Air Plan Approval; North Carolina; Motor Vehicle Emissions Control Program; Correcting Amendment, 17144-17146 [2017-07035]
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17144
Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
(2) Sources subject to the jurisdiction
of local air authorities (except Benton
Clean Air Agency and Southwest Clean
Air Agency);
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[FR Doc. 2017–07022 Filed 4–7–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0772; FRL–9960–94–
Region 4]
Air Plan Approval; North Carolina;
Motor Vehicle Emissions Control
Program; Correcting Amendment
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
This direct final action, taken
under the authority of the Clean Air Act
(CAA or Act), corrects an error in
previously promulgated rules approving
certain elements of the North Carolina
state implementation plan (SIP). The
error relates to the North Carolina SIP’s
Motor Vehicle Emissions Control
Standard rules and the correction
removes a provision of the State’s
otherwise federally-enforceable
regulations that could result in
infringement upon the sovereign
immunity of Federal facilities. The
intended effect is to ensure that the
North Carolina SIP is correctly
identified in the applicable part of the
Code of Federal Regulations and to
eliminate the possibility of such
infringement.
SUMMARY:
This direct final rule is effective
June 9, 2017 without further notice,
unless EPA receives adverse comment
by May 10, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2013–0772 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
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DATES:
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considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, 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. Mrs.
Sheckler can be reached via phone at
(404) 562–9992 or electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(4) of the CAA requires
areas that are designated as moderate,
serious, or severe ozone nonattainment
to establish a motor vehicle inspection
and maintenance (I/M) program to
ensure that specified gasoline-fueled
motor vehicles do not exceed prescribed
emissions thresholds by requiring that
vehicles undergo periodic emissions
testing, including mandatory repairs for
vehicles found to exceed these
thresholds. This emissions testing
ensures that vehicles are well
maintained and operating as designed.
The North Carolina I/M program
began in 1982 in Mecklenburg County
utilizing a ‘‘tail-pipe’’ emissions test.
From 1986 through 1991 the program
expanded to include eight additional
counties (Wake, Forsyth, Guilford,
Durham, Gaston, Cabarrus, Orange and
Union County). In 1999, the North
Carolina General Assembly passed
legislation to expand the coverage area
for the I/M program in order to gain
additional emission reductions to
achieve the 1997 8-hour ozone national
ambient air quality standards in the
State. This legislation expanded the I/M
program from nine counties to 48
counties by adding several counties
approximately every six months from
July 1, 2003, to July 1, 2006. The I/M
program in the expanded coverage area
used on-board diagnostic (OBD) rather
than tail-pipe testing. On August 7,
2002, North Carolina submitted a SIP
revision to amend the I/M regulations
included in the SIP at that time to,
among other things, expand the counties
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Sfmt 4700
subject to the I/M program as discussed
above, require OBD in the subject
counties for all model year (MY) 1996
and newer light duty gasoline vehicles,
and terminate the tail-pipe testing
program on January 1, 2006, for the nine
counties subject to continued tail-pipe
testing of MY 1995 and older vehicles.
EPA approved these changes to North
Carolina’s I/M program into the SIP on
October 30, 2002. See 67 FR 66056.
North Carolina submitted additional SIP
revisions related to the State’s I/M
program on January 31, 2008, May 24,
2010, October 11, 2013, and February
11, 2014. EPA approved North
Carolina’s January 31, 2008, May 24,
2010, October 11, 2013, and February
11, 2014, SIP revisions pertaining to
state rule changes to the State’s I/M
program on February 5, 2015. See 80 FR
6455.
II. Error Correction
The CAA sets forth requirements for
Federal facilities which are located in I/
M program areas. These requirements in
section 118(c) and (d) apply to both
Federal fleet and Federal employee
vehicles. Congress intended in that
section that Federal facilities located in
I/M program areas demonstrate
compliance with certain local and State
I/M requirements. When EPA published
the I/M rule in 1992, see 57 FR 52950,
the Agency interpreted CAA section
118(c) and (d) as a partial waiver of the
Federal government’s sovereign
immunity, thereby allowing States to
regulate Federal facilities in their I/M
programs.1 Accordingly, EPA
established certain SIP requirements for
Federal facilities in the I/M rule. Since
that time, the Department of Justice
(DOJ) has found that sections 118(c) and
(d) do not waive sovereign immunity for
the Federal government and thus states
are without authority to enforce the
section 118(c) and (d) requirements for
Federal facilities.2 Further, DOJ found
that the express waiver of sovereign
immunity in section 118(a) extends only
to nondiscriminatory requirements (i.e.,
each agency and employee of the
Federal government ‘‘shall be subject to,
and comply with, all Federal, State,
interstate, and local requirements,
administrative authority, and process
and sanctions respecting the control and
abatement of air pollution in the same
1 See letter from Gay MacGregor, Director,
Regional and State Programs Division, EPA Office
of Air and Radiation, to Mary Jo Leugers, Virginia
Office of the Attorney General (August 28, 1998)
(MacGregor Letter).
