Air Plan Approval; NC: Readoption of Air Quality Rules and Removal of the Oxygenated Gasoline Rules, 14308-14312 [2019-06734]
Download as PDF
<![CDATA[
14308
Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM APPROVED BUT NOT INCORPORATED BY REFERENCE—
Continued
State
submittal
date
Name of SIP provision
Applicable geographic or
nonattainment area
Interstate Transport for
the 2010 nitrogen dioxide NAAQS.
Infrastructure for the
2010 nitrogen dioxide
NAAQS.
Statewide ........................
EPA approval date
Explanations
10/20/15
5/16/2016, 81 FR 30181
Statewide ........................
12/27/2013
5/24/2018, 83 FR 24034
Infrastructure for the
2010 sulfur dioxide
NAAQS.
Statewide ........................
12/27/2013
5/24/2018, 83 FR 24034
Infrastructure for the
2012 PM2.5 NAAQS.
Statewide ........................
10/20/2015
5/24/2018, 83 FR 24034
Interstate Transport for
the 2012 PM2.5
NAAQS.
Statewide ........................
10/20/2015
9/18/2018, 83 FR 47073
This action meets the requirements
of
CAA
section
110(a)(2)(D)(i)(I).
This action addresses the following CAA section 110(a)(2)
elements:
(A),
(B),
(C),
(D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
This action addresses the following CAA section 110(a)(2)
elements:
(A),
(B),
(C),
(D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
This action addresses the following CAA section 110(a)(2)
elements:
(A),
(B),
(C),
(D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
This action meets the requirements
of
CAA
section
110(a)(2)(D)(i)(I).
EPA-Approved Oregon State Directives
Directive 1–4–1–601 .......
ODEQ–LRAPA Stringency Directive, Attachment B.
Operational Guidance for
the Oregon Smoke
Management Program.
DEQ analysis and recommendations regarding which of the proposed rules that the
EQC should require
LRAPA to implement
directly.
8/26/1993
11/1/2001, 66 FR 55105.
4/22/2015
10/11/2017, 82 FR
47122..
EPA-Approved Manuals
....................................
ODEQ Source Sampling
Manual.
4/22/2015
10/11/2017, 82 FR 47122
....................................
ODEQ Continuous Emissions Monitoring Manual.
4/22/2015
10/11/2017, 82 FR 47122
§§ 52.1989 through 52.1992
Reserved]
[Removed and
[FR Doc. 2019–06881 Filed 4–9–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
jbell on DSK30RV082PROD with RULES
[EPA–R04–OAR–2018–0301; FRL–9991–63–
Region 4]
Air Plan Approval; NC: Readoption of
Air Quality Rules and Removal of the
Oxygenated Gasoline Rules
Environmental Protection
Agency (EPA).
VerDate Sep<11>2014
16:10 Apr 09, 2019
Jkt 247001
Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision submitted by the North
Carolina Department of Environmental
Quality, Division of Air Quality (DAQ),
on March 21, 2018, readopting and
amending several air quality rules, and
requesting to remove the rules for the
oxygenated gasoline program. This SIP
revision also contains a non-interference
demonstration, which concludes that
removing the oxygenated gasoline
program would not interfere with
attainment or maintenance of the
National Ambient Air Quality Standards
(NAAQS). EPA has determined that
North Carolina’s March 21, 2018, SIP
revision is consistent with the
SUMMARY:
3. Sections 52.1989 through 52.1992
are removed and reserved.
■
AGENCY:
ACTION:
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
Volumes I and II for purposes of
the limits approved into the
SIP.
For purposes of the limits approved into the SIP.
applicable provisions of the Clean Air
Act (CAA or Act).
