Air Plan Approval; North Carolina; Ozone NAAQS Update, 3991-3993 [2019-02211]
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<![CDATA[
3991
Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
40 CFR part 52 is amended as follows:
§ 52.1870
2. In § 52.1870, the table in paragraph
(e) is amended by adding an entry for
‘‘SO2 (2010)’’ after the entry for ‘‘PM2.5
(2012)’’ under the heading ‘‘Summary of
Criteria Pollutant Attainment Plans’’ to
read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
*
Identification of plan.
*
*
(e) * * *
*
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EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Applicable
geographical or
non-attainment
area
*
*
State date
EPA approval
*
Comments
*
*
*
*
Summary of Criteria Pollutant Attainment Plans
*
SO2 (2010) ..........
*
Lake County ........
*
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*
2/16/2017
*
[FR Doc. 2019–02210 Filed 2–13–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0531; FRL–9989–38–
Region 4]
Air Plan Approval; North Carolina;
Ozone NAAQS Update
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of North Carolina
through the North Carolina Division of
Air Quality (NCDAQ) with a letter dated
March 21, 2018. The SIP submittal
includes changes to the State’s air
quality rules for ozone to be consistent
with the National Ambient Air Quality
Standards (NAAQS). EPA is approving
these provisions of the SIP revision
because the State has demonstrated that
these changes are consistent with the
Clean Air Act (CAA or Act) and federal
regulations.
DATES: This rule is effective March 18,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0531. All documents in the docket
are listed on the www.regulations.gov
SUMMARY:
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16:51 Feb 13, 2019
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2/14/2019, [insert Federal
Register citation].
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EPA is approving the following plan elements: The emission inventory; the demonstration of attainment; and revised emission limits as meeting RACM requirements.
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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:
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. The telephone
number is (404) 562–9088. Ms. Bell can
also be reached via electronic mail at
bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Sections 108 and 109 of the CAA
govern the establishment, review, and
revision, as appropriate, of the NAAQS
to protect public health and welfare.
The CAA requires periodic review of the
air quality criteria—the science upon
which the standards are based—and the
standards themselves. EPA’s regulatory
provisions that govern the NAAQS are
found at 40 CFR 50—National Primary
and Secondary Ambient Air Quality
Standards. In this rulemaking, EPA is
approving revisions to the North
Carolina air quality rules addressing
Rule 15A NCAC 02D .0405, Ozone, in
the North Carolina SIP.1 EPA notes that
the cover letter was dated March 21,
2018.2 Under Subchapter 2D, Section
.0405 is amended by updating air
quality standards to reflect the most
recent ozone NAAQS as well as making
textual modifications in the following
manner: Removing 0.075 parts per
million (ppm) and replacing it with
0.070 ppm; deleting ‘‘8-hour’’ and
replacing it with ‘‘eight-hour’’; deleting
the word ‘‘is’’ and replacing it with
‘‘shall be’’ and later ‘‘shall be deemed’’;
and deleting Appendix P, which
referenced the 2008 Ozone Standard,
and replacing it with Appendix U,
which references the 2015 Ozone
Standard. The SIP submission amending
1 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.’’
2 The submittal was received on April 4, 2018.
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Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Rules and Regulations
the North Carolina regulations to
incorporate the most recent ozone
NAAQS can be found in the docket for
this rulemaking at www.regulations.gov.
In a notice of proposed rulemaking
(NPRM) published on October 1, 2018,
(83 FR 49330), EPA proposed to approve
revisions to the North Carolina air
quality rules addressing Section .0405,
Ozone, in the North Carolina SIP.
Comments on the NPRM were due on or
before October 31, 2018. EPA received
no adverse comments on the proposed
action. EPA is now taking final action to
approve the above-referenced revision.
II. 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 North Carolina’s NCDAQ
Rule under Subchapter 2D, Section
.0405, Ozone, state effective January 1,
2018, which revises the ozone standard
to be consistent with the 2015 ozone
NAAQS. 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 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.3
III. Final Action
EPA is taking final action and
approving the State of North Carolina’s
March 21, 2018, SIP submission
identified in section I above, because
these changes are consistent with the
CAA and federal regulations.