2 See letter from Lois J. Schiffer, Assistant
Attorney General, Department of Justice
Environment and Natural Resources Division, to
Scott Fulton, Acting General Counsel, EPA (July 29,
1998) (Schiffer Letter).
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Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
manner, and to the same extent as any
nongovernmental entity.’’). As
explained below, section 118(a)’s
immunity waiver does not extend to
State I/M requirements that, like the
North Carolina provision at issue here,
are imposed upon Federal entities in a
different manner or to a different extent
than nongovernmental entities.
North Carolina’s regulation 15A
NCAC 02D.1002(a)(3) identifies vehicles
that are operated on a Federal
installation and that meet the
requirements of 40 CFR 51.356(a)(4) as
subject to the State motor vehicle
emission standard. This North Carolina
regulation thus subjects certain vehicles
operated on Federal installations to
State I/M requirements that do not
apply in the same manner and to the
same extent to nongovernmental
entities, and it is inconsistent with the
waiver of immunity in section 118(a).
As noted in the MacGregor Letter
addressing the issue, removing Federal
facility I/M requirements from SIPs will
in no way impact the emissions
reductions credits the States earn for
their I/M programs; pursuant to section
118(a), Federal agencies are required to
comply with air pollution control
programs to the same extent as
nongovernmental entities and thus will
continue to be subject to programs of
general applicability. EPA is therefore
removing from the federally-approved
North Carolina SIP regulation 15A
NCAC 02D.1002(a)(3) because that
regulation does not apply to vehicles
operated on Federal installations in the
same manner and to the same extent as
vehicles owned or operated by
nongovernmental entities.
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III. Final Action
Pursuant to CAA section 110(k)(6),
EPA rescinds its previous approval of
NCAC 02D.1002(a)(3), a provision that
sets forth additional requirements under
the vehicle I/M program for motor
vehicles operated on Federal
installations that do not apply to
nongovernmental entities and thus is
inconsistent with CAA section 118(a).
This action will not result in increases
in emissions that would interfere with
attainment or maintenance of any
NAAQS or with any other applicable
requirement of the CAA.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
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subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely corrects
North Carolina’s EPA-approved SIP by
removing the State’s regulation 15A
NCAC 02D.1002 (a)(3), which listed
Federal facilities as applicable to the
state motor vehicle emission standard
and 40 CFR 51.356(a)(4), by removing it
from the federally-approved portion of
the North Carolina SIP to be consistent
with CAA 118. It imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Furthermore,
this action 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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
rule also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule merely
removes North Carolina regulation 15A
NCAC 02D.1002 (a)(3) from the federally
approved portion of the North Carolina
SIP to be consistent with CAA 118; it
also does not alter the relationship or
the distribution of power and
responsibilities established in the Clean
Air Act. This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant. In addition,
this rule does not involve technical
standards, thus the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule also does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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17145
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 rule 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 9, 2017. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this rule 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 CAA
section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by Reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, 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(c) is amended by
revising the entry for ‘‘Sect .1002’’ to
read as follows:
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§ 52.1770
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Identification of plan.
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17146
Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
State effective
date
Title/subject
Subchapter 2D
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0005; FRL–9959–90]
Acetamiprid; Pesticide Tolerances for
Emergency Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
time-limited tolerances for residues of
acetamiprid in or on sugarcane, cane
and sugarcane, molasses. This action is
associated with the issuance of a crisis
exemption under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the
pesticide on sugarcane. This regulation
establishes maximum permissible levels
for residues of acetamiprid in or on
sugarcane, cane and sugarcane,
molasses. The time-limited tolerances
expire on December 31, 2019.
