Air Plan Approval; NC Infrastructure Requirements for the 2010 1-hour NO2, 70968-70970 [2016-24778]
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
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[FR Doc. 2016–24779 Filed 10–13–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0362; FRL–9954–09Region 4]
Air Plan Approval; NC Infrastructure
Requirements for the 2010 1-hour NO2
NAAQS
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the State Implementation Plan
(SIP) submission, submitted by the State
of North Carolina, through the North
Carolina Department of Environmental
Quality, Division of Air Quality
(NCDAQ) on August 23, 2013, to
demonstrate that the State meets certain
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2010 1hour nitrogen dioxide (NO2) national
ambient air quality standards (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. NCDAQ certified
that the North Carolina SIP contains
provisions that ensure the 2010 1-hour
NO2 NAAQS is implemented, enforced,
and maintained in North Carolina. EPA
has determined that North Carolina’s
infrastructure SIP submission, provided
to EPA on August 23, 2013, satisfies
certain required infrastructure elements
for the 2010 1-hour NO2 NAAQS.
DATES: This rule is effective November
14, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0362. 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,
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SUMMARY:
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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:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW., Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8726. Mr. Richard Wong can
also be reached via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On January 22, 2010 (published at 75
FR 6474, 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. Pursuant to
section 110(a)(1) of the CAA, states are
required to submit SIPs meeting the
requirements of section 110(a)(2) within
three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(2) requires states to
address basic SIP elements such as
requirements for monitoring, basic
program requirements and legal
authority that are designed to assure
attainment and maintenance of the
NAAQS. States were required to submit
such SIPs for the 2010 NO2 NAAQS to
EPA no later than January 22, 2013.
In a proposed rulemaking published
on July 20, 2016 (81 FR 47115), EPA
proposed to approve North Carolina’s
2010 1-hour NO2 NAAQS infrastructure
SIP submission submitted on August 23,
2013, with the exception of the elements
related to state boards of section
110(a)(2)(E)(ii), the PSD permitting
requirements for major sources of
sections 110(a)(2)(C), and (J), and the
interstate requirements of
110(a)(2)(D)(i)(I) and (II) (prongs 1
through 4). On November 13, 2015, EPA
approved North Carolina’s August 23,
2013, infrastructure SIP submission
regarding the state boards requirements
of sections 110(a)(2)(E)(ii). See 80 FR
67645. On May 10, 2016 (81 FR 28797),
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EPA proposed to approve in part and
disapprove in part, North Carolina’s
December 4, 2015, infrastructure SIP
submission regarding the PSD
permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of D(i) and (J) for the 2012 Annual PM2.5
NAAQS. Today EPA is not taking final
action pertaining to sections
110(a)(2)(C), prong 3 of D(i) and (J) for
North Carolina for the 2010 1-hour NO2
NAAQS but instead will consider final
action of these elements in a separate
rulemaking. Additionally, on June 3,
2016, EPA finalized a rule related to the
prong 4 element of North Carolina’s
August 23, 2013, SIP submission for the
2010 1-hour NO2 NAAQS. See 81 FR
35634. With respect to the interstate
transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2), North
Carolina provided a separate submission
and EPA is considering action related to
these provisions through a separate
rulemaking. The details of North
Carolina’s submission and the rationale
for EPA’s actions for this final
rulemaking are explained in the July 20,
2016, proposed rulemaking. Comments
on the proposed rulemaking were due
on or before August 19, 2016. EPA
received no adverse comments on the
proposed action.
II. Final Action
With the exception of the elements
related to state boards of section
110(a)(2)(E)(ii), the PSD permitting
requirements for major sources of
sections 110(a)(2)(C), and (J), and the
interstate requirements of
110(a)(2)(D)(i)(I) and (II) (prongs 1
through 4), EPA is taking final action to
approve North Carolina’s infrastructure
SIP submission for the 2010 1-hour NO2
NAAQS submitted on August 23, 2013.
EPA is taking final action to approve
North Carolina’s infrastructure SIP
submission for the 2010 1-hour NO2
NAAQS because the submission is
consistent with section 110 of the CAA.
