Air Plan Approval; North Carolina; Regional Haze Progress Report, 58400-58402 [2016-20309]
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Chapter 08. Non-attainment Area Regulations
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Ozone nonattainment emission inventory rule.
Incorporation by reference ...............
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0449; FRL–9951–25–
Region 4]
Air Plan Approval; North Carolina;
Regional Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of North Carolina
through the North Carolina Division of
Air Quality (NC DAQ) on May 31, 2013.
North Carolina’s May 31, 2013, SIP
revision (Progress Report) addresses
requirements of the Clean Air Act (CAA
or Act) and EPA’s rules that require
each state to submit periodic reports
describing progress towards reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the state’s existing SIP
addressing regional haze (regional haze
plan). EPA is approving North
Carolina’s Progress Report on the basis
that it addresses the progress report and
adequacy determination requirements
for the first implementation period for
regional haze.
DATES: This rule will be effective
September 26, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0449. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
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SUMMARY:
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10/24/2016.
11/22/2013
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[FR Doc. 2016–20315 Filed 8–24–16; 8:45 am]
VerDate Sep<11>2014
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11/22/2013
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10/24/2016.
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[Insert Federal Register citation]. 8/
25/2016.
[Insert Federal Register citation]. 8/
25/2016.
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some information may not be 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 phone at
(404) 562–9043 and via electronic mail
at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Regional Haze Rule,1 each
state was required to submit its first
implementation plan addressing
regional haze visibility impairment to
EPA no later than December 17, 2007.
See 40 CFR 51.308(b). North Carolina
submitted its regional haze plan on that
date, and like many other states subject
1 Located
PO 00000
in 40 CFR part 51, subpart P.
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to the Clean Air Interstate Rule (CAIR),
relied on CAIR to satisfy best available
retrofit technology (BART) requirements
for emissions of sulfur dioxide (SO2)
and nitrogen oxides (NOX) from electric
generating units (EGUs) in the State. On
June 7, 2012, EPA finalized a limited
disapproval of North Carolina’s
December 17, 2007, regional haze plan
submission because of deficiencies
arising from the State’s reliance on CAIR
to satisfy certain regional haze
requirements. See 77 FR 33642. In a
separate action taken on June 27, 2012,
EPA finalized a limited approval of
North Carolina’s December 17, 2007,
regional haze plan submission, as
meeting some of the applicable regional
haze requirements as set forth in
sections 169A and 169B of the CAA and
in 40 CFR 51.300–308. See 77 FR 38185.
On October 31, 2014, the State
submitted a regional haze plan revision
to correct the deficiencies identified in
the June 27, 2012, limited disapproval
by replacing reliance on CAIR with
reliance on the State’s Clean
Smokestacks Act (CSA) as an alternative
to NOX and SO2 BART for BARTeligible EGUs formerly subject to CAIR.
EPA approved that SIP revision on May
24, 2016, resulting in a full approval of
North Carolina’s regional haze plan. See
81 FR 32652.
Each state is also required to submit
a progress report in the form of a SIP
revision every five years that evaluates
progress towards the RPGs for each
mandatory Class I Federal area within
the state and for each mandatory Class
I Federal area outside the state which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
Each state is also required to submit, at
the same time as the progress report, a
determination of the adequacy of its
existing regional haze plan. See 40 CFR
51.308(h). The first progress report was
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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations
due five years after submittal of the
initial regional haze plan.
On May 31, 2013, as required by 40
CFR 51.308(g), NC DAQ submitted to
EPA, in the form of a revision to North
Carolina’s SIP, a report on progress
made towards the RPGs for Class I areas
in the State and for Class I areas outside
the State that are affected by emissions
from sources within the State. This
submission also includes a negative
declaration pursuant to 40 CFR
51.308(h)(1) that the State’s regional
haze plan is sufficient in meeting the
requirements of the Regional Haze Rule
and revised RPGs for the five Class I
areas within the State based on updated
modeling. In a notice of proposed
rulemaking (NPRM) published on June
15, 2016 (81 FR 38986), EPA proposed
to approve North Carolina’s Progress
Report on the basis that it satisfies the
requirements of 40 CFR 51.308(g) and
51.308(h) now that EPA has fully
approved the State’s regional haze plan.
No comments were received on the June
15, 2016, proposed rulemaking. The
details of North Carolina’s submittal and
the rationale for EPA’s actions are
further explained in the NPRM. See 81
FR 38986 (June 15, 2016).