DATES: This regulation is effective April
10, 2017. Objections and requests for
hearings must be received on or before
June 9, 2017, 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–2017–0005, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
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SUMMARY:
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4/10/2017 [Insert Federal Register citation].
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I. General Information
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).
Frm 00050
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Paragraph (a)(3) of Section
.1002 is hereby rescinded as
this paragraph is inconsistent
with the limits on the waiver of
sovereign immunity established in section 118(a) of the
CAA.
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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.
SUPPLEMENTARY INFORMATION:
PO 00000
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Motor Vehicle Emissions Control Standards
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Applicability ................................
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Explanation
Air Pollution Control Requirements
*
Section .1000
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Sect .1002 .................
EPA approval date
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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–2017–0005 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 June 9, 2017. 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–
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Agencies
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Rules and Regulations]
[Pages 17144-17146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07035]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0772; FRL-9960-94-Region 4]
Air Plan Approval; North Carolina; Motor Vehicle Emissions
Control Program; Correcting Amendment
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: This direct final action, taken under the authority of the
Clean Air Act (CAA or Act), corrects an error in previously promulgated
rules approving certain elements of the North Carolina state
implementation plan (SIP). The error relates to the North Carolina
SIP's Motor Vehicle Emissions Control Standard rules and the correction
removes a provision of the State's otherwise federally-enforceable
regulations that could result in infringement upon the sovereign
immunity of Federal facilities. The intended effect is to ensure that
the North Carolina SIP is correctly identified in the applicable part
of the Code of Federal Regulations and to eliminate the possibility of
such infringement.
DATES: This direct final rule is effective June 9, 2017 without further
notice, unless EPA receives adverse comment by May 10, 2017. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0772 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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. Mrs. Sheckler can be reached via phone at (404) 562-9992 or
electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(4) of the CAA requires areas that are designated as
moderate, serious, or severe ozone nonattainment to establish a motor
vehicle inspection and maintenance (I/M) program to ensure that
specified gasoline-fueled motor vehicles do not exceed prescribed
emissions thresholds by requiring that vehicles undergo periodic
emissions testing, including mandatory repairs for vehicles found to
exceed these thresholds. This emissions testing ensures that vehicles
are well maintained and operating as designed.
The North Carolina I/M program began in 1982 in Mecklenburg County
utilizing a ``tail-pipe'' emissions test. From 1986 through 1991 the
program expanded to include eight additional counties (Wake, Forsyth,
Guilford, Durham, Gaston, Cabarrus, Orange and Union County). In 1999,
the North Carolina General Assembly passed legislation to expand the
coverage area for the I/M program in order to gain additional emission
reductions to achieve the 1997 8-hour ozone national ambient air
quality standards in the State. This legislation expanded the I/M
program from nine counties to 48 counties by adding several counties
approximately every six months from July 1, 2003, to July 1, 2006. The
I/M program in the expanded coverage area used on-board diagnostic
(OBD) rather than tail-pipe testing. On August 7, 2002, North Carolina
submitted a SIP revision to amend the I/M regulations included in the
SIP at that time to, among other things, expand the counties subject to
the I/M program as discussed above, require OBD in the subject counties
for all model year (MY) 1996 and newer light duty gasoline vehicles,
and terminate the tail-pipe testing program on January 1, 2006, for the
nine counties subject to continued tail-pipe testing of MY 1995 and
older vehicles.
EPA approved these changes to North Carolina's I/M program into the
SIP on October 30, 2002. See 67 FR 66056. North Carolina submitted
additional SIP revisions related to the State's I/M program on January
31, 2008, May 24, 2010, October 11, 2013, and February 11, 2014. EPA
approved North Carolina's January 31, 2008, May 24, 2010, October 11,
2013, and February 11, 2014, SIP revisions pertaining to state rule
changes to the State's I/M program on February 5, 2015. See 80 FR 6455.