This rule will be effective May
10, 2019.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0301. 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
ADDRESSES:
E:\FR\FM\10APR1.SGM
10APR1
Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
jbell on DSK30RV082PROD with RULES
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 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:
Kelly Sheckler, 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) 562–9992. Ms. Sheckler
can also be reached via electronic mail
at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
.0105, Mailing List
.0201, Classification of Air Pollution Sources
.0202, Registration of Air Pollution Sources
.0302, Episode Criteria
.0303, Emission Reduction Plans
.0304, Preplanned Abatement Program
.0305, Emission Reduction Plan: Alert Level
.0306, Emission Reduction Plan: Warning
Level
.0307, Emission Reduction Plan: Emergency
Level
.0401, Purpose
.0402, Sulfur Oxides
.0404, Carbon Monoxide
.0407, Nitrogen Dioxide
.0408, Lead
.0409, PM10 Particulate Matter
.0410, PM2.5 Particulate Matter
Rule .0101, Definitions, is amended to
update the format of units and
references while, Rules .0103, .0104,
and .0105 are amended to update the
agency name, addresses and to include
web referenced documents and costs.
Section .0200, Air Pollution Sources,
is amended for clarity and to update the
formatting and references. EPA notes
that the proposed rule (see 84 FR 2109)
dated February 6, 2019, included an
error by listing Section .0200, Air
I. Background
Pollution Sources, in the discussion as
EPA is taking final action to approve
both rules that were submitted for
North Carolina’s March 21, 2018, SIP
readoption only and as rules that were
revision seeking to readopt and amend
being amended. These rules had minor
various air quality rules and to remove
changes and should have been included
the rules for the oxygenated gasoline
in the amended rules section. EPA
program from North Carolina’s SIP.
further notes that the changes—along
North Carolina requested that EPA
with the rest of the March 21, 2018, SIP
approve the removal of rules in 15A
submittal—were available to the public
1
NCAC 2D Section .1300, Oxygenated
during the comment period in the
Gasoline Standard (hereinafter referred
docket of this action.
to as the oxygenated gasoline program)
Section .0300, Air Pollution
from the North Carolina SIP. To support Emergencies, addresses the prevention
the request to remove the rules for the
of buildup of air contaminants during
oxygenated gasoline program from the
an air pollution episode to prevent a
SIP, North Carolina’s SIP revision
public health emergency. Rule .0302 is
contained technical support material to
amended to update the format of units,
demonstrate that the removal of the
to update who proclaims air quality
program will not interfere with
alerts and warnings and declarations of
attainment or maintenance of any
emergency at various pollutant levels
NAAQS or with any other applicable
requiring abatement actions from the
requirement of the CAA.
Director to the Secretary’s level with
In addition, the SIP revision
concurrence of the Governor, to remove
addressed State rules amended and
obsolete pollutant levels triggering such
readopted in 15A NCAC Subchapter 2D proclamations or declarations and to
sections .0100, Definitions and
renumber the subsections because of the
References, .0200, Air Pollution Sources, changes. The amendments to Rules
.0300, Air Pollution Emergencies, and
.0303 and .0304 update the format of
.0400, Ambient Air Quality Standards.
references for emission reduction plans
More specifically, the following rules
and preplanned abatement programs.
were amended and updated:
Rules .0305, .0306, and .0307 are
amended to eliminate redundant
.0101, Definitions
.0103, Copies of Referenced Federal
language in paragraph (b)(4) that is
Regulations
already reflected in Paragraph (a)(2) for
.0104, Incorporation by Reference
open burning requirements in emission
reduction plans.
1 In the table of North Carolina regulations
Section .0400, Ambient Air Quality
federally-approved into the SIP at 40 CFR
Standards, contains the ambient air
52.1770(c), 15A NCAC 02D is referred to as
quality standards and associated
‘‘Subchapter 2D Air Pollution Control
Requirements.’’
monitoring methodologies for the State
VerDate Sep<11>2014
16:10 Apr 09, 2019
Jkt 247001
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
14309
and to be consistent with the NAAQS.
Specifically, Rules .0401 and .0409, and
.0410 are amended to update the format
of units and references, while
administrative changes were made to
.0402, .0404, .0407, and .0408.
EPA proposed approval of the North
Carolina March 21, 2018, SIP revision to
remove the oxygenated gasoline
program and amend and re-adopt state
regulations, as mentioned above, on
February 6, 2019 (see 84 FR 2109). The
details of North Carolina’s submission
and the rationale for EPA’s actions are
explained in the proposed rulemaking.