II. Final Action
EPA is finalizing approval of North
Carolina’s Regional Haze Progress
Report SIP revision, submitted by the
State on May 31, 2013, as meeting the
applicable regional haze requirements
set forth in 40 CFR 51.308(g) and
51.308(h). EPA also is finalizing
approval of the updated RPGs for North
Carolina’s Class I areas.
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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
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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
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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 October 24, 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 oxides, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Dated: August 15, 2016.
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 an entry for ‘‘May 2013 Regional
Haze Progress Report’’ at the end of the
table to read as follows:
■
§ 52.1770
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Identification of plan.
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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective
date
Provision
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May 2013 Regional Haze Progress Report ...............
[FR Doc. 2016–20309 Filed 8–24–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0169; FRL–9951–29–
Region 5]
Air Plan Approval; Indiana; RACM
Determination for Indiana Portion of
the Cincinnati-Hamilton 1997 Annual
PM2.5 Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the
reasonably available control measures
(RACM) and reasonably available
control technology (RACT) analysis that
Indiana submitted as part of its
attainment plan for the 1997 fine
particulate matter (PM2.5) standard, in
accordance with Indiana’s request dated
February 11, 2016. The RACM/RACT
analysis addresses RACM and RACT for
the Indiana portion of the CincinnatiHamilton nonattainment area for the
1997 PM2.5 standard. EPA is not acting
on the portions of the State
Implementation Plan (SIP) submission
that are unrelated to RACM/RACT.
Other portions of the attainment plan
have either been addressed or will be
addressed in future rulemaking actions.
DATES: This direct final rule will be
effective October 24, 2016, unless EPA
receives adverse comments by
September 26, 2016. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0169 at https://
www.regulations.gov or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
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SUMMARY:
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EPA Approval
date
Federal Register citation
*
5/31/2013
*
8/25/2016
[Insert citation of publication].
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Joseph Ko, Environmental Engineer,
Attainment, Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7947,
ko.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. What are EPA’s actions?
III. What is EPA’s analysis of the State’s
RACM submittal?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated
the first national ambient air quality
standards (NAAQS) for PM2.5. EPA
promulgated an annual standard of 15
micrograms per cubic meter (mg/m3)
(based on a 3-year average of annual
mean PM2.5 concentrations) and a 24-
PO 00000
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Explanation
*
Includes updated reasonable progress goals for
North Carolina’s Class I
areas.
hour standard of 65 mg/m3 (based on a
3-year average of the 98th percentile of
24-hour concentrations). See 62 FR
38652. On December 17, 2004, based on
2001–2003 monitoring data, EPA
designated the Cincinnati-Hamilton OHKY-IN area (the Cincinnati-Hamilton
area) as nonattainment for the annual
standard for fine particles, and these
designations became effective on April
5, 2005. See 70 FR 944. On July 3, 2008,
Indiana requested that EPA redesignate
as attainment its portion of the
Cincinnati-Hamilton area, showing that
existing permanent and enforceable
controls would provide for timely
attainment of the 1997 PM2.5 standard
by the attainment deadline of April 5,
2010. On September 29, 2011, based on
2007–2009 monitoring data, EPA made
a ‘‘clean data determination’’ and
determination of attainment, indicating
that the entire area was attaining the
1997 PM2.5 NAAQS by its applicable
attainment date. See 76 FR 60373. The
clean data determination suspended all
further planning SIP revision
requirements.
As part of its action approving the
redesignation of the Indiana and Ohio
portions of the Cincinnati-Hamilton area
to attainment, published on December
23, 2011, EPA found that the states of
Ohio and Indiana had satisfied the
remaining applicable requirements,
including the requirement to submit an
emission inventory in accordance with
section 172(c)(3). See 76 FR 80253. The
redesignation to attainment was based,
in part, on EPA’s longstanding
interpretation that Subpart 1
nonattainment planning requirements,
including RACM, are not ‘‘applicable’’
for purposes of Clean Air Act section
107(d)(3)(E)(ii) and (v) when an area is
attaining the NAAQS and, therefore,
need not be approved into the SIP
before EPA can redesignate the area. See
76 FR 80258.
On July 14, 2015, the United States
Court of Appeals for the Sixth Circuit
(Sixth Circuit) issued an opinion in
Sierra Club v. EPA, 793 F.3d 656 (6th
Cir. 2015), vacating EPA’s redesignation
of the Indiana and Ohio portions of the
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]]>Agencies
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58400-58402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20309]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0449; FRL-9951-25-Region 4]
Air Plan Approval; North Carolina; Regional Haze Progress Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of North
Carolina through the North Carolina Division of Air Quality (NC DAQ) on
May 31, 2013. North Carolina's May 31, 2013, SIP revision (Progress
Report) addresses requirements of the Clean Air Act (CAA or Act) and
EPA's rules that require each state to submit periodic reports
describing progress towards reasonable progress goals (RPGs)
established for regional haze and a determination of the adequacy of
the state's existing SIP addressing regional haze (regional haze plan).
