Air Plan Approval; North Carolina; Revision To Permit Term for Non-Title V Air Quality Permits, 11695-11697 [2019-05979]

Download as PDF Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Proposed Rules jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. amozie on DSK9F9SC42PROD with PROPOSALS C. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect 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. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions VerDate Sep<11>2014 17:48 Mar 27, 2019 Jkt 247001 that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under figure 2–1, paragraph (32)(e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this proposed rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 11695 www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacynotice. Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. 2. Add § 117.645 to part 117 to read as follows: ■ § 117.645 River Rouge The draw of the Conrail Bridge, mile 1.48, is remotely operated, is required to operate a radiotelephone, and shall open on signal. Dated: March 22, 2019. J.M. Nunan, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2019–05908 Filed 3–27–19; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2018–0760; FRL–9991–45– Region 4] Air Plan Approval; North Carolina; Revision To Permit Term for Non-Title V Air Quality Permits Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: E:\FR\FM\28MRP1.SGM 28MRP1 11696 Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Proposed Rules The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision provided by the State of North Carolina, through the North Carolina Department of Environmental Quality, Division of Air Quality (NCDAQ), on January 12, 2018. The SIP revision makes changes to the State’s combined construction and operating permit program for non-Title V sources. EPA is proposing to approve the revision to the North Carolina SIP because it is consistent with the Clean Air Act (CAA or Act). SUMMARY: Comments must be received on or before April 29, 2019. DATES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2018–0760 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://www2.epa.gov/dockets/ commenting-epa-dockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: amozie on DSK9F9SC42PROD with PROPOSALS Evan Adams of 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. Mr. Adams can be reached by telephone at (404) 562–9009, or via electronic mail at adams.evan@ epa.gov. SUPPLEMENTARY INFORMATION: I. Background and Analysis North Carolina has a SIP-approved construction and operating permit program at 15 North Carolina Administrative Code (NCAC) 02Q.0300—Construction and Operation VerDate Sep<11>2014 17:48 Mar 27, 2019 Jkt 247001 Permits.1 These regulations set forth the State’s process for issuing combined construction and operating permits. They do not apply to Title V permits issued by NCDAQ. See 15A NCAC 02Q.0301(a). On January 12, 2018, NCDAQ submitted a SIP revision to 15 NCAC 02Q.0308—Final Action on Permit Applications, which was state effective on January 1, 2015.2 The January 12, 2018, submittal requests minor typographical/administrative edits to 15 NCAC 02Q.0308. For example, the submittal fixes a grammar error in 15 NCAC 02Q.0308(b) by replacing the word ‘‘which’’ with the word ‘‘that’’ in the first sentence. In addition, the submittal changes the permit term (duration) for combined construction and operating permits from five years, or less as determined reasonable by the Director, to eight years. This permit term in Section .0308 affects only minor sources because sources subject to Title V (i.e., major sources) are subject to the separate operating permit term provisions of North Carolina’s Title V program. II. EPA’s Action In this action, EPA is proposing to approve changes to 02Q Section .0308, Final Action on Permit Applications, included in the January 12, 2018, submittal. EPA has preliminarily concluded that the minor typographical/ administrative edits are approvable because they do not alter the meaning of the rule, and that the revision to the permit term is approvable because it is not inconsistent with the Act, including the Agency’s preconstruction review requirements at 40 CFR 51.160–164. EPA notes that the revision merely changes the duration of the permit from five years to eight years and does not affect any emission limits or other permit conditions. Thus, EPA does not believe the revision will interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the Act. EPA is accordingly proposing to approve the changes included in the January 12, 2018, submittal. III. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with 1 In the table of North Carolina regulations federally approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02Q is referred to as ‘‘Subchapter 2Q—Air Quality Permits.’’ 2 EPA received this SIP revision on February 2, 2018. PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference under Subchapter 02Q, Air Quality Permits of the North Carolina SIP, Section .0308, titled Final Action of Permit Applications, state effective January 1, 2015, which revises the permit renewal period for non-title V permits to eight years, and makes other administrative/typographical edits. 