Air Plan Approval; NC; Infrastructure Requirements for the 2012 PM2.5, 16924-16926 [2017-06879]

Download as PDF 16924 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS Name of source * Saint Paul Park Refining Co., LLC. * 16300003–021 * * * State effective date Permit No. * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2014–0428; FRL–9960–95– Region 4] Air Plan Approval; NC; Infrastructure Requirements for the 2012 PM2.5 National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of North Carolina, through the Department of Environmental Quality (DEQ), on December 4, 2015, for inclusion into the North Carolina SIP, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (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 submission.’’ DEQ certified that the North Carolina SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in North Carolina. EPA has determined that portions of North Carolina’s SIP satisfies certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS. DATES: This rule will be effective May 8, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2014–0428. All documents in the docket are listed on the www.regulations.gov nlaroche on DSK30NT082PROD with RULES SUMMARY: 16:35 Apr 06, 2017 * 4/7/2017, [Insert Federal Register citation]. * [FR Doc. 2017–06881 Filed 4–6–17; 8:45 am] VerDate Sep<11>2014 * 11/25/2015 EPA approval date Jkt 241001 * Comments * * * Only conditions cited as ‘‘Title I Condition: 40 CFR 50.4 (SO2 SIP), Title I Condition: 40 CFR pt. 52, subp. Y’’ * 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: Tiereny Bell, 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. Ms. Bell can be reached via electronic mail at bell.tiereny@epa.gov or via telephone at (404) 562–9088. SUPPLEMENTARY INFORMATION: I. Background and Overview On December 14, 2012, EPA promulgated a revised primary annual PM2.5 NAAQS. The standard was strengthened from 15.0 micrograms per cubic meter (mg/m3) to 12.0 mg/m3. See 78 FR 3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable 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 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 * * 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 2012 Annual PM2.5 NAAQS to EPA no later than December 14, 2015. In a proposed rulemaking published on July 21, 2016 (81 FR 47314), EPA proposed to approve portions of North Carolina’s December 4, 2015, SIP submission for the 2012 Annual PM2.5 NAAQS with the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) and preconstruction prevention of significant deterioration (PSD) permitting requirements for major sources of section 110(a)(2)(C) and (J). On September 14, 2016 (81 FR 63107), EPA finalized approval in part and disapproval in part of 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. Additionally, on June 3, 2016, EPA finalized a rule related to the prong 4 element of North Carolina’s December 4, 2015, SIP submission for the 2012 Annual PM2.5 NAAQS. See 81 FR 35634. Therefore, EPA is not taking final action pertaining to sections 110(a)(2)(C), prongs 3 and 4 of D(i) and (J) for North Carolina for the 2012 Annual PM2.5 NAAQS in this action. With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA will consider these requirements in relation to North Carolina’s 2012 Annual PM2.5 NAAQS infrastructure submission in a separate rulemaking. The details of North Carolina’s submission and the rationale for EPA’s actions for this final rule are explained in the July 21, 2016, proposed rulemaking. Comments on the proposed rulemaking were due on or before August 22, 2016. EPA received no comments, adverse or otherwise. II. Final Action EPA is taking final action to approve North Carolina’s infrastructure E:\FR\FM\07APR1.SGM 07APR1 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations submission submitted on December 4, 2015, for the 2012 Annual PM2.5 NAAQS for the infrastructure SIP requirements, with the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) and preconstruction PSD permitting requirements for major sources of section 110(a)(2)(C) and (J). EPA is taking final action to approve all other elements of North Carolina’s infrastructure SIP submission for the 2012 Annual PM2.5 NAAQS because the submission is consistent with section 110 of the CAA. EPA notes that the Agency is not approving any specific rule, but rather approving that North Carolina’s already approved SIP meets certain CAA requirements. 