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