Air Plan Approval; NC; Permitting Revisions, 23725-23727 [2019-10724]
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0454; FRL–9993–97–
Region 4]
Air Plan Approval; NC; Permitting
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
I. Background
The Environmental Protection
Agency (EPA) is taking final action to
approve a portion of a revision to the
North Carolina State Implementation
Plan (SIP) submitted by the State of
North Carolina through the North
Carolina Department of Environmental
Quality (formerly the North Carolina
Department of Environment and Natural
Resources (NCDENR)), Division of Air
Quality, through a letter dated March
24, 2006. The revision includes changes
to permitting regulations. The revision
is part of North Carolina’s strategy to
meet and maintain the national ambient
air quality standards (NAAQS). This
action is being taken pursuant to the
Clean Air Act (CAA or Act) and its
implementing regulations.
DATES: This rule is effective June 24,
2019.
SUMMARY:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0454. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division
(formerly the Air, Pesticides and Toxics
Management Division), U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
khammond on DSKBBV9HB2PROD with RULES
ADDRESSES:
VerDate Sep<11>2014
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Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8966. Mr. Febres can also be
reached via electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
Through a letter dated March 24,
2006, the State of North Carolina,
through NCDENR, submitted several
changes to the North Carolina SIP for
EPA approval. EPA is taking final action
to approve changes to the following
regulations: 15A North Carolina
Administrative Code (NCAC) 02Q
Sections .0101, Required Air Quality
Permits, and .0301, Applicability.1 2 EPA
has taken, will take, or will not take
separate action on all other changes
submitted on March 24, 2006.3
Specifically, 2Q Sections .0101,
Required Air Quality Permits, and .0301,
Applicability, have been amended to
reflect the changes to the North Carolina
General Statutes regarding construction
to allow additional preconstruction
activities for minor sources, and an
exception has been added in both
sections to allow certain
preconstruction activities prior to
obtaining a final minor construction
permit. 2Q Section .0101 has also been
revised to remove a prohibition on
entering into irrevocable contracts for
the construction, operation, or
modification of air cleaning devices.
EPA has determined that allowing the
foregoing changes are consistent with
the requirements of CAA sections
1 EPA received this SIP submittal on April 4,
2006.
2 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.’’
3 On July 18, 2017, EPA took direct final action
on changes to 15A NCAC 02D Sections .0101, .0103,
.0810, .1902, .1903, and 15A NCAC 2Q Sections
.0103, .0105, .0304, .0305, .0808 and .0810. See 82
FR 32767. EPA will be taking separate action on
changes to 15A NCAC 02D Sections .1904 and
.2001. EPA will not be taking action on changes to
15A NCAC 2D Section .1201 because this rule
pertains to incinerators and addresses emission
guidelines under CAA sections 111(d), 129, and 40
CFR part 60 and is not a part of the federallyapproved SIP. EPA will also not be taking action on
changes to Regulation 15A NCAC 02D Section
.1401, because these were withdrawn by NCDEQ on
June 5, 2017. Finally, changes to two regulations,
15A NCAC 02Q Sections .0508 and .0523, will not
be acted on because these rules are part of North
Carolina’s title V permitting program and are not a
part of the SIP.
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23725
110(a)(2)(C) and 110(l) and federal
regulations at 40 CFR 51.160–51.164.
In a notice of proposed rulemaking
(NPRM) published on February 14, 2019
(84 FR 4019), EPA proposed to approve
the aforementioned revisions to the
North Carolina SIP. The NPRM provides
additional detail regarding the
background and rationale for EPA’s
action. Comments on the NPRM were
due on or before March 18, 2019. EPA
received no relevant comments on the
proposed action.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of regulations under
Subchapter 2Q, Air Quality Permits.
Specifically, EPA is incorporating
Section .0101, Required Air Quality
Permits, under .0100, General
Provisions, and Section .0301,
Applicability, under .0300, Construction
and Operating Permits, which both have
a state effective date of December 1,
2005. EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at the EPA Region 4 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.4
III. Final Action
EPA is taking final action to approve
revisions to 15A NCAC 02Q Section
.0101, Required Air Quality Permits, and
Section .0301, Applicability, in the
North Carolina SIP submitted by the
State of North Carolina on March 24,
2006, pursuant to section 110 because
these changes are not inconsistent with
the CAA and EPA’s regulations.