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:
E:\FR\FM\14OCR1.SGM
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
• 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 December 13, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
70969
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, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: October 3, 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 ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
1-hour NO2 NAAQS’’ at the end of the
table to read as follows:
■
§ 52.1770
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Identification of plan.
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(e) * * *
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EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
Provision
EPA approval
date
State effective date
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110(a)(1) and (2) Infrastruc- August 23, 2013 .................................
ture Requirements for the
2010 1-hour NO2 NAAQS.
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10/14/16
Federal Register
citation
Explanation
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[Insert citation of publication].
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With the exception of sections: 110(a)(2)(E)(ii)
concerning state boards;
110(a)(2)(C) and (J) concerning PSD permitting
requirements; and
110(a)(2)(D)(i)(I) and (II)
(prongs 1 through 4)
concerning interstate
transport requirements.
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[FR Doc. 2016–24778 Filed 10–13–16; 8:45 am]
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 180
[EPA–HQ–OPP–2016–0429; FRL–9952–59]
Isofetamid; Pesticide Tolerances for
Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
time-limited tolerances for residues of
the fungicide isofetamid, N-[1,1dimethyl-2-[2-methyl-4-(1methylethoxy)phenyl]-2-oxoethyl]-3methyl-2-thiophenecarboxamide, in or
on caneberry subgroup 13–07A and
bushberry subgroup 13–07B. This action
is in response to EPA’s granting of an
emergency exemption, under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
use of the pesticide on caneberry
subgroup 13–07A and bushberry
subgroup 13–07B. This regulation
establishes maximum permissible levels
for residues of isofetamid in or on these
commodities. The time-limited
tolerances expire on December 31, 2019.
DATES: This regulation is effective
October 14, 2016. Objections and
requests for hearings must be received
on or before December 13, 2016, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0429, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
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SUMMARY:
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17:18 Oct 13, 2016
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A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2016–0429 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before December 13, 2016. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2016–0429, by one of the following
methods:
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• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
II. Background and Statutory Findings
EPA, on its own initiative, in
accordance with FFDCA sections 408(e)
and 408(l)(6) of, 21 U.S.C. 346a(e) and
346a(1)(6), is establishing time-limited
tolerances for the fungicide, isofetamid,
N-[1,1-dimethyl-2-[2-methyl-4-(1methylethoxy)phenyl]-2-oxoethyl]-3methyl-2-thiophenecarboxamide, in or
on caneberry subgroup 13–07A at 4.0
parts per million (ppm) and bushberry
subgroup 13–07B at 5.0 ppm. These
time-limited tolerances expire on
December 31, 2019.
Section 408(l)(6) of FFDCA requires
EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
an emergency exemption granted by
EPA under FIFRA section 18. Such
tolerances can be established without
providing notice or period for public
comment. EPA does not intend for its
actions on FIFRA section 18 related
time-limited tolerances to set binding
precedents for the application of FFDCA
section 408 and the safety standard to
other tolerances and exemptions.
Section 408(e) of FFDCA allows EPA to
establish a tolerance or an exemption
from the requirement of a tolerance on
its own initiative, i.e., without having
received any petition from an outside
party.
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
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]]>Agencies
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Rules and Regulations]
[Pages 70968-70970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24778]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0362; FRL-9954-09-Region 4]
Air Plan Approval; NC Infrastructure Requirements for the 2010 1-
hour NO2 NAAQS
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the State Implementation Plan (SIP) submission,
submitted by the State of North Carolina, through the North Carolina
Department of Environmental Quality, Division of Air Quality (NCDAQ) on
August 23, 2013, to demonstrate that the State meets certain
infrastructure requirements of the Clean Air Act (CAA or Act) for the
2010 1-hour nitrogen dioxide (NO2) national ambient air
quality standards (NAAQS). The CAA requires that each state adopt and
submit a SIP for the implementation, maintenance and enforcement of
each NAAQS promulgated by EPA, which is commonly referred to as an
``infrastructure'' SIP. NCDAQ certified that the North Carolina SIP
contains provisions that ensure the 2010 1-hour NO2 NAAQS is
implemented, enforced, and maintained in North Carolina. EPA has
determined that North Carolina's infrastructure SIP submission,
provided to EPA on August 23, 2013, satisfies certain required
infrastructure elements for the 2010 1-hour NO2 NAAQS.