EPA is approving North Carolina's Progress Report on the basis that it
addresses the progress report and adequacy determination requirements
for the first implementation period for regional haze.
DATES: This rule will be effective September 26, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0449. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be 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 phone at (404) 562-9043 and
via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Regional Haze Rule,\1\ each state was required to submit
its first implementation plan addressing regional haze visibility
impairment to EPA no later than December 17, 2007. See 40 CFR
51.308(b). North Carolina submitted its regional haze plan on that
date, and like many other states subject to the Clean Air Interstate
Rule (CAIR), relied on CAIR to satisfy best available retrofit
technology (BART) requirements for emissions of sulfur dioxide
(SO2) and nitrogen oxides (NOX) from electric
generating units (EGUs) in the State. On June 7, 2012, EPA finalized a
limited disapproval of North Carolina's December 17, 2007, regional
haze plan submission because of deficiencies arising from the State's
reliance on CAIR to satisfy certain regional haze requirements. See 77
FR 33642. In a separate action taken on June 27, 2012, EPA finalized a
limited approval of North Carolina's December 17, 2007, regional haze
plan submission, as meeting some of the applicable regional haze
requirements as set forth in sections 169A and 169B of the CAA and in
40 CFR 51.300-308. See 77 FR 38185. On October 31, 2014, the State
submitted a regional haze plan revision to correct the deficiencies
identified in the June 27, 2012, limited disapproval by replacing
reliance on CAIR with reliance on the State's Clean Smokestacks Act
(CSA) as an alternative to NOX and SO2 BART for
BART-eligible EGUs formerly subject to CAIR. EPA approved that SIP
revision on May 24, 2016, resulting in a full approval of North
Carolina's regional haze plan. See 81 FR 32652.
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\1\ Located in 40 CFR part 51, subpart P.
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Each state is also required to submit a progress report in the form
of a SIP revision every five years that evaluates progress towards the
RPGs for each mandatory Class I Federal area within the state and for
each mandatory Class I Federal area outside the state which may be
affected by emissions from within the state. See 40 CFR 51.308(g). Each
state is also required to submit, at the same time as the progress
report, a determination of the adequacy of its existing regional haze
plan. See 40 CFR 51.308(h). The first progress report was
[[Page 58401]]
due five years after submittal of the initial regional haze plan.
On May 31, 2013, as required by 40 CFR 51.308(g), NC DAQ submitted
to EPA, in the form of a revision to North Carolina's SIP, a report on
progress made towards the RPGs for Class I areas in the State and for
Class I areas outside the State that are affected by emissions from
sources within the State. This submission also includes a negative
declaration pursuant to 40 CFR 51.308(h)(1) that the State's regional
haze plan is sufficient in meeting the requirements of the Regional
Haze Rule and revised RPGs for the five Class I areas within the State
based on updated modeling. In a notice of proposed rulemaking (NPRM)
published on June 15, 2016 (81 FR 38986), EPA proposed to approve North
Carolina's Progress Report on the basis that it satisfies the
requirements of 40 CFR 51.308(g) and 51.308(h) now that EPA has fully
approved the State's regional haze plan. No comments were received on
the June 15, 2016, proposed rulemaking. The details of North Carolina's
submittal and the rationale for EPA's actions are further explained in
the NPRM. See 81 FR 38986 (June 15, 2016).
II. Final Action
EPA is finalizing approval of North Carolina's Regional Haze
Progress Report SIP revision, submitted by the State on May 31, 2013,
as meeting the applicable regional haze requirements set forth in 40
CFR 51.308(g) and 51.308(h). EPA also is finalizing approval of the
updated RPGs for North Carolina's Class I areas.
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 October 24, 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 oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Dated: August 15, 2016.
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 an entry for ``May 2013
Regional Haze Progress Report'' at the end of the table to read as
follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
[[Page 58402]]
EPA-Approved North Carolina Non-Regulatory Provisions
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State EPA Approval
Provision effective date date Federal Register citation Explanation
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* * * * * * *
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May 2013 Regional Haze Progress 5/31/2013 8/25/2016 [Insert citation of publication]........ Includes updated reasonable progress
Report. goals for North Carolina's Class I
areas.
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[FR Doc. 2016-20309 Filed 8-24-16; 8:45 am]
BILLING CODE 6560-50-P