EPA did not receive any relevant
comments on the proposed action. EPA
is now taking final action to approve the
above-referenced revision.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is finalizing the
incorporation by reference the following
air quality rules in Subchapter 2D Air
Pollution Control Requirements,
Sections .0101, Definitions, .0103,
Copies of Referenced Federal
Regulations, .0104, Incorporation by
Reference, .0105, Mailing List, .0201,
Classification of Air Pollution Sources,
.0202, Registration of Air Pollution
Sources, .0302, Episode Criteria, .0303,
Emission Reduction Plans, .0304,
Preplanned Abatement Program, .0305,
Emission Reduction Plan: Alert Level,
.0306, Emission Reduction Plan:
Warning Level, .0307, Emission
Reduction Plan: Emergency Level, .0401,
Purpose, .0402, Sulfur Oxides, .0404,
Carbon Monoxide, .0407, Nitrogen
Dioxide, .0408, Lead, .0409, PM10
Particulate Matter, .0410, PM2.5
Particulate Matter, state effective
January 1, 2018. EPA is also finalizing
the repeal of the oxygenated gasoline
rules under Subchapter 2D at Sections
.1301, .1302, .1303, .1304, .1305.
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
E:\FR\FM\10APR1.SGM
10APR1
14310
Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
be incorporated by reference in the next
update to the SIP compilation.2
III. Final Action
EPA is taking final action to approve
the above-referenced changes to the
State of North Carolina SIP because they
are consistent with the CAA.
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,
if they meet the criteria of the CAA.
These actions merely approve state law
as meeting Federal requirements and do
not impose additional requirements
beyond those imposed by state law. For
that reason, these actions:
• Are not significant regulatory
actions 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 Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions 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
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 economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions 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.
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 June 10, 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, Carbon
monoxide, Sulfur dioxide, Particulate
Matter, Lead, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 21, 2019.
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. Amend § 52.1770(c)(1), under
‘‘Subchapter 2D Air Pollution Control
Requirements’’ by:
■ a. Revising the entries for ‘‘Section
.0101’’, ‘‘Section .0103’’, ‘‘Section
.0104’’, ‘‘Section .0105’’, ‘‘Section
.0201’’, ‘‘Section .0202’’, ‘‘Section
.0302’’, ‘‘Section .0303’’, ‘‘Section
.0304’’, ‘‘Section .0305’’, ‘‘Section
.0306’’, ‘‘Section .0307’’, ‘‘Section
.0401’’, ‘‘Section .0402’’, ‘‘Section
.0404’’, ‘‘Section .0407’’, ‘‘Section
.0408’’, ‘‘Section .0409’’, and ‘‘Section
.0410’’, and
■ b. Removing the heading ‘‘Section
.1300 Oxygenated Gasoline Standard’’
including the entries ‘‘Section .1301’’
through ‘‘Section .1305’’.
The revisions reads as follows:
■
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(1) EPA APPROVED NORTH CAROLINA REGULATIONS
jbell on DSK30RV082PROD with RULES
State citation
State
effective date
Title/subject
EPA approval date
Explanation
Subchapter 2D Air Pollution Control Requirements
Section .0100 Definitions and References
Section .0101 ..........
2 See
Definitions ....................................
1/1/2018
4/10/2019 [Insert Federal Register citation].
62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:10 Apr 09, 2019
Jkt 247001
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
E:\FR\FM\10APR1.SGM
10APR1
14311
Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
(1) EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State
effective date
State citation
Title/subject
Section .0103 ..........
1/1/2018
Section .0104 ..........
Copies of Referenced Federal
Regulations.
Incorporation by Reference .........
Section .0105 ..........
Mailing List ..................................
1/1/2018
1/1/2018
Section .0200
Section .0201 ..........
Section .0202 ..........
Classification of Air
Sources.
Registration of Air
Sources.