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). In addition, 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 16925 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 June 6, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 15, 2017. V. Anne Heard, Acting 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 a new entry ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS’’ at the end of the table to read as follows: ■ § 52.1770 * Identification of plan. * * (e) * * * * * EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS State effective date nlaroche on DSK30NT082PROD with RULES Provision * * 110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS. VerDate Sep<11>2014 16:38 Apr 06, 2017 Jkt 241001 * 12/4/2015 PO 00000 Frm 00035 EPA approval date Federal Register notice * 4/7/2017 Fmt 4700 * [Insert citation of publication]. Sfmt 4700 Explanation * * With the exception of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) and the PSD requirements of section 110(a)(2)(C) and (J). E:\FR\FM\07APR1.SGM 07APR1 16926 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations [FR Doc. 2017–06879 Filed 4–6–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2016–0328; FRL–9960–78– Region 5] Air Plan Approval; Indiana; Emissions Statements Rule Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving revisions to the emissions statements rule in the Indiana State Implementation Plan (SIP). These revisions extend Indiana’s emissions statements regulations to Lawrenceburg Township, Dearborn County, in order to comply with Clean Air Act (CAA) requirements for the 2008 ozone National Ambient Air Quality Standards (NAAQS). These revisions also include minor formatting changes. The Indiana Department of Environmental Management (IDEM) submitted these revisions to EPA on November 18, 2016. EPA proposed to approve them on December 27, 2016, and received one public comment in response, which expressed support for EPA’s action. DATES: This final rule is effective on May 8, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2016–0328. 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 (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Eric Svingen, Environmental Engineer, at (312) 353–4489 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, nlaroche on DSK30NT082PROD with RULES SUMMARY: VerDate Sep<11>2014 14:50 Apr 06, 2017 Jkt 241001 Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–4489, svingen.eric@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. What is being addressed in this document? II. What comments did we receive on the proposed rule? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is being addressed in this document? In this rule, EPA takes final action on the submission from IDEM, dated November 18, 2016, requesting that EPA approve revisions to 326 IAC 2–6 (‘‘Emission Reporting’’) into Indiana’s SIP. Specifically, IDEM has requested that EPA approve into the SIP a change to the applicability section at 326 IAC 2–6–1 that extends the emissions statements rule to Lawrenceburg Township, Dearborn County. The revised rule also contains minor formatting changes that clarify references to related rules. IDEM made this submission to satisfy requirements under Section 182(a)(3)(B) of the CAA, which mandates that each state submit a revision to its SIP to require that the owners or operators of applicable stationary sources of nitrogen oxides (NOX) or volatile organic compounds (VOCs) in ozone nonattainment areas provide annual emissions statements. This requirement applies in all ozone nonattainment areas to any source emitting at least 25 tons per year of VOCs or NOX. On May 21, 2012, EPA designated the portion of Dearborn County that is within Lawrenceburg Township as a nonattainment area for the 2008 ozone NAAQS (77 FR 30088). IDEM’s submission addresses Indiana’s obligation under Section 182(a)(3)(B) of the CAA to submit a SIP revision applying emissions statements requirements to Lawrenceburg Township. The background for today’s action is discussed in more detail in EPA’s proposal, dated December 27, 2016 (81 FR 95080). II. What comments did we receive on the proposed rule? EPA provided a 30-day review and comment period for the December 27, 2016, proposed rule. The comment period ended on January 26, 2017. We received one comment on the proposed PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 rule, which expressed support for these revisions. The commenter wrote that this rule ’’strengthens policy that seeks to protect and maintain air quality under standards that are stringent and necessary for [maintaining] the health of the citizenry.’’ III. What action is EPA taking? EPA is approving into Indiana’s SIP the revisions to 326 IAC 2–6–1 submitted to EPA on November 18, 2016. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Indiana Regulations described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.1 EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and/or at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive 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 1 62 E:\FR\FM\07APR1.SGM FR 27968 (May 22, 1997). 07APR1