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). IV. Proposed Action EPA is proposing to approve the SIP revision submitted by the NCDAQ on January 12, 2018, consisting of changes to 15 NCAC 02Q.0308, state effective January 1, 2015. These changes modify the permit term for non-title V combined construction and operating permits and make other typographical/ administrative edits. 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. This action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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); E:\FR\FM\28MRP1.SGM 28MRP1 Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Proposed Rules • 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 18, 2019. Mary S. Walker, Acting Regional Administrator, Region 4. [FR Doc. 2019–05979 Filed 3–27–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 amozie on DSK9F9SC42PROD with PROPOSALS [EPA–R06–OAR–2015–0426; FRL–9990–62– Region 6] Air Plan Approval; Arkansas; Regional Haze Five-Year Progress Report State Implementation Plan Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: VerDate Sep<11>2014 19:13 Mar 27, 2019 Jkt 247001 Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submitted by the Governor through the Arkansas Department of Environmental Quality (ADEQ) on June 2, 2015. The SIP submittal addresses requirements of the federal regulations that direct the State to submit a periodic report that assesses progress toward reasonable progress goals (RPGs) established for regional haze with a determination of adequacy of the existing implementation plan. DATES: Written comments must be received on or before April 29, 2019. ADDRESSES: Submit comments, identified by Docket No. EPA–R06– OAR–2015–0426, at https:// www.regulations.gov or via email to grady.james@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit any information electronically that is considered 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 with multimedia submissions and should include all discussion points desired. The EPA will generally not consider comments or their contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing systems). For additional submission methods, please contact James E. Grady, (214) 665–6745, grady.james@epa.gov. For 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-epadockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: James E. Grady, (214) 665–6745; grady.james@epa.gov. To inspect the hard copy materials, please schedule an appointment with Mr. Grady or Mr. Bill Deese at 214–665–7253. SUMMARY: PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 11697 SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ each mean ‘‘the EPA.’’ Table of Contents: I. Background A. The Regional Haze Program B. Previous Actions on Arkansas Regional Haze C. Arkansas’ Regional Haze Progress Report SIP Revision II. Evaluation of Arkansas’ Regional Haze Progress Report SIP Revision A. Class I Areas B. Status of Implementation of Measures 1. BART Controls 2. Reasonable Progress Source Controls 3. CAIR and CSAPR 4. Source Retirement and Replacement Schedules 5. Agriculture and Forestry Smoke Management 6. Additional Federal Programs 7. EPA’s Conclusion on the Status of Implementation of Measures C. Emission Reductions From Implementation of Measures D. Visibility Conditions and Changes E. Emission Tracking F. Assessment of Changes Impeding Visibility Progress G. Assessment of Current Strategy To Meet RPGs H. Review of Visibility Monitoring Strategy I. Determination of Adequacy of Existing Implementation Plan J. Consultation With Federal Land Managers III. The EPA’s Proposed Action IV. Statutory and Executive Order Reviews I. Background A. The Regional Haze Program Regional haze is visibility impairment that occurs over a wide geographic area primarily from the pollution of fine particles (PM2.5) emitted into the air.1 Fine particles causing haze consist of sulfates (SO42 ¥), nitrates (NO3¥), organics, elemental carbon (EC), and soil dust.2 Airborne PM2.5 can scatter 1 Fine particles are less than or equal to 2.5 microns (mm) in diameter and usually form secondary in nature indirectly from other sources. Particles less than or equal to 10 mm in diameter are referred to as PM10. Particles greater than PM2.5 but less than PM10 are referred to as coarse mass. Coarse mass can contribute to light extinction as well and is made up of primary particles directly emitted into the air. Fine particles tend to be manmade, while coarse particles tend to have a natural origin. Coarse mass settles out from the air more rapidly than fine particles and usually will be found relatively close to emission sources. Fine particles can be transported long distances by wind and can be found in the air thousands of miles from where they were formed. 2 Organic carbon (OC) can be emitted directly as particles or formed through reactions involving gaseous emissions. Elemental carbon, in contrast to organic carbon, is exclusively of primary origin and emitted by the incomplete combustion of carbonbased fuels. Elemental carbon particles are E:\FR\FM\28MRP1.SGM Continued 28MRP1