Changes to the other sections in this
submission have been or will be
processed in a separate action, as
appropriate, for approval into the North
Carolina SIP.
4 See
E:\FR\FM\23MYR1.SGM
62 FR 27968 (May 22, 1997).
23MYR1
23726
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Rules and Regulations
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 22, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 10, 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. In § 52.1770, paragraph (c)(1) is
amended by revising the entries
‘‘Section .0101’’ and ‘‘Section .0301’’ to
read as follows:
■
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(1) EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
*
State effective
date
Title/subject
*
*
*
Subchapter 2Q
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Section .0100
Section .0101 .............................
*
*
VerDate Sep<11>2014
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12/1/2005
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*
5/23/2019, [insert Federal Register citation].
*
*
Construction and Operating Permits
Applicability ................................
Jkt 247001
*
General Provisions
*
Section .0300
Section .0301 .............................
*
Explanation
Air Quality Permits
Required Air Quality Permits .....
*
EPA approval date
Fmt 4700
12/1/2005
Sfmt 4700
5/23/2019, [insert Federal Register citation].
E:\FR\FM\23MYR1.SGM
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*
23727
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Rules and Regulations
(1) EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State citation
Title/subject
*
*
*
*
*
*
*
*
[FR Doc. 2019–10724 Filed 5–22–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
National Emission Standards for
Hazardous Air Pollutants for Source
Categories
CFR Correction
In Title 40 of the Code of Federal
Regulations, Part 63, 63.8980 to end of
part 63, revised as of July 1, 2018, make
the following corrections in Subpart
UUUUU:
■ 1. On page 188, in § 63.10021,
paragraph (e)(9) is revised to read as
follows:
§ 63.10021 How do I demonstrate
continuous compliance with the emission
limitations, operating limits, and work
practice standards?
*
*
*
*
*
(e) * * *
(9) Report the dates of the initial and
subsequent tune-ups in hard copy, as
specified in § 63.10031(f)(5), through
June 30, 2020. On or after July 1, 2020,
report the date of all tune-ups
electronically, in accordance with
§ 63.10031(f). The tune-up report date is
the date when tune-up requirements in
paragraphs (e)(6) and (7) of this section
are completed.
*
*
*
*
*
■ 2. On page 195, in § 63.10031,
paragraphs (f) introductory text, (f)(1),
(2), (4), and (f)(6) introductory text are
revised to read as follows:
§ 63.10031
when?
What reports must I submit and
khammond on DSKBBV9HB2PROD with RULES
*
*
*
*
*
(f) On or after July 1, 2020, within 60
days after the date of completing each
performance test, you must submit the
performance test reports required by
this subpart to the EPA’s WebFIRE
database by using the Compliance and
Emissions Data Reporting Interface
(CEDRI) that is accessed through the
EPA’s Central Data Exchange (CDX)
(https://cdx.epa.gov). Performance test
data must be submitted in the file
format generated through use of EPA’s
VerDate Sep<11>2014
16:07 May 22, 2019
Jkt 247001
State effective
date
*
EPA approval date
*
Electronic Reporting Tool (ERT) (see
https://www.epa.gov/ttn/chief/ert/
index.html). Only data collected using
those test methods on the ERT website
are subject to this requirement for
submitting reports electronically to
WebFIRE. Owners or operators who
claim that some of the information being
submitted for performance tests is
confidential business information (CBI)
must submit a complete ERT file
including information claimed to be CBI
on a compact disk or other commonly
used electronic storage media
(including, but not limited to, flash
drives) to EPA. The electronic media
must be clearly marked as CBI and
mailed to U.S. EPA/OAPQS/CORE CBI
Office, Attention: WebFIRE
Administrator, MD C404–02, 4930 Old
Page Rd., Durham, NC 27703. The same
ERT file with the CBI omitted must be
submitted to EPA via CDX as described
earlier in this paragraph. At the
discretion of the delegated authority,
you must also submit these reports,
including the confidential business
information, to the delegated authority
in the format specified by the delegated
authority.