II. Error Correction
The CAA sets forth requirements for Federal facilities which are
located in I/M program areas. These requirements in section 118(c) and
(d) apply to both Federal fleet and Federal employee vehicles. Congress
intended in that section that Federal facilities located in I/M program
areas demonstrate compliance with certain local and State I/M
requirements. When EPA published the I/M rule in 1992, see 57 FR 52950,
the Agency interpreted CAA section 118(c) and (d) as a partial waiver
of the Federal government's sovereign immunity, thereby allowing States
to regulate Federal facilities in their I/M programs.\1\ Accordingly,
EPA established certain SIP requirements for Federal facilities in the
I/M rule. Since that time, the Department of Justice (DOJ) has found
that sections 118(c) and (d) do not waive sovereign immunity for the
Federal government and thus states are without authority to enforce the
section 118(c) and (d) requirements for Federal facilities.\2\ Further,
DOJ found that the express waiver of sovereign immunity in section
118(a) extends only to nondiscriminatory requirements (i.e., each
agency and employee of the Federal government ``shall be subject to,
and comply with, all Federal, State, interstate, and local
requirements, administrative authority, and process and sanctions
respecting the control and abatement of air pollution in the same
[[Page 17145]]
manner, and to the same extent as any nongovernmental entity.''). As
explained below, section 118(a)'s immunity waiver does not extend to
State I/M requirements that, like the North Carolina provision at issue
here, are imposed upon Federal entities in a different manner or to a
different extent than nongovernmental entities.
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\1\ See letter from Gay MacGregor, Director, Regional and State
Programs Division, EPA Office of Air and Radiation, to Mary Jo
Leugers, Virginia Office of the Attorney General (August 28, 1998)
(MacGregor Letter).
\2\ See letter from Lois J. Schiffer, Assistant Attorney
General, Department of Justice Environment and Natural Resources
Division, to Scott Fulton, Acting General Counsel, EPA (July 29,
1998) (Schiffer Letter).
---------------------------------------------------------------------------
North Carolina's regulation 15A NCAC 02D.1002(a)(3) identifies
vehicles that are operated on a Federal installation and that meet the
requirements of 40 CFR 51.356(a)(4) as subject to the State motor
vehicle emission standard. This North Carolina regulation thus subjects
certain vehicles operated on Federal installations to State I/M
requirements that do not apply in the same manner and to the same
extent to nongovernmental entities, and it is inconsistent with the
waiver of immunity in section 118(a). As noted in the MacGregor Letter
addressing the issue, removing Federal facility I/M requirements from
SIPs will in no way impact the emissions reductions credits the States
earn for their I/M programs; pursuant to section 118(a), Federal
agencies are required to comply with air pollution control programs to
the same extent as nongovernmental entities and thus will continue to
be subject to programs of general applicability. EPA is therefore
removing from the federally-approved North Carolina SIP regulation 15A
NCAC 02D.1002(a)(3) because that regulation does not apply to vehicles
operated on Federal installations in the same manner and to the same
extent as vehicles owned or operated by nongovernmental entities.
III. Final Action
Pursuant to CAA section 110(k)(6), EPA rescinds its previous
approval of NCAC 02D.1002(a)(3), a provision that sets forth additional
requirements under the vehicle I/M program for motor vehicles operated
on Federal installations that do not apply to nongovernmental entities
and thus is inconsistent with CAA section 118(a). This action will not
result in increases in emissions that would interfere with attainment
or maintenance of any NAAQS or with any other applicable requirement of
the CAA.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely corrects North Carolina's EPA-approved SIP by removing the
State's regulation 15A NCAC 02D.1002 (a)(3), which listed Federal
facilities as applicable to the state motor vehicle emission standard
and 40 CFR 51.356(a)(4), by removing it from the federally-approved
portion of the North Carolina SIP to be consistent with CAA 118. It
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Furthermore, this action 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This rule also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This rule merely removes North Carolina
regulation 15A NCAC 02D.1002 (a)(3) from the federally approved portion
of the North Carolina SIP to be consistent with CAA 118; it also does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant. In addition, this
rule does not involve technical standards, thus the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. This rule also does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 9, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by Reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, 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(c) is amended by revising the entry for ``Sect
.1002'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
[[Page 17146]]
Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .1000 Motor Vehicle Emissions Control Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sect .1002..................... Applicability....... 1/1/2014 4/10/2017 [Insert Paragraph (a)(3) of
Federal Register Section .1002 is
citation]. hereby rescinded
as this paragraph
is inconsistent
with the limits on
the waiver of
sovereign immunity
established in
section 118(a) of
the CAA.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-07035 Filed 4-7-17; 8:45 am]
BILLING CODE 6560-50-P