DATES: This rule is effective November 14, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0362. 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: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-8726. Mr. Richard Wong can also be
reached via electronic mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On January 22, 2010 (published at 75 FR 6474, 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. Pursuant to section 110(a)(1) of the CAA, states are
required to submit SIPs meeting the requirements of section 110(a)(2)
within three years after promulgation of a new or revised NAAQS or
within such shorter period as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP elements such as requirements for
monitoring, basic program requirements and legal authority that are
designed to assure attainment and maintenance of the NAAQS. States were
required to submit such SIPs for the 2010 NO2 NAAQS to EPA
no later than January 22, 2013.
In a proposed rulemaking published on July 20, 2016 (81 FR 47115),
EPA proposed to approve North Carolina's 2010 1-hour NO2
NAAQS infrastructure SIP submission submitted on August 23, 2013, with
the exception of the elements related to state boards of section
110(a)(2)(E)(ii), the PSD permitting requirements for major sources of
sections 110(a)(2)(C), and (J), and the interstate requirements of
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4). On November 13, 2015,
EPA approved North Carolina's August 23, 2013, infrastructure SIP
submission regarding the state boards requirements of sections
110(a)(2)(E)(ii). See 80 FR 67645. On May 10, 2016 (81 FR 28797), EPA
proposed to approve in part and disapprove in part, North Carolina's
December 4, 2015, infrastructure SIP submission regarding the PSD
permitting requirements for major sources of sections 110(a)(2)(C),
prong 3 of D(i) and (J) for the 2012 Annual PM2.5 NAAQS.
Today EPA is not taking final action pertaining to sections
110(a)(2)(C), prong 3 of D(i) and (J) for North Carolina for the 2010
1-hour NO2 NAAQS but instead will consider final action of
these elements in a separate rulemaking. Additionally, on June 3, 2016,
EPA finalized a rule related to the prong 4 element of North Carolina's
August 23, 2013, SIP submission for the 2010 1-hour NO2
NAAQS. See 81 FR 35634. With respect to the interstate transport
requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), North
Carolina provided a separate submission and EPA is considering action
related to these provisions through a separate rulemaking. The details
of North Carolina's submission and the rationale for EPA's actions for
this final rulemaking are explained in the July 20, 2016, proposed
rulemaking. Comments on the proposed rulemaking were due on or before
August 19, 2016. EPA received no adverse comments on the proposed
action.
II. Final Action
With the exception of the elements related to state boards of
section 110(a)(2)(E)(ii), the PSD permitting requirements for major
sources of sections 110(a)(2)(C), and (J), and the interstate
requirements of 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), EPA
is taking final action to approve North Carolina's infrastructure SIP
submission for the 2010 1-hour NO2 NAAQS submitted on August
23, 2013. EPA is taking final action to approve North Carolina's
infrastructure SIP submission for the 2010 1-hour NO2 NAAQS
because the submission is consistent with section 110 of the CAA.
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:
[[Page 70969]]
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 December 13, 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,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: October 3, 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 ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 1-hour NO2
NAAQS'' 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 effective EPA approval Federal Register
Provision date date citation Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure August 23, 2013.... 10/14/16 [Insert citation of With the exception
Requirements for the 2010 1- publication]. of sections:
hour NO2 NAAQS. 110(a)(2)(E)(ii)
concerning state
boards;
110(a)(2)(C) and
(J) concerning PSD
permitting
requirements; and
110(a)(2)(D)(i)(I)
and (II) (prongs 1
through 4)
concerning
interstate
transport
requirements.
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[FR Doc. 2016-24778 Filed 10-13-16; 8:45 am]
BILLING CODE 6560-50-P
