Air Plan Approval; North Carolina; Revision To Permit Term for Non-Title V Air Quality Permits, 31739-31741 [2019-14136]
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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0760; FRL–9995–85–
Region 4]
Air Plan Approval; North Carolina;
Revision To Permit Term for Non-Title
V Air Quality Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action 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 (DAQ),
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: This rule is effective August 2,
2019.
SUMMARY:
EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2018–0609. 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:
Evan Adams of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
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Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9009. Mr. Adams can also be reached
via electronic mail at adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve
changes to the North Carolina SIP that
were provided to EPA through a letter
dated January 12, 2018.1 EPA is
finalizing approval of the portions of
this SIP revision that make changes to
15 North Carolina Administrative Code
(NCAC) 02Q.0300—Construction and
Operation Permits.2 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 DAQ. See 15A NCAC
02Q.0301(a). 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 of the rule 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.
In a notice of proposed rulemaking
(NPRM) published on March 28, 2019
(84 FR 11695), EPA proposed to approve
the aforementioned changes to 15 NCAC
02Q .0308 in the North Carolina SIP,
which make typographical/
administrative edits to the rule. The
NPRM provides additional details
regarding EPA’s action. Comments on
the NPRM were due on or before April
29, 2019. EPA received no comments on
the proposed action and is now taking
final action to approve the abovereferenced revision.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
1 EPA notes that the Agency received the SIP
revision on February 2, 2018.
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.’’
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31739
51.5, EPA is finalizing the incorporation
by reference under Subchapter 2Q, Air
Quality Permits of the North Carolina
SIP, Section .0308, entitled Final Action
on Permit Applications, state effective
January 1, 2015. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.3
III. Final Action
EPA is taking final action to approve
changes to the North Carolina SIP that
were provided to EPA through a letter
dated January 12, 2018. Specifically,
EPA is approving 15 NCAC 02Q .0308
to modify the permit term for non-title
V combined construction and operating
permits and make other typographical/
administrative edits. These rule changes
are consistent with the CAA and its
implementing regulations, and will not
interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 7501 of the Act). See 42
U.S.C. 7410(l).
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
3 See
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62 FR 27968 (May 22, 1997).
03JYR1
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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Rules and Regulations
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 September 3, 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: June 7, 2019.
Mary S. Walker,
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, the table in paragraph
(c)(1) is amended under Subchapter 2Q
Air Quality Permits, Section .0300
Construction and Operating Permits by
revising the entry for ‘‘Section .0308’’ 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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07/3/2019, [Insert citation
of publication]
*
*
*
*
*
Construction and Operating Permits
*
1/1/2015
*
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*
*
*
*
Final Action on Permit Applications
*
Explanation
Air Quality Permits
*
Section .0300
*
Section .0308 .............
EPA approval date
*
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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Rules and Regulations
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[FR Doc. 2019–14136 Filed 7–2–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0371; FRL–9995–84–
Region 4]
Air Plan Approval; Alabama: PSD
Replacement Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
revisions to the Alabama State
Implementation Plan (SIP), submitted
by the State of Alabama, through the
Alabama Department of Environmental
Management (ADEM), via two letters
dated May 7, 2012, and August 27,
2018. The SIP revisions relate to the
State’s Prevention of Significant
Deterioration (PSD) permitting
regulations. In particular, the revisions
add a definition of ‘‘replacement unit’’
and provide that a replacement unit is
a type of existing emissions unit under
the definition of ‘‘emissions unit.’’ This
action is being taken pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective August 2,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0371. 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
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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 (formerly the 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) 562–8966.
Mr. Febres can also be reached via
electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 7, 2012, Alabama submitted
for EPA approval amendments to its
PSD permitting regulations as part of the
State’s New Source Review (NSR)
permitting program, found in ADEM
Administrative Code Rule 335–3–14–
.04—Air Permits Authorizing
Construction in Clean Air Areas
[Prevention of Significant Deterioration
Permitting (PSD)].1 2 Subsequently,
Alabama submitted a May 5, 2017,
withdrawal letter clarifying the May 7,
2012, submittal. EPA issued a direct
final rule—with a concurrent Notice of
Proposed Rulemaking (NPRM)—on
August 24, 2017, approving those
changes. See 82 FR 40072 and 82 FR
40085, respectively. However, EPA
received an adverse comment on that
action, and subsequently withdrew its
direct final rule approval of the May 7,
2012, submittal. See 82 FR 47397
(October 12, 2017). EPA is not finalizing
the August 24, 2017, proposed rule.
Alabama later submitted a second
revision to Rule 335–3–14–.04 on
August 27, 2018.3 Together, the May 7,
2012, and August 27, 2018, submittals,
along with the State’s May 5, 2017,
withdrawal letter, include revisions to
1 EPA’s regulations governing the implementation
of the NSR permitting programs are contained in 40
CFR 51.160 through 51.166; 52.21, 52.24; and part
51, Appendix S. The CAA NSR program is
composed of three separate programs: PSD,
Nonattainment (NNSR), and Minor NSR. PSD is
established in part C of title I of the CAA and
applies in areas that meet the NAAQS—or
‘‘attainment areas’’—as well as areas where there is
insufficient information to determine if the area
meets the NAAQS—or ‘‘unclassifiable areas.’’ The
NNSR program is established in part D of title I of
the CAA and applies in areas that are not in
attainment of the NAAQS—or ‘‘nonattainment
areas.’’ The Minor NSR program addresses
construction or modification activities that do not
qualify as ‘‘major’’ and applies regardless of the
designation of the area in which a source is located.
