Air Plan Approval; North Carolina Miscellaneous Revisions, 65091-65093 [2018-27358]
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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations
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FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–27356 Filed 12–18–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0419; FRL–9988–11–
Region 4]
Air Plan Approval; North Carolina
Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of State
Implementation Plan (SIP) revisions
provided by the State of North Carolina
through the North Carolina Division of
Air Quality (NCDAQ) in letters dated
June 5, 2017, and August 22, 2017. The
submissions revise several regulations
concerning nitrogen oxides (NOX),
emission control standards, monitoring,
and reporting requirements. EPA is
taking final action to approve these
provisions of the SIP revisions because
these changes are consistent with the
Clean Air Act (CAA or Act) and federal
regulations.
DATES: This rule will be effective
January 18, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0419. All documents in the docket
are listed on the www.regulations.gov
website. 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.
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SUMMARY:
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Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. The telephone
number is (404) 562–8726. Mr. Wong
can also be reached via electronic mail
at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
NCDAQ submitted SIP revisions
through letters dated June 5, 2017, and
August 22, 2017 to EPA for review and
approval into the North Carolina SIP.1
North Carolina’s SIP revisions include
multiple changes to its air quality rules,
under Subchapter 15A North Carolina
Administrative Code (NCAC) 02D,
specifically at Section .1404,
‘‘Recordkeeping: Reporting:
Monitoring,’’ Section .0542, ‘‘Control of
Particulate Emissions from Cotton
Ginning Operations,’’ Section .0606,
‘‘Sources Covered by Appendix P of 40
CFR part 51,’’ and Section .0608, ‘‘Other
Large Coal or Residual Oil Burners.’’ 2
EPA is not taking action on Section
.0535, ‘‘Excess Emissions Reporting and
Malfunctions’’ which is included in the
changes in the August 22, 2017 SIP
revision. EPA will address changes to
Section .0535 in a separate action.
In a notice of proposed rulemaking
(NPRM) published on November 14,
2018 (83 FR 56773), EPA proposed to
approve the SIP submissions
transmitted under cover letters dated
June 5, 2017, and August 22, 2017. The
specific details of the SIP submissions
and the rationale for EPA’s actions are
discussed in the NPRM. Comments on
the proposed rulemaking were due on or
before December 5, 2018. EPA received
five comments in total—one comment
that is not relevant to the action, two
comments that support the revision and
two adverse comments. The comments
can be found in the docket for this
action. After considering the adverse
comments, EPA is now taking final
action to approve the above-referenced
revision.
II. Response to Comments
Comments: As mentioned above, EPA
received two adverse public comments
on the proposed rule published on
November 14, 2018. The comments are
1 The SIP revisions were received by EPA on June
6, 2017, and September 6, 2017, respectively.
2 In the table of North Carolina regulations
federally approved into the SIP at 40 CFR
52.1770(c), 15A NCAC 02D is referred to as
‘‘Subchapter 2D Air Pollution Control
Requirements.’’
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65091
available for public viewing as a part of
the electronic docket for this
rulemaking. The first Commenter notes
that if the revisions are in line with the
CAA and federal regulations, they
should be approved; however, ‘‘if they
are considered worse, such as they are
raising the emission rates for certain
vendors, this should be addressed and
maybe suggest a stricter standard if it is
feasible.’’ The second Commenter
asserts that ‘‘[i]n the past year, the Clean
Air Act has been revised to be less harsh
for energy plants. With a more relaxed
Clean Air Act, the United States air
quality and overall environmental
health can take a toll. In the past 50
years ago, toxic pollutants like sulfur
dioxide and smog have been reduced.
With this proposed rule, this could
completely reverse the progress the act
has made thus far. These proposed
changes should consider the long-term
effects on the environment.’’
Response: It is unclear how either of
the comments relate to the proposed
rule or how the commenters would like
EPA to change the proposed rule. The
rule changes being approved do not
involve any changes (including
increases) to emission rates, nor do they
implicate any long-term effects on the
environment. Rather, as discussed in the
notice of proposed rulemaking, the
changes to the NOX recordkeeping,
reporting, and monitoring rule involve
minor typographical and clarifying
changes that do not relax the rule, and
the addition of sources subject to
continuous emissions monitoring for
NOX strengthens the SIP. Changes to the
other rules are either minor or clarifying
and do not alter the meaning of the rules
or they are consistent with the
requirements of the CAA and federal
regulations.
