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