Together, these programs are referred to as the NSR
programs.
2 EPA notes that it received this SIP revision on
May 16, 2012.
3 EPA notes that it received this SIP revision on
September 4, 2018.
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31741
Alabama’s PSD permitting regulations
by adding a definition of ‘‘replacement
unit’’ at Alabama Rule 335–3–14–
.04(2)(bbb), and by modifying the
definition of ‘‘emissions unit’’ to
expressly include replacement units as
existing emissions units at Alabama
Rule 335–3–14–.04(2)(g). 4 In addition,
Alabama’s August 27, 2018, SIP revision
adds a fifth condition to the new
definition of a ‘‘Replacement Unit’’
requiring any source qualifying as a
replacement unit to use the actual-toprojected-actual test for PSD
applicability at Alabama Rule 335–3–
14–.04(1)(f). Alabama’s definition of
‘‘replacement unit,’’ and its provision
defining a replacement unit as an
‘‘existing emissions unit’’ for purposes
of PSD applicability, are consistent with
Federal PSD regulations at 40 CFR
51.166.
In a NPRM published on March 29,
2019 (84 FR 11914), EPA proposed to
approve the revisions to Alabama Rule
335–3–14–.04 included in the State’s
May 7, 2012, submittal, as amended by
the May 5, 2017, withdrawal letter, and
the August 27, 2018, submittal.
Comments on the NPRM were due on or
before April 29, 2019. EPA received one
adverse comment during the comment
period for this action and offers a
response below.
II. Response to Comments
The Commenter generally supports
EPA’s proposed approval of revisions to
Alabama Rule 335–3–14–.04(2)(bbb) and
Rule 335–3–14–.04(2)(g). However, the
Commenter states that EPA must require
revision of Alabama’s SIP to remove a
separate definition—the definition of
‘‘actual emissions’’ at Alabama Rule
335–3–14–.04(2)(u)—because that
definition is ‘‘unlawful and arbitrary.’’
The Commenter further states that EPA
constructively reopened its approval of
the ‘‘actual emissions’’ definition when
it proposed approval of the May 7, 2012,
version of Alabama Rule 335–3–14–
.04(2)(bbb) on August 24, 2017 (82 FR
40072).
EPA approved Alabama’s definition of
‘‘actual emissions’’ on May 1, 2008 (73
FR 23957), and that approval is outside
the scope of this action. Additionally,
EPA disagrees that it constructively
reopened its prior approval of the
4 EPA is not taking action on the portions of
Alabama’s May 7, 2012, and August 27, 2018,
submittals regarding ADEM Administrative Code
Chapter 335–3–10—Standards of Performance for
New Stationary Sources, and Chapter 335–3–11—
National Emission Standards for Hazardous Air
Pollutants. In the cover letter for these SIP
revisions, Alabama acknowledges that these
regulations are not part of Alabama’s SIP and states
that these regulations are not to be incorporated
into the SIP.
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]]>Agencies
[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Rules and Regulations]
[Pages 31739-31741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14136]
[[Page 31739]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0760; FRL-9995-85-Region 4]
Air Plan Approval; North Carolina; Revision To Permit Term for
Non-Title V Air Quality Permits
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 provided
by the State of North Carolina, through the North Carolina Department
of Environmental Quality, Division of Air Quality (DAQ), 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: This rule is effective August 2, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0609. 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: Evan Adams of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9009. Mr. Adams can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve changes to the North Carolina
SIP that were provided to EPA through a letter dated January 12,
2018.\1\ EPA is finalizing approval of the portions of this SIP
revision that make changes to 15 North Carolina Administrative Code
(NCAC) 02Q.0300--Construction and Operation Permits.\2\ 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 DAQ. See 15A NCAC 02Q.0301(a). 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 of the rule 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.
---------------------------------------------------------------------------
\1\ EPA notes that the Agency received the SIP revision on
February 2, 2018.
\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.''
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on March 28,
2019 (84 FR 11695), EPA proposed to approve the aforementioned changes
to 15 NCAC 02Q .0308 in the North Carolina SIP, which make
typographical/administrative edits to the rule. The NPRM provides
additional details regarding EPA's action. Comments on the NPRM were
due on or before April 29, 2019. EPA received no comments on the
proposed action and 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 requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference under Subchapter
2Q, Air Quality Permits of the North Carolina SIP, Section .0308,
entitled Final Action on Permit Applications, state effective January
1, 2015. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 4
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is taking final action to approve changes to the North Carolina
SIP that were provided to EPA through a letter dated January 12, 2018.
Specifically, EPA is approving 15 NCAC 02Q .0308 to modify the permit
term for non-title V combined construction and operating permits and
make other typographical/administrative edits. These rule changes are
consistent with the CAA and its implementing regulations, and will not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 7501 of the Act).
See 42 U.S.C. 7410(l).
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
[[Page 31740]]
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 September 3, 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: June 7, 2019.
Mary S. Walker,
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, the table in paragraph (c)(1) is amended under
Subchapter 2Q Air Quality Permits, Section .0300 Construction and
Operating Permits by revising the entry for ``Section .0308'' to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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Subchapter 2Q Air Quality Permits
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* * * * * * *
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Section .0300 Construction and Operating Permits
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* * * * * * *
Section .0308..................... Final Action on Permit 1/1/2015 07/3/2019, [Insert citation of ............................
Applications. publication]
* * * * * * *
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[[Page 31741]]
* * * * *
[FR Doc. 2019-14136 Filed 7-2-19; 8:45 am]
BILLING CODE 6560-50-P