Agencies

[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Proposed Rules]
[Pages 11695-11697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05979]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0760; FRL-9991-45-Region 4]


Air Plan Approval; North Carolina; Revision To Permit Term for 
Non-Title V Air Quality Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

[[Page 11696]]

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision provided by the 
State of North Carolina, through the North Carolina Department of 
Environmental Quality, Division of Air Quality (NCDAQ), on January 12, 
2018. The SIP revision makes changes to the State's combined 
construction and operating permit program for non-Title V sources. EPA 
is proposing to approve the revision to the North Carolina SIP because 
it is consistent with the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before April 29, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0760 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Evan Adams of 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. Mr. Adams can be reached by telephone at (404) 562-9009, or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Analysis

    North Carolina has a SIP-approved construction and operating permit 
program at 15 North Carolina Administrative Code (NCAC) 02Q.0300--
Construction and Operation Permits.\1\ These regulations set forth the 
State's process for issuing combined construction and operating 
permits. They do not apply to Title V permits issued by NCDAQ. See 15A 
NCAC 02Q.0301(a).
---------------------------------------------------------------------------

    \1\ In the table of North Carolina regulations federally 
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02Q is referred 
to as ``Subchapter 2Q--Air Quality Permits.''
---------------------------------------------------------------------------

    On January 12, 2018, NCDAQ submitted a SIP revision to 15 NCAC 
02Q.0308--Final Action on Permit Applications, which was state 
effective on January 1, 2015.\2\ The January 12, 2018, submittal 
requests minor typographical/administrative edits to 15 NCAC 02Q.0308. 
For example, the submittal fixes a grammar error in 15 NCAC 02Q.0308(b) 
by replacing the word ``which'' with the word ``that'' in the first 
sentence. In addition, the submittal changes the permit term (duration) 
for combined construction and operating permits from five years, or 
less as determined reasonable by the Director, to eight years. This 
permit term in Section .0308 affects only minor sources because sources 
subject to Title V (i.e., major sources) are subject to the separate 
operating permit term provisions of North Carolina's Title V program.
---------------------------------------------------------------------------

    \2\ EPA received this SIP revision on February 2, 2018.
---------------------------------------------------------------------------

II. EPA's Action

    In this action, EPA is proposing to approve changes to 02Q Section 
.0308, Final Action on Permit Applications, included in the January 12, 
2018, submittal. EPA has preliminarily concluded that the minor 
typographical/administrative edits are approvable because they do not 
alter the meaning of the rule, and that the revision to the permit term 
is approvable because it is not inconsistent with the Act, including 
the Agency's preconstruction review requirements at 40 CFR 51.160-164. 
EPA notes that the revision merely changes the duration of the permit 
from five years to eight years and does not affect any emission limits 
or other permit conditions. Thus, EPA does not believe the revision 
will interfere with any applicable requirement concerning attainment 
and reasonable further progress, or any other applicable requirement of 
the Act. EPA is accordingly proposing to approve the changes included 
in the January 12, 2018, submittal.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference under Subchapter 02Q, Air Quality Permits of the North 
Carolina SIP, Section .0308, titled Final Action of Permit 
Applications, state effective January 1, 2015, which revises the permit 
renewal period for non-title V permits to eight years, and makes other 
administrative/typographical edits. 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).

IV. Proposed Action

    EPA is proposing to approve the SIP revision submitted by the NCDAQ 
on January 12, 2018, consisting of changes to 15 NCAC 02Q.0308, state 
effective January 1, 2015. These changes modify the permit term for 
non-title V combined construction and operating permits and make other 
typographical/administrative edits.

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. This action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed 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);

[[Page 11697]]

     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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 18, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-05979 Filed 3-27-19; 8:45 am]
BILLING CODE 6560-50-P


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