III. 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 taking final action to
incorporate by reference North Carolina
regulations under Subchapter 2D Air
Pollution Control Requirements, Section
.1404, ‘‘Recordkeeping: Reporting:
Monitoring,’’ effective January 1, 2009,3
which clarifies the rule by updating
quality assurance, recordkeeping and
reporting requirements and provisions
for heat input calculations and removes
references to repealed rules. EPA is also
taking final action to incorporate by
3 January 1, 2009 is the most recent state effective
date of Subchapter 2D, Section .1404,
‘‘Recordkeeping: Reporting: Monitoring,’’ and it
reflects the exact version of the text of Section .1404
that EPA is proposing to approve into the SIP.
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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations
reference regulations under Subchapter
2D, Section .0542, ‘‘Control of
Particulate Emissions from Cotton
Ginning Operations,’’ Section .0606,
‘‘Sources Covered by Appendix P of 40
CFR part 51,’’ and Section .0608, ‘‘Other
Large Coal or Residual Oil Burners,’’
effective June 1, 2008, which make
minor and clarifying changes, update
rule references, and remove obsolete
controls and dates. EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State’s 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 in the next
update to the SIP compilation.4
IV. Final Action
EPA is taking final action to approve
the portions of the SIP revisions
referenced above and provided by the
NCDAQ in letters dated June 5, 2017,
and August 22, 2017. EPA is taking final
action to approve the changes because
the submissions are consistent with
section 110 of the CAA.
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
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. These actions merely propose
to approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
these final actions:
• Are 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);
• Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because SIP approvals
are exempted under Executive Order
12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are 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
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 6, 2018.
Mary S. Walker,
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)(1) is amended
under Subchapter 2D Air Pollution
Control Requirements, by revising the
entries for ‘‘Section .0542’’; ‘‘Section
.0606’’, ‘‘Section .0608’’; and ‘‘Section
.1404’’ to read as follows:
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§ 52.1770
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Identification of plan.
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(1) EPA-APPROVED NORTH CAROLINA REGULATIONS
State citation
State
effective
date
Title/subject
EPA approval date
Explanation
Subchapter 2D Air Pollution Control Requirements
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Section .0500 Emission Control Standards
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Section .0542 .........
4 See
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Control of Particulate Emissions
from Cotton Ginning Operations.
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6/1/2008
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12/19/2018, [Insert citation of publication].
62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations
(1) EPA-APPROVED NORTH CAROLINA REGULATIONS—Continued
State citation
State
effective
date
Title/subject
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EPA approval date
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Explanation
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Section .0600 Monitoring: Recordkeeping: Reporting
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Section .0606 .........
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Sources Covered By Appendix P
of 40 CFR Part 51.
6/1/2008
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Section .0608 .........
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Other Large Coal or Residual Oil
Burners.
6/1/2008
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12/19/2018, [Insert citation of publication].
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12/19/2018, [Insert citation of publication].
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Section .1400 Nitrogen Oxides
Section .1404 .........
Recordkeeping: Reporting: Monitoring.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0177; FRL–9987–97–
Region 9]
Approval and Promulgation of Air
Quality State Implementation Plans;
California; Interstate Transport
Requirements for Ozone, Fine
Particulate Matter, and Sulfur Dioxide
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a State Implementation Plan (SIP)
submission from the State of California
regarding certain interstate transport
requirements of the Clean Air Act (CAA
or ‘‘Act’’). This submission addresses
the 2008 ozone national ambient air
quality standards (NAAQS), the 2006
fine particulate matter (PM2.5) and 2012
PM2.5 NAAQS, and the 2010 sulfur
dioxide (SO2) NAAQS. The interstate
transport requirements under the CAA
consist of several elements; this final
rule pertains only to significant
contribution to nonattainment and
interference with maintenance of the
NAAQS in other states.
DATES: This final rule is effective on
January 18, 2019.
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SUMMARY:
16:29 Dec 18, 2018
12/19/2018, [Insert citation of publication].
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The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0177. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Rory
Mays, Air Planning Office (AIR–2), EPA
Region IX, (415) 972–3227, mays.rory@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we’’, ‘‘us’’
and ‘‘our’’ refer to the EPA.