1/1/2018
Pollution
1/1/2018
*
*
Episode Criteria ...........................
*
1/1/2018
Section .0303 ..........
Emission Reduction Plans ..........
1/1/2018
Section .0304 ..........
Preplanned Abatement Program
1/1/2018
Section .0305 ..........
Emission Reduction Plan: Alert
Level.
Emission Reduction Plan: Warning Level.
Emission Reduction Plan: Emergency Level.
1/1/2018
Section .0307 ..........
Section .0400
4/10/2019 [Insert Federal Register citation].
4/10/2019 [Insert Federal Register citation].
4/10/2019 [Insert Federal Register citation].
4/10/2019 [Insert Federal Register citation].
4/10/2019 [Insert Federal Register citation].
Air Pollution Emergencies
*
Section .0302 ..........
Section .0306 ..........
Explanation
Air Pollution Sources
Pollution
Section .0300
EPA approval date
1/1/2018
1/1/2018
*
4/10/2019 [Insert
ister citation].
4/10/2019 [Insert
ister citation].
4/10/2019 [Insert
ister citation].
4/10/2019 [Insert
ister citation].
4/10/2019 [Insert
ister citation].
4/10/2019 [Insert
ister citation].
*
Federal RegFederal RegFederal RegFederal RegFederal Reg-
Ambient Air Quality Standards
Section .0401 ..........
Purpose .......................................
1/1/2018
Section .0402 ..........
Sulfur Oxides ...............................
1/1/2018
*
Section .0404 ..........
*
*
Carbon Monoxide ........................
*
1/1/2018
*
4/10/2019 [Insert Federal Register citation].
*
*
*
Section .0407 ..........
*
*
Nitrogen Dioxide ..........................
*
1/1/2018
*
*
Section .0408 ..........
Lead ............................................
1/1/2018
Section .0409 ..........
PM10 Particulate Matter ...............
1/1/2018
Section .0410 ..........
PM2.5 Particulate Matter ..............
1/1/2018
*
4/10/2019 [Insert
ister citation].
4/10/2019 [Insert
ister citation].
4/10/2019 [Insert
ister citation].
4/10/2019 [Insert
ister citation].
*
*
*
*
*
*
*
*
*
4/10/2019 [Insert Federal Register citation].
4/10/2019 [Insert Federal Register citation].
*
Federal RegFederal RegFederal RegFederal Reg-
*
*
[FR Doc. 2019–06734 Filed 4–9–19; 8:45 am]
BILLING CODE 6560–50–P
jbell on DSK30RV082PROD with RULES
*
Federal Reg-
VerDate Sep<11>2014
17:50 Apr 09, 2019
Jkt 247001
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
E:\FR\FM\10APR1.SGM
10APR1
14312
Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2002–0008; FRL–9991–
99–Region 8]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of OU2 of the Libby Asbestos
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 8 announces the
deletion of the Operable Unit 2 (OU2),
Former Screening Plant, of the Libby
Asbestos Superfund Site (Site) located
in Libby, Montana from the National
Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This partial
deletion pertains to all of OU2. Operable
Unit 1 (OU1), Former Export Plant;
Operable Unit 3 (OU3), Former
Vermiculite Mine; Operable Unit 4 and
Operable Unit 7 (OU4/OU7),
Residential/Commercial Properties of
Libby and Troy; Operable Unit 5 (OU5),
Former Stimson Lumber Mill; Operable
Unit 6 (OU6), BNSF Rail Corridor; and
Operable Unit 8 (OU8), Highways and
Roadways, are not being considered for
deletion as part of this action and will
remain on the NPL. The EPA and the
State of Montana, through the
Department of Environmental Quality
(DEQ), have determined that all
appropriate response actions under
CERCLA, other than operation and
maintenance, and five-year reviews,
have been completed. However, the
deletion of these parcels does not
preclude future actions under
Superfund.
SUMMARY:
DATES:
This action is effective April 10,
2019.