IV. 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. This action merely approves
state law as meeting Federal
3 See
62 FR 27968 (May 22, 1997).
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16:51 Feb 13, 2019
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requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this final 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
PO 00000
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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 April 15, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: December 21, 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. In § 52.1770, in the table in
paragraph (c)(1), revise the entry for
‘‘Section .0405’’ under Subchapter 2D,
Section .0400, to read as follows:
■
§ 52.1770
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Identification of plan.
*
(c) * * *
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Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Rules and Regulations
(1) EPA-APPROVED NORTH CAROLINA REGULATIONS
State citation
State
effective
date
EPA approval date
Subchapter 2D
Air Pollution Control Requirements
Title/subject
*
*
*
*
Section .0400
*
Section .0405 ..........
*
Ozone .....................
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BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2015–0272 (HM–209A)]
RIN 2137–AF19
Hazardous Materials: Revisions to
Hazardous Materials Grants
Requirements (FAST Act)
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule.
AGENCY:
PHMSA is revising the
Hazardous Materials Regulations
pertaining to the Hazardous Materials
Grants Program and the Hazardous
Materials Emergency Preparedness
Grant. This final rule aligns with the
Office of Management and Budget’s
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards
(‘‘Uniform Guidance’’) and implements
new requirements set forth by the Fixing
America’s Surface Transportation
(FAST) Act of 2015.
DATES:
Effective date: This rule is effective as
of March 18, 2019.
Voluntary compliance date:
Voluntary compliance with all
amendments is authorized as of
February 14, 2019.
FOR FURTHER INFORMATION CONTACT:
Shakira Mack, Chief, Hazardous
Materials Grants and Registration, (202)
16:51 Feb 13, 2019
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2/14/2019, [Insert citation of publication
in Federal Register].
Jkt 247001
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366–1109, Shakira.Mack@dot.gov,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
49 CFR Parts 107 and 110
SUMMARY:
*
I. Background
II. Comment Discussion
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
C. Executive Order 13771
D. Executive Order 13132
E. Executive Order 13175
F. Regulatory Flexibility Act, Executive
Order 13272, and DOT Policies and
Procedures
G. Paperwork Reduction Act
H. Regulation Identifier Number (RIN)
I. Unfunded Mandates Reform Act
J. Environmental Assessment
K. Privacy Act
L. Executive Order 13609 and International
Trade Analysis
M. National Technology Transfer and
Advancement Act
N. Executive Order 13211
List of Subjects
I. Background
On October 11, 2016, PHMSA
published a notice of proposed
rulemaking (NPRM) [Docket No.
PHMSA–2015–0272 (HM–209A); 81 FR
70067] proposing changes to the
Hazardous Materials Grants Program in
49 CFR part 110. The NPRM proposed
to align with guidance offered in the
Office of Management and Budget’s
(OMB) Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
(2 CFR part 200) (‘‘Uniform Guidance’’),
as well as new requirements set forth by
the FAST Act of 2015 (Pub. L. 114–94;
December 4, 2015).
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Ambient Air Quality Standards
*
[FR Doc. 2019–02211 Filed 2–13–19; 8:45 am]
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Explanation
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OMB’s Uniform Guidance was
codified in 2 CFR part 200 in an interim
final rule [79 FR 75867] on December
19, 2014. It streamlines the Federal
Government’s guidance on grant
awards, with the goal of reducing
administrative burden on grant
recipients, as well as waste and misuse
of Federal funding. Publication of the
Uniform Guidance superseded the
previous OMB circular guidance and
requirements found in 49 CFR part 18.
All Federal grants issued on or after
December 26, 2014, were required to
comply with these requirements.
The FAST Act was enacted December
4, 2015, to provide long-term funding
for transportation infrastructure
planning and investment. The FAST Act
expanded funding appropriations for
the Hazardous Materials Emergency
Preparedness (HMEP) Grant. The FAST
Act also merged the HMEP planning
and training grant funding into a single
grant fund, meaning that grantees no
longer need to complete separate grant
applications for their planning and
training grant programs. Lastly, the
FAST Act added a new, competitive
Community Safety Grant.