Agencies

[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16924-16926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06879]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0428; FRL-9960-95-Region 4]


Air Plan Approval; NC; Infrastructure Requirements for the 2012 
PM2.5 National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of the State Implementation Plan (SIP) 
submission, submitted by the State of North Carolina, through the 
Department of Environmental Quality (DEQ), on December 4, 2015, for 
inclusion into the North Carolina SIP, to demonstrate that the State 
meets the infrastructure requirements of the Clean Air Act (CAA or Act) 
for the 2012 annual fine particulate matter (PM2.5) national 
ambient air quality standard (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 submission.'' DEQ certified that 
the North Carolina SIP contains provisions that ensure the 2012 Annual 
PM2.5 NAAQS is implemented, enforced, and maintained in 
North Carolina. EPA has determined that portions of North Carolina's 
SIP satisfies certain required infrastructure elements for the 2012 
Annual PM2.5 NAAQS.

DATES: This rule will be effective May 8, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0428. 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: Tiereny Bell, 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. Ms. Bell can be reached via electronic mail at 
bell.tiereny@epa.gov or via telephone at (404) 562-9088.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On December 14, 2012, EPA promulgated a revised primary annual 
PM2.5 NAAQS. The standard was strengthened from 15.0 
micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR 
3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIPs meeting the applicable 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 2012 Annual 
PM2.5 NAAQS to EPA no later than December 14, 2015.
    In a proposed rulemaking published on July 21, 2016 (81 FR 47314), 
EPA proposed to approve portions of North Carolina's December 4, 2015, 
SIP submission for the 2012 Annual PM2.5 NAAQS with the 
exception of the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) and preconstruction 
prevention of significant deterioration (PSD) permitting requirements 
for major sources of section 110(a)(2)(C) and (J). On September 14, 
2016 (81 FR 63107), EPA finalized approval in part and disapproval in 
part of 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. Additionally, on June 3, 2016, EPA finalized a 
rule related to the prong 4 element of North Carolina's December 4, 
2015, SIP submission for the 2012 Annual PM2.5 NAAQS. See 81 
FR 35634. Therefore, EPA is not taking final action pertaining to 
sections 110(a)(2)(C), prongs 3 and 4 of D(i) and (J) for North 
Carolina for the 2012 Annual PM2.5 NAAQS in this action. 
With respect to the interstate transport requirements of section 
110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA will consider these 
requirements in relation to North Carolina's 2012 Annual 
PM2.5 NAAQS infrastructure submission in a separate 
rulemaking. The details of North Carolina's submission and the 
rationale for EPA's actions for this final rule are explained in the 
July 21, 2016, proposed rulemaking. Comments on the proposed rulemaking 
were due on or before August 22, 2016. EPA received no comments, 
adverse or otherwise.

II. Final Action

    EPA is taking final action to approve North Carolina's 
infrastructure

[[Page 16925]]

submission submitted on December 4, 2015, for the 2012 Annual 
PM2.5 NAAQS for the infrastructure SIP requirements, with 
the exception of the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) and preconstruction 
PSD permitting requirements for major sources of section 110(a)(2)(C) 
and (J). EPA is taking final action to approve all other elements of 
North Carolina's infrastructure SIP submission for the 2012 Annual 
PM2.5 NAAQS because the submission is consistent with 
section 110 of the CAA. EPA notes that the Agency is not approving any 
specific rule, but rather approving that North Carolina's already 
approved SIP meets certain CAA requirements.

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).
    In addition, 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 June 6, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: March 15, 2017.
V. Anne Heard,
Acting 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 a new entry ``110(a)(1) and 
(2) Infrastructure Requirements for the 2012 Annual PM2.5 
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
             Provision                 effective     EPA  approval     Federal Register         Explanation
                                         date            date               notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure         12/4/2015        4/7/2017  [Insert citation of    With the exception of
 Requirements for the 2012 Annual                                    publication].          section
 PM2.5 NAAQS.                                                                               110(a)(2)(D)(i)(I)
                                                                                            and (II) (prongs 1
                                                                                            through 4) and the
                                                                                            PSD requirements of
                                                                                            section 110(a)(2)(C)
                                                                                            and (J).
----------------------------------------------------------------------------------------------------------------


[[Page 16926]]

[FR Doc. 2017-06879 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P
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