 1997 8-hour ozone NAAQS, and
1997
[[Page 67646]]
annual and 2006 24-hour PM2.5 NAAQS, respectively.\2\ As a
result of today's action approving the State's submissions as meeting
section 128 of the CAA, EPA is converting the aforementioned
conditional approvals to full approvals regarding North Carolina's
infrastructure requirements for section 110(a)(2)(E)(ii) for the 1997
8-hour ozone NAAQS, and 1997 annual and 2006 24-hour PM2.5
NAAQS.
---------------------------------------------------------------------------
\1\ Sub-element 110(a)(2)(E)(ii) was previously submitted by
North Carolina DAQ previous submissions to EPA to satisfy the state
board requirements for the referenced NAAQS. EPA is taking final
action to approve the February 5, 2013, and July 27, 2015, final
submissions in conjunction with the previously submissions for the
2010 NO2 NAAQS (August 23, 2013), 2010 SO2
NAAQS (March 18, 2014), 2008 8-hour Ozone NAAQS (November 2, 2012),
and 2008 Lead NAAQS (July 20, 2012) as satisfying for the state
board requirements of section 110(a)(2)(E)(ii) sub-element.
\2\ Sub-element 110(a)(2)(E)(ii) was previously submitted by
North Carolina DAQ to EPA to satisfy the state board requirements
for the referenced NAAQS. EPA is taking final action to approve the
February 5, 2013, and July 27, 2015, final submissions in
conjunction with the previous conditional approvals for the 1997 8-
hour ozone NAAQS and 1997 annual and 2006 24-hour PM2.5
NAAQS as satisfying the state board requirements for this sub-
element.
---------------------------------------------------------------------------
EPA proposed to approve the February 5, 2013, and July 27, 2015,
submissions in a notice of proposed rulemaking (NPR) published on
August 24, 2015. See 80 FR 51167. The details of North Carolina's
submittals and the rationale for EPA's actions are explained in the
NPR. Comments on the proposed rulemaking were due on or before
September 23, 2015. No adverse comments were received.
II. Final Action
As described above, EPA is taking final action to approve North
Carolina's February 5, 2013, and July 27, 2015, submissions concerning
the conflict of interest requirements of CAA section 128(a)(2) for
inclusion into the North Carolina SIP.\3\ Specifically, EPA is
approving North Carolina's submissions related to the Secretary of the
DENR and his/her delegatee that approve air permits or enforcement
orders and as it relates to appealed matters decided by administrative
law judges (ALJs). Additionally, EPA is approving the portions of North
Carolina's 2010 NO2 infrastructure SIP, 2010 SO2
infrastructure SIP, 2008 8-hour ozone infrastructure SIP, and 2008 Lead
infrastructure SIP related to 110(a)(2)(E)(ii). EPA is also converting
previous conditional approvals for North Carolina's infrastructure
submissions for the 1997 8-hour ozone NAAQS, 1997 annual and 2006 24-
hour PM2.5 NAAQS addressing CAA section 110(a)(2)(E)(ii)
requirements to approvals.
---------------------------------------------------------------------------
\3\ As noted in the NPR, as of October 1, 2012, North Carolina
has no boards or bodies with authority over air pollution permits or
enforcement orders and therefore the requirements of section
128(a)(1) are not applicable.
---------------------------------------------------------------------------
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. 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 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 January 4, 2016. 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, Nitrogen dioxide, Ozone,
Particulate Matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: October 20, 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(e), is amended by adding new entries for ``110(a)(1)
and (2) Infrastructure Requirements for the 1997 8-hour Ozone NAAQS'',
``110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual
PM2.5 NAAQS'', ``110(a)(1) and (2) Infrastructure
Requirements for the 2006 24-hour PM2.5 NAAQS'', ``110(a)(1)
and (2) Infrastructure Requirements for the 2008
[[Page 67647]]
Lead NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the
2008 8-hour Ozone NAAQS'', ``110(a)(1) and (2) Infrastructure
Requirements for the 2010 NO2 NAAQS'', ``110(a)(1) and (2)
Infrastructure Requirements for the 2010 SO2 NAAQS'' and
``Chapter 7A section 754 of the North Carolina General Statues'' at the
end of the table to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA
Provision effective Approval Federal Register Explanation
date date citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 7/27/2015 11/3/2015 [Insert Federal approving 110(a)(2)(E)(ii)
Requirements for the 1997 8-hour Register citation]. as it relates to the
Ozone NAAQS. Secretary of the DENR and
his/her delegatee that
approve permit or
enforcement orders and
appealed matters decided
by ALJs.
110(a)(1) and (2) Infrastructure 7/27/2015 11/3/2015 [Insert Federal approving 110(a)(2)(E)(ii)
Requirements for the 1997 Annual Register citation]. as it relates to the
PM2.5 NAAQS. Secretary of the DENR and
his/her delegatee that
approve permit or
enforcement orders and
appealed matters decided
by ALJs.
110(a)(1) and (2) Infrastructure 7/27/2015 11/3/2015 [Insert Federal approving 110(a)(2)(E)(ii)
Requirements for the 2006 24-hour Register citation]. as it relates to the
PM2.5 NAAQS. Secretary of the DENR and
his/her delegatee that
approve permit or
enforcement orders and
appealed matters decided
by ALJs.
110(a)(1) and (2) Infrastructure 7/27/2015 ........... ..................... approving 110(a)(2)(E)(ii)
Requirements for the 2008 Lead as it relates to the
NAAQS. Secretary of the DENR and
his/her delegatee that
approve permit or
enforcement orders and
appealed matters decided
by ALJs.
110(a)(1) and (2) Infrastructure 7/27/2015 ........... ..................... approving 110(a)(2)(E)(ii)
Requirements for the 2008 8-hour as it relates to the
Ozone NAAQS. Secretary of the DENR and
his/her delegatee that
approve permit or
enforcement orders and
appealed matters decided
by ALJs.
110(a)(1) and (2) Infrastructure 7/27/2015 11/3/2015 [Insert Federal approving 110(a)(2)(E)(ii)
Requirements for the 2010 NO2 Register citation]. as it relates to the
NAAQS. Secretary of the DENR and
his/her delegatee that
approve permit or
enforcement orders and
appealed matters decided
by ALJs.
110(a)(1) and (2) Infrastructure 7/27/2015 11/3/2015 [Insert Federal approving 110(a)(2)(E)(ii)
Requirements for the 2010 SO2 Register citation]. as it relates to the
NAAQS. Secretary of the DENR and
his/her delegatee that
approve permit or
enforcement orders and
appealed matters decided
by ALJs.
Chapter 7A section 754 of the North 7/27/2015 11/3/2015 [Insert Federal Specifically, the
Carolina General Statues. Register citation]. following paragraph of 7A-
754 stating ``The Chief
Administrative Law Judge
and the administrative
law judges shall comply
with the Model Code of
Judicial Conduct for
State Administrative Law
Judges, as adopted by the
National Conference of
Administrative Law
Judges, Judicial
Division, American Bar
Association, (revised
August 1998), as amended
from time to time, except
that the provisions of
this section shall
control as to the private
practice of law in lieu
of Canon 4G, and G.S. 126-
13 shall control as to
political activity in
lieu of Canon 5.'' is
approved into the SIP.
----------------------------------------------------------------------------------------------------------------
Sec. 52.1773 [Amended]
0
3. Amend Sec. 52.1773 by removing paragraph (a), and redesignating
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.
[FR Doc. 2015-27881 Filed 11-2-15; 8:45 am]
BILLING CODE 6560-50-P