Historically, the Hazardous Materials
Grants Program was comprised of three
grants: The HMEP Grant, the
Supplemental Public Sector Training
(SPST) Grant, and the Hazardous
Materials Instructor Training (HMIT)
Grant. These grants are funded by fees
collected from hazardous materials
(hazmat) shippers and carriers who offer
for transportation or transport certain
hazmat in intrastate, interstate, or
foreign commerce and who must
register with the U.S. Department of
Transportation in accordance with 49
CFR part 107, subpart G. In 2015, the
FAST Act established a new
Community Safety Grant Program
funded by Congressional
appropriations. PHMSA awarded two
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]]>Agencies
[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Rules and Regulations]
[Pages 3991-3993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02211]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0531; FRL-9989-38-Region 4]
Air Plan Approval; North Carolina; Ozone NAAQS Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of North
Carolina through the North Carolina Division of Air Quality (NCDAQ)
with a letter dated March 21, 2018. The SIP submittal includes changes
to the State's air quality rules for ozone to be consistent with the
National Ambient Air Quality Standards (NAAQS). EPA is approving these
provisions of the SIP revision because the State has demonstrated that
these changes are consistent with the Clean Air Act (CAA or Act) and
federal regulations.
DATES: This rule is effective March 18, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0531. 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: 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. The telephone number is (404) 562-9088. Ms. Bell can also
be reached via electronic mail at bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 108 and 109 of the CAA govern the establishment, review,
and revision, as appropriate, of the NAAQS to protect public health and
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards
themselves. EPA's regulatory provisions that govern the NAAQS are found
at 40 CFR 50--National Primary and Secondary Ambient Air Quality
Standards. In this rulemaking, EPA is approving revisions to the North
Carolina air quality rules addressing Rule 15A NCAC 02D .0405, Ozone,
in the North Carolina SIP.\1\ EPA notes that the cover letter was dated
March 21, 2018.\2\ Under Subchapter 2D, Section .0405 is amended by
updating air quality standards to reflect the most recent ozone NAAQS
as well as making textual modifications in the following manner:
Removing 0.075 parts per million (ppm) and replacing it with 0.070 ppm;
deleting ``8-hour'' and replacing it with ``eight-hour''; deleting the
word ``is'' and replacing it with ``shall be'' and later ``shall be
deemed''; and deleting Appendix P, which referenced the 2008 Ozone
Standard, and replacing it with Appendix U, which references the 2015
Ozone Standard. The SIP submission amending
[[Page 3992]]
the North Carolina regulations to incorporate the most recent ozone
NAAQS can be found in the docket for this rulemaking at
www.regulations.gov.
---------------------------------------------------------------------------
\1\ 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.''
\2\ The submittal was received on April 4, 2018.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on October 1,
2018, (83 FR 49330), EPA proposed to approve revisions to the North
Carolina air quality rules addressing Section .0405, Ozone, in the
North Carolina SIP. Comments on the NPRM were due on or before October
31, 2018. EPA received no adverse comments on the proposed action. EPA
is now taking final action to approve the above-referenced revision.
II. 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 North
Carolina's NCDAQ Rule under Subchapter 2D, Section .0405, Ozone, state
effective January 1, 2018, which revises the ozone standard to be
consistent with the 2015 ozone NAAQS. 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 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.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is taking final action and approving the State of North
Carolina's March 21, 2018, SIP submission identified in section I
above, because these changes are consistent with the CAA and federal
regulations.
IV. 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. 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 final 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 15, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: December 21, 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. In Sec. 52.1770, in the table in paragraph (c)(1), revise the entry
for ``Section .0405'' under Subchapter 2D, Section .0400, to read as
follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
[[Page 3993]]
(1) EPA-Approved North Carolina Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
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Section .0400 Ambient Air Quality Standards
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Section .0405.................... Ozone............... 1/1/2018 2/14/2019, [Insert ....................
citation of
publication in
Federal Register].
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[FR Doc. 2019-02211 Filed 2-13-19; 8:45 am]
BILLING CODE 6560-50-P