EPA has established a
docket for this action under Docket
Identification No. EPA–HQ–SFUND–
2002–0008. 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, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
jbell on DSK30RV082PROD with RULES
ADDRESSES:
VerDate Sep<11>2014
17:50 Apr 09, 2019
Jkt 247001
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 electronically in
https://www.regulations.gov; by calling
EPA Region 8 at (303) 312–7279 and
leaving a message; and at the EPA Info
Center, 108 E 9th Street, Libby, MT
59923, (406) 293–6194, Monday through
Thursday from 8:00 a.m.–4:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Dania Zinner, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 8, Mailcode EPR–SR,
1595 Wynkoop Street, Denver, CO
80202–1129, (303) 312–7122, email
zinner.dania@epa.gov.
SUPPLEMENTARY INFORMATION: The
portion of the site to be deleted from the
NPL is: OU2 of the Libby Asbestos
Superfund Site in Libby, Montana. A
Notice of Intent for Partial Deletion for
this Site was published in the Federal
Register (84 FR 2122–2125) on February
6, 2019.
The closing date for comments on the
Notice of Intent for Partial Deletion was
March 8, 2019. One set of public
comments was received. The
commenter does not object to the
delisting; however, the commenter
would like the Operations and
Maintenance plan to be reviewed and
updated. EPA commits to revising and
updating the Operation and
Maintenance plan for OU2 when new
information necessitates an update. EPA
activities completed at the site satisfy
the NCP deletion criteria. EPA believes
the partial deletion of OU2 of the Libby
Asbestos Superfund Site from the NPL
is appropriate. A responsiveness
summary was prepared and placed in
both the docket, EPA–HQ–SFUND–
2002–0008, on www.regulations.gov,
and in the local repositories listed
above.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion of a site from the
NPL does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of portions of
a site from the NPL does not affect
responsible party liability, in the
unlikely event that future conditions
warrant further actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: March 29, 2019.
Douglas H. Benevento,
Regional Administrator, Region 8.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
2. In Appendix B to part 300, Table 1
is amended by revising the entry for
‘‘MT’’, ‘‘Libby Asbestos’’, ‘‘Libby’’ to
read as follows:
■
Appendix B to Part 300—National
Priorities List
TABLE 1—GENERAL SUPERFUND
SECTION
State
*
MT ......
Notes a
*
*
*
*
Libby Asbestos ....... Libby .....
*
a*
City/
county
Site name
*
*
*
P
*
* *
*
*
*
* P = Sites with partial deletion(s).
*
*
*
*
*
*
*
[FR Doc. 2019–07019 Filed 4–9–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 59
RIN 0937–AA07
Compliance With Statutory Program
Integrity Requirements
Office of the Assistant
Secretary for Health, Office of the
Secretary, HHS. Department of Health
and Human Services.
AGENCY:
ACTION:
Final rule; correction.
This document corrects
technical errors in the provisions that
appeared in the final rule published in
SUMMARY:
E:\FR\FM\10APR1.SGM
10APR1
]]>Agencies
[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14308-14312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06734]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0301; FRL-9991-63-Region 4]
Air Plan Approval; NC: Readoption of Air Quality Rules and
Removal of the Oxygenated Gasoline Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the North Carolina Department of Environmental Quality, Division of
Air Quality (DAQ), on March 21, 2018, readopting and amending several
air quality rules, and requesting to remove the rules for the
oxygenated gasoline program. This SIP revision also contains a non-
interference demonstration, which concludes that removing the
oxygenated gasoline program would not interfere with attainment or
maintenance of the National Ambient Air Quality Standards (NAAQS). EPA
has determined that North Carolina's March 21, 2018, SIP revision is
consistent with the applicable provisions of the Clean Air Act (CAA or
Act).
DATES: This rule will be effective May 10, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0301. 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
[[Page 14309]]
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 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: Kelly Sheckler, 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) 562-9992. Ms. Sheckler can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve North Carolina's March 21,
2018, SIP revision seeking to readopt and amend various air quality
rules and to remove the rules for the oxygenated gasoline program from
North Carolina's SIP.