(1) On or after July 1, 2020, within 60
days after the date of completing each
CEMS (SO2, PM, HCl, HF, and Hg)
performance evaluation test, as defined
in § 63.2 and required by this subpart,
you must submit the relative accuracy
test audit (RATA) data (or, for PM
CEMS, RCA and RRA data) required by
this subpart to EPA’s WebFIRE database
by using CEDRI that is accessed through
EPA’s CDX (https://cdx.epa.gov). The
RATA data shall be submitted in the file
format generated through use of EPA’s
Electronic Reporting Tool (ERT)
(https://www.epa.gov/ttn/chief/ert/
index.html). Only RATA data
compounds listed on the ERT website
are subject to this requirement. Owners
or operators who claim that some of the
information being submitted for RATAs
is confidential business information
(CBI) shall submit a complete ERT file
including information claimed to be CBI
on a compact disk or other commonly
used electronic storage media
(including, but not limited to, flash
drives) by registered letter to EPA and
the same ERT file with the CBI omitted
to EPA via CDX as described earlier in
this paragraph. The compact disk or
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Fmt 4700
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Explanation
*
*
other commonly used electronic storage
media shall be clearly marked as CBI
and mailed to U.S. EPA/OAPQS/CORE
CBI Office, Attention: WebFIRE
Administrator, MD C404–02, 4930 Old
Page Rd., Durham, NC 27703. At the
discretion of the delegated authority,
owners or operators shall also submit
these RATAs to the delegated authority
in the format specified by the delegated
authority. Owners or operators shall
submit calibration error testing, drift
checks, and other information required
in the performance evaluation as
described in § 63.2 and as required in
this chapter.
(2) On or after July 1, 2020, for a PM
CEMS, PM CPMS, or approved
alternative monitoring using a HAP
metals CEMS, within 60 days after the
reporting periods ending on March 31st,
June 30th, September 30th, and
December 31st, you must submit
quarterly reports to the EPA’s WebFIRE
database by using the CEDRI that is
accessed through the EPA’s CDX
(https://cdx.epa.gov). You must use the
appropriate electronic reporting form in
CEDRI or provide an alternate electronic
file consistent with EPA’s reporting
form output format. For each reporting
period, the quarterly reports must
include all of the calculated 30-boiler
operating day rolling average values
derived from the CEMS and PM CPMS.
*
*
*
*
*
(4) On or after July 1, 2020, submit the
compliance reports required under
paragraphs (c) and (d) of this section
and the notification of compliance
status required under § 63.10030(e) to
the EPA’s WebFIRE database by using
the CEDRI that is accessed through the
EPA’s CDX (https://cdx.epa.gov). You
must use the appropriate electronic
reporting form in CEDRI or provide an
alternate electronic file consistent with
EPA’s reporting form output format.
*
*
*
*
*
(6) Prior to July 1, 2020, all reports
subject to electronic submittal in
paragraphs (f) introductory text, (f)(1),
(2), and (4) of this section shall be
submitted to the EPA at the frequency
specified in those paragraphs in
electronic portable document format
(PDF) using the ECMPS Client Tool.
Each PDF version of a submitted report
must include sufficient information to
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]]>Agencies
[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23725-23727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10724]
[[Page 23725]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0454; FRL-9993-97-Region 4]
Air Plan Approval; NC; Permitting Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a portion of a revision to the North Carolina State
Implementation Plan (SIP) submitted by the State of North Carolina
through the North Carolina Department of Environmental Quality
(formerly the North Carolina Department of Environment and Natural
Resources (NCDENR)), Division of Air Quality, through a letter dated
March 24, 2006. The revision includes changes to permitting
regulations. The revision is part of North Carolina's strategy to meet
and maintain the national ambient air quality standards (NAAQS). This
action is being taken pursuant to the Clean Air Act (CAA or Act) and
its implementing regulations.