ADDRESSES:
[FR Doc. 2018–27358 Filed 12–18–18; 8:45 am]
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Table of Contents
I. Proposed Action
A. Evaluation for the 2008 Ozone NAAQS
B. Evaluation for the 2006 PM2.5 and 2012
PM2.5 NAAQS
C. Evaluation for the 2010 SO2 NAAQS
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
The California Air Resources Board
(CARB) submitted the ‘‘California
Infrastructure State Implementation
Plan (SIP) Revision, Clean Air Act
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Section 110(a)(2)(D)’’ on January 19,
2016 (‘‘California Transport Plan’’ or
‘‘Plan’’).1 This Plan addresses interstate
transport for the 2008 ozone, 2006
PM2.5, 2012 PM2.5, and 2010 SO2
NAAQS.2 On February 7, 2018, the EPA
proposed to approve the California
Transport Plan into the California SIP
because we determined that it complies
with the relevant CAA requirements.3
Our proposed action contains more
information on the California Transport
Plan and our evaluation. We summarize
the key points of our proposed
rulemaking and evaluation in this final
rule.
Sections 110(a)(2)(D)(i)(I)–(II) of the
CAA require SIPs to include provisions
prohibiting any source or other type of
emissions activity in one state from
emitting any air pollutant in amounts
that will contribute significantly to
nonattainment, or interfere with
maintenance, of the NAAQS, or
interfere with measures required to
prevent significant deterioration of air
quality or to protect visibility in any
other state. This final rule addresses the
1 Letter dated January 19, 2016, from Richard W.
Corey, Executive Officer, CARB to Jared
Blumenfeld, Regional Administrator, Region 9,
EPA.
2 The 2008 ozone NAAQS include primary and
secondary 8-hour ozone NAAQS of 0.075 parts per
million (ppm), 73 FR 16436 (March 27, 2008). The
2006 PM2.5 NAAQS include primary and secondary
24-hour NAAQS for PM2.5 of 35 micrograms per
cubic meter (mg/m3), 71 FR 61144 (October 17,
2006). The 2012 PM2.5 NAAQS include a primary
annual PM2.5 NAAQS of 12.0 mg/m3, 78 FR 3086
(January 15, 2013). The 2010 SO2 NAAQS include
a primary 1-hour SO2 NAAQS of 75 parts per
billion (ppb), 75 FR 35520 (June 22, 2010).
3 83 FR 5375.
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[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Rules and Regulations]
[Pages 65091-65093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27358]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0419; FRL-9988-11-Region 4]
Air Plan Approval; North Carolina Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of State Implementation Plan (SIP) revisions
provided by the State of North Carolina through the North Carolina
Division of Air Quality (NCDAQ) in letters dated June 5, 2017, and
August 22, 2017. The submissions revise several regulations concerning
nitrogen oxides (NOX), emission control standards,
monitoring, and reporting requirements. EPA is taking final action to
approve these provisions of the SIP revisions because these changes are
consistent with the Clean Air Act (CAA or Act) and federal regulations.
DATES: This rule will be effective January 18, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0419. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
The telephone number is (404) 562-8726. Mr. Wong can also be reached
via electronic mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
NCDAQ submitted SIP revisions through letters dated June 5, 2017,
and August 22, 2017 to EPA for review and approval into the North
Carolina SIP.\1\ North Carolina's SIP revisions include multiple
changes to its air quality rules, under Subchapter 15A North Carolina
Administrative Code (NCAC) 02D, specifically at Section .1404,
``Recordkeeping: Reporting: Monitoring,'' Section .0542, ``Control of
Particulate Emissions from Cotton Ginning Operations,'' Section .0606,
``Sources Covered by Appendix P of 40 CFR part 51,'' and Section .0608,
``Other Large Coal or Residual Oil Burners.'' \2\ EPA is not taking
action on Section .0535, ``Excess Emissions Reporting and
Malfunctions'' which is included in the changes in the August 22, 2017
SIP revision. EPA will address changes to Section .0535 in a separate
action.
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\1\ The SIP revisions were received by EPA on June 6, 2017, and
September 6, 2017, respectively.
\2\ In the table of North Carolina regulations federally
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred
to as ``Subchapter 2D Air Pollution Control Requirements.''