North Carolina requested that EPA approve the removal of rules in
15A NCAC 2D \1\ Section .1300, Oxygenated Gasoline Standard
(hereinafter referred to as the oxygenated gasoline program) from the
North Carolina SIP. To support the request to remove the rules for the
oxygenated gasoline program from the SIP, North Carolina's SIP revision
contained technical support material to demonstrate that the removal of
the program will not interfere with attainment or maintenance of any
NAAQS or with any other applicable requirement of the CAA.
---------------------------------------------------------------------------
\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.''
---------------------------------------------------------------------------
In addition, the SIP revision addressed State rules amended and
readopted in 15A NCAC Subchapter 2D sections .0100, Definitions and
References, .0200, Air Pollution Sources, .0300, Air Pollution
Emergencies, and .0400, Ambient Air Quality Standards. More
specifically, the following rules were amended and updated:
.0101, Definitions
.0103, Copies of Referenced Federal Regulations
.0104, Incorporation by Reference
.0105, Mailing List
.0201, Classification of Air Pollution Sources
.0202, Registration of Air Pollution Sources
.0302, Episode Criteria
.0303, Emission Reduction Plans
.0304, Preplanned Abatement Program
.0305, Emission Reduction Plan: Alert Level
.0306, Emission Reduction Plan: Warning Level
.0307, Emission Reduction Plan: Emergency Level
.0401, Purpose
.0402, Sulfur Oxides
.0404, Carbon Monoxide
.0407, Nitrogen Dioxide
.0408, Lead
.0409, PM10 Particulate Matter
.0410, PM2.5 Particulate Matter
Rule .0101, Definitions, is amended to update the format of units
and references while, Rules .0103, .0104, and .0105 are amended to
update the agency name, addresses and to include web referenced
documents and costs.
Section .0200, Air Pollution Sources, is amended for clarity and to
update the formatting and references. EPA notes that the proposed rule
(see 84 FR 2109) dated February 6, 2019, included an error by listing
Section .0200, Air Pollution Sources, in the discussion as both rules
that were submitted for readoption only and as rules that were being
amended. These rules had minor changes and should have been included in
the amended rules section. EPA further notes that the changes--along
with the rest of the March 21, 2018, SIP submittal--were available to
the public during the comment period in the docket of this action.
Section .0300, Air Pollution Emergencies, addresses the prevention
of buildup of air contaminants during an air pollution episode to
prevent a public health emergency. Rule .0302 is amended to update the
format of units, to update who proclaims air quality alerts and
warnings and declarations of emergency at various pollutant levels
requiring abatement actions from the Director to the Secretary's level
with concurrence of the Governor, to remove obsolete pollutant levels
triggering such proclamations or declarations and to renumber the
subsections because of the changes. The amendments to Rules .0303 and
.0304 update the format of references for emission reduction plans and
preplanned abatement programs. Rules .0305, .0306, and .0307 are
amended to eliminate redundant language in paragraph (b)(4) that is
already reflected in Paragraph (a)(2) for open burning requirements in
emission reduction plans.
Section .0400, Ambient Air Quality Standards, contains the ambient
air quality standards and associated monitoring methodologies for the
State and to be consistent with the NAAQS. Specifically, Rules .0401
and .0409, and .0410 are amended to update the format of units and
references, while administrative changes were made to .0402, .0404,
.0407, and .0408.
EPA proposed approval of the North Carolina March 21, 2018, SIP
revision to remove the oxygenated gasoline program and amend and re-
adopt state regulations, as mentioned above, on February 6, 2019 (see
84 FR 2109). The details of North Carolina's submission and the
rationale for EPA's actions are explained in the proposed rulemaking.