DATES: This rule is effective June 24, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0454. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division (formerly the Air,
Pesticides and Toxics Management Division), U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Through a letter dated March 24, 2006, the State of North Carolina,
through NCDENR, submitted several changes to the North Carolina SIP for
EPA approval. EPA is taking final action to approve changes to the
following regulations: 15A North Carolina Administrative Code (NCAC)
02Q Sections .0101, Required Air Quality Permits, and .0301,
Applicability.1 2 EPA has taken, will take, or will not take
separate action on all other changes submitted on March 24, 2006.\3\
---------------------------------------------------------------------------
\1\ EPA received this SIP submittal on April 4, 2006.
\2\ 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.''
\3\ On July 18, 2017, EPA took direct final action on changes to
15A NCAC 02D Sections .0101, .0103, .0810, .1902, .1903, and 15A
NCAC 2Q Sections .0103, .0105, .0304, .0305, .0808 and .0810. See 82
FR 32767. EPA will be taking separate action on changes to 15A NCAC
02D Sections .1904 and .2001. EPA will not be taking action on
changes to 15A NCAC 2D Section .1201 because this rule pertains to
incinerators and addresses emission guidelines under CAA sections
111(d), 129, and 40 CFR part 60 and is not a part of the federally-
approved SIP. EPA will also not be taking action on changes to
Regulation 15A NCAC 02D Section .1401, because these were withdrawn
by NCDEQ on June 5, 2017. Finally, changes to two regulations, 15A
NCAC 02Q Sections .0508 and .0523, will not be acted on because
these rules are part of North Carolina's title V permitting program
and are not a part of the SIP.
---------------------------------------------------------------------------
Specifically, 2Q Sections .0101, Required Air Quality Permits, and
.0301, Applicability, have been amended to reflect the changes to the
North Carolina General Statutes regarding construction to allow
additional preconstruction activities for minor sources, and an
exception has been added in both sections to allow certain
preconstruction activities prior to obtaining a final minor
construction permit. 2Q Section .0101 has also been revised to remove a
prohibition on entering into irrevocable contracts for the
construction, operation, or modification of air cleaning devices. EPA
has determined that allowing the foregoing changes are consistent with
the requirements of CAA sections 110(a)(2)(C) and 110(l) and federal
regulations at 40 CFR 51.160-51.164.
In a notice of proposed rulemaking (NPRM) published on February 14,
2019 (84 FR 4019), EPA proposed to approve the aforementioned revisions
to the North Carolina SIP. The NPRM provides additional detail
regarding the background and rationale for EPA's action. Comments on
the NPRM were due on or before March 18, 2019. EPA received no relevant
comments on the proposed action.
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of regulations
under Subchapter 2Q, Air Quality Permits. Specifically, EPA is
incorporating Section .0101, Required Air Quality Permits, under .0100,
General Provisions, and Section .0301, Applicability, under .0300,
Construction and Operating Permits, which both have a state effective
date of December 1, 2005. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\4\
---------------------------------------------------------------------------
\4\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is taking final action to approve revisions to 15A NCAC 02Q
Section .0101, Required Air Quality Permits, and Section .0301,
Applicability, in the North Carolina SIP submitted by the State of
North Carolina on March 24, 2006, pursuant to section 110 because these
changes are not inconsistent with the CAA and EPA's regulations.
Changes to the other sections in this submission have been or will be
processed in a separate action, as appropriate, for approval into the
North Carolina SIP.
[[Page 23726]]
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 22, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 10, 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. In Sec. 52.1770, paragraph (c)(1) is amended by revising the
entries ``Section .0101'' and ``Section .0301'' to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Section .0101................. Required Air 12/1/2005 5/23/2019,
Quality Permits. [insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Section .0301................. Applicability.... 12/1/2005 5/23/2019,
[insert Federal
Register
citation].
[[Page 23727]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-10724 Filed 5-22-19; 8:45 am]
BILLING CODE 6560-50-P