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In a notice of proposed rulemaking (NPRM) published on November 14,
2018 (83 FR 56773), EPA proposed to approve the SIP submissions
transmitted under cover letters dated June 5, 2017, and August 22,
2017. The specific details of the SIP submissions and the rationale for
EPA's actions are discussed in the NPRM. Comments on the proposed
rulemaking were due on or before December 5, 2018. EPA received five
comments in total--one comment that is not relevant to the action, two
comments that support the revision and two adverse comments. The
comments can be found in the docket for this action. After considering
the adverse comments, EPA is now taking final action to approve the
above-referenced revision.
II. Response to Comments
Comments: As mentioned above, EPA received two adverse public
comments on the proposed rule published on November 14, 2018. The
comments are available for public viewing as a part of the electronic
docket for this rulemaking. The first Commenter notes that if the
revisions are in line with the CAA and federal regulations, they should
be approved; however, ``if they are considered worse, such as they are
raising the emission rates for certain vendors, this should be
addressed and maybe suggest a stricter standard if it is feasible.''
The second Commenter asserts that ``[i]n the past year, the Clean Air
Act has been revised to be less harsh for energy plants. With a more
relaxed Clean Air Act, the United States air quality and overall
environmental health can take a toll. In the past 50 years ago, toxic
pollutants like sulfur dioxide and smog have been reduced. With this
proposed rule, this could completely reverse the progress the act has
made thus far. These proposed changes should consider the long-term
effects on the environment.''
Response: It is unclear how either of the comments relate to the
proposed rule or how the commenters would like EPA to change the
proposed rule. The rule changes being approved do not involve any
changes (including increases) to emission rates, nor do they implicate
any long-term effects on the environment. Rather, as discussed in the
notice of proposed rulemaking, the changes to the NOX
recordkeeping, reporting, and monitoring rule involve minor
typographical and clarifying changes that do not relax the rule, and
the addition of sources subject to continuous emissions monitoring for
NOX strengthens the SIP. Changes to the other rules are
either minor or clarifying and do not alter the meaning of the rules or
they are consistent with the requirements of the CAA and federal
regulations.
III. 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 taking final action to incorporate by reference North
Carolina regulations under Subchapter 2D Air Pollution Control
Requirements, Section .1404, ``Recordkeeping: Reporting: Monitoring,''
effective January 1, 2009,\3\ which clarifies the rule by updating
quality assurance, recordkeeping and reporting requirements and
provisions for heat input calculations and removes references to
repealed rules. EPA is also taking final action to incorporate by
[[Page 65092]]
reference regulations under Subchapter 2D, Section .0542, ``Control of
Particulate Emissions from Cotton Ginning Operations,'' Section .0606,
``Sources Covered by Appendix P of 40 CFR part 51,'' and Section .0608,
``Other Large Coal or Residual Oil Burners,'' effective June 1, 2008,
which make minor and clarifying changes, update rule references, and
remove obsolete controls and dates. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State's 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 in
the next update to the SIP compilation.\4\
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\3\ January 1, 2009 is the most recent state effective date of
Subchapter 2D, Section .1404, ``Recordkeeping: Reporting:
Monitoring,'' and it reflects the exact version of the text of
Section .1404 that EPA is proposing to approve into the SIP.
\4\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is taking final action to approve the portions of the SIP
revisions referenced above and provided by the NCDAQ in letters dated
June 5, 2017, and August 22, 2017. EPA is taking final action to
approve the changes because the submissions are consistent with section
110 of the CAA.
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 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. These actions merely
propose to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, these final actions:
Are 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: December 6, 2018.
Mary S. Walker,
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)(1) is amended under Subchapter 2D Air Pollution
Control Requirements, by revising the entries for ``Section .0542'';
``Section .0606'', ``Section .0608''; and ``Section .1404'' to read as
follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA-Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section .0542................. Control of 6/1/2008 12/19/2018, [Insert .....................
Particulate citation of
Emissions from publication].
Cotton Ginning
Operations.
[[Page 65093]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0600 Monitoring: Recordkeeping: Reporting
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section .0606................. Sources Covered By 6/1/2008 12/19/2018, [Insert .....................
Appendix P of 40 CFR citation of
Part 51. publication].
* * * * * * *
Section .0608................. Other Large Coal or 6/1/2008 12/19/2018, [Insert .....................
Residual Oil Burners. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .1400 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section .1404................. Recordkeeping: 1/1/2009 12/19/2018, [Insert .....................
Reporting: citation of
Monitoring. publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-27358 Filed 12-18-18; 8:45 am]
BILLING CODE 6560-50-P