EPA did not receive any relevant comments on the proposed action. EPA
is now taking final action to approve the above-referenced revision.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference the
following air quality rules in Subchapter 2D Air Pollution Control
Requirements, Sections .0101, Definitions, .0103, Copies of Referenced
Federal Regulations, .0104, Incorporation by Reference, .0105, Mailing
List, .0201, Classification of Air Pollution Sources, .0202,
Registration of Air Pollution Sources, .0302, Episode Criteria, .0303,
Emission Reduction Plans, .0304, Preplanned Abatement Program, .0305,
Emission Reduction Plan: Alert Level, .0306, Emission Reduction Plan:
Warning Level, .0307, Emission Reduction Plan: Emergency Level, .0401,
Purpose, .0402, Sulfur Oxides, .0404, Carbon Monoxide, .0407, Nitrogen
Dioxide, .0408, Lead, .0409, PM10 Particulate Matter, .0410,
PM2.5 Particulate Matter, state effective January 1, 2018.
EPA is also finalizing the repeal of the oxygenated gasoline rules
under Subchapter 2D at Sections .1301, .1302, .1303, .1304, .1305.
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
[[Page 14310]]
be incorporated by reference in the next update to the SIP
compilation.\2\
---------------------------------------------------------------------------
\2\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is taking final action to approve the above-referenced changes
to the State of North Carolina SIP because they are consistent with the
CAA.
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, if
they meet the criteria of the CAA. These actions merely approve state
law as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For that reason, these
actions:
Are not significant regulatory actions 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 Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions 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 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 economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions 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.
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 June 10, 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, Carbon
monoxide, Sulfur dioxide, Particulate Matter, Lead, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: March 21, 2019.
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. Amend Sec. 52.1770(c)(1), under ``Subchapter 2D Air Pollution
Control Requirements'' by:
0
a. Revising the entries for ``Section .0101'', ``Section .0103'',
``Section .0104'', ``Section .0105'', ``Section .0201'', ``Section
.0202'', ``Section .0302'', ``Section .0303'', ``Section .0304'',
``Section .0305'', ``Section .0306'', ``Section .0307'', ``Section
.0401'', ``Section .0402'', ``Section .0404'', ``Section .0407'',
``Section .0408'', ``Section .0409'', and ``Section .0410'', and
0
b. Removing the heading ``Section .1300 Oxygenated Gasoline Standard''
including the entries ``Section .1301'' through ``Section .1305''.
The revisions reads as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Section .0101................. Definitions......... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
[[Page 14311]]
Section .0103................. Copies of Referenced 1/1/2018 4/10/2019 [Insert
Federal Regulations. Federal Register
citation].
Section .0104................. Incorporation by 1/1/2018 4/10/2019 [Insert
Reference. Federal Register
citation].
Section .0105................. Mailing List........ 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Section .0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Section .0201................. Classification of 1/1/2018 4/10/2019 [Insert
Air Pollution Federal Register
Sources. citation].
Section .0202................. Registration of Air 1/1/2018 4/10/2019 [Insert
Pollution Sources. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Section .0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section .0302................. Episode Criteria.... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
Section .0303................. Emission Reduction 1/1/2018 4/10/2019 [Insert
Plans. Federal Register
citation].
Section .0304................. Preplanned Abatement 1/1/2018 4/10/2019 [Insert
Program. Federal Register
citation].
Section .0305................. Emission Reduction 1/1/2018 4/10/2019 [Insert
Plan: Alert Level. Federal Register
citation].
Section .0306................. Emission Reduction 1/1/2018 4/10/2019 [Insert
Plan: Warning Level. Federal Register
citation].
Section .0307................. Emission Reduction 1/1/2018 4/10/2019 [Insert
Plan: Emergency Federal Register
Level. citation].
----------------------------------------------------------------------------------------------------------------
Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section .0401................. Purpose............. 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
Section .0402................. Sulfur Oxides....... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
* * * * * * *
Section .0404................. Carbon Monoxide..... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
* * * * * * *
Section .0407................. Nitrogen Dioxide.... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
Section .0408................. Lead................ 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
Section .0409................. PM10 Particulate 1/1/2018 4/10/2019 [Insert
Matter. Federal Register
citation].
Section .0410................. PM2.5 Particulate 1/1/2018 4/10/2019 [Insert
Matter. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-06734 Filed 4-9-19; 8:45 am]
BILLING CODE 6560-50-P
