Air Plan Approval; NC: Revision to I/M Program & Update to Charlotte Maintenance Plan for the 2008 8-Hour Ozone NAAQS, 47889-47893 [2019-19574]
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Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
that before a rule may take effect, the
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copy of the rule, to each House of the
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Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 12,
2019. Filing a petition for
State
effective
date
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Definitions ....................................
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Prevention of Significant Deterioration.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0598; FRL–9999–
55—Region 4]
Air Plan Approval; NC: Revision to I/M
Program & Update to Charlotte
Maintenance Plan for the 2008 8-Hour
Ozone NAAQS
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 submitted by the North
Carolina Department of Environmental
Quality, Division of Air Quality (DAQ),
on July 25, 2018, which revises the
model year coverage for vehicles in the
22 counties subject to North Carolina’s
SUMMARY:
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EPA
effective
date
1. The authority for citation for part 52
continues to read as follows:
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Subpart QQ—South Dakota
2. In § 52.2170, paragraph (c) is
amended by revising the table entries
for ‘‘74:36:01:01’’ and ‘‘74:36:09:02’’ to
read as follows:
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§ 52.2170
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9/11/2019, [insert Federal Register citation].
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9/11/2019, [insert Federal Register citation].
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10/11/2019
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This rule will be effective
October 11, 2019.
DATES:
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expanded inspection and maintenance
(I/M) program. The SIP revision also
includes a demonstration that the
requested revision to the vehicle model
year coverage will not interfere with
attainment or maintenance of any
national ambient air quality standards
(NAAQS) or with any other applicable
requirements of the Clean Air Act (CAA
or Act). In addition, North Carolina’s
July 25, 2018, SIP revision updates the
State’s maintenance plan and associated
motor vehicle emissions budgets
(MVEBs) used in transportation
conformity for the North Carolina
portion of the Charlotte-Rock Hill, NC–
SC 2008 8-hour ozone nonattainment
area (hereafter also referred to as the
‘‘Area’’ or the ‘‘Charlotte Area’’) to
reflect the change in vehicle model year
coverage for the I/M program. EPA has
determined that North Carolina’s July
25, 2018, SIP revision will not interfere
with and is consistent with the
applicable provisions of the Clean Air
Act (CAA or Act).
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Comments
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10/15/2015
Identification of plan.
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(c) * * *
Final rule citation, date
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10/15/2015
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[FR Doc. 2019–19571 Filed 9–10–19; 8:45 am]
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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74:36:01:01 ......
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40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Rule title
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Dated: September 4, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
List of Subjects in 40 CFR Part 52
Rule No.
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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).)
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EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0598. 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,
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
ADDRESSES:
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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 and
Radiation 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:
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I. Background
In response to a North Carolina
legislative act signed by the Governor on
May 4, 2017, which changed the State’s
I/M requirements for the 22 counties
subject to the State’s expanded I/M
program,1 DAQ provided a SIP revision
through a letter dated July 25, 2018,2
seeking to have several of these changes
incorporated into the North Carolina
SIP. Primarily, North Carolina’s July 25,
2018, SIP revision makes substantive
changes to the applicability section of
North Carolina’s SIP-approved
expanded I/M program found within
15A North Carolina Administrative
Code (NCAC) 02D .1000 Motor Vehicle
Emission Control Standard.3
Specifically, the July 25, 2018, SIP
revision modifies Section .1002
Applicability, by changing, for
applicability purposes, the vehicle
model year coverage for the 22 counties
subject to the expanded I/M program
from a specific year-based timeframe for
coverage (i.e., beginning in 1996) to a
rolling 20-year timeframe for coverage.4
1 Under provisions of the State legislation,
Session Law 2017–10, Senate Bill 131, the changes
to North Carolina’s I/M requirements for the 22
counties is not effective until the later of the
following dates: October 1, 2017, or the first day of
a month that is 60 days after the Secretary of the
Department of Environmental Quality certifies that
EPA has approved the SIP revision. The 22 counties
are: Alamance, Buncombe, Cabarrus, Cumberland,
Davidson, Durham, Forsyth, Franklin, Gaston,
Guilford, Iredell, Johnston, Lee, Lincoln,
Mecklenburg, New Hanover, Onslow, Randolph,
Rockingham, Rowan, Union and Wake. See
clarification letter dated August 31, 2018, from
North Carolina in the docket for the proposed
rulemaking.
2 EPA received North Carolina’s SIP submittal on
July 31, 2018.
3 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.’’
4 By its terms, Section .1002(d) makes the 22
counties identified in North Carolina General
Statute 143–215.107A subject to the I/M program’s
emission control standards. These same 22 counites
are the counties currently subject to North
Carolina’s SIP-approved I/M program which was
expanded from 9 counties to 48 counties in 2002
(and is referred to as the ‘‘expanded’’ I/M program).
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More precisely, the revision being
approved changes the applicability of
the expanded I/M program to: (i) A
vehicle with a model year within 20
years of the current year and older than
the three most recent model years; or (ii)
a vehicle with a model year within 20
years of the current year and has 70,000
miles or more on its odometer.
Previously, the program applied to: (i) A
1996 or later model year vehicle and
older than the three most recent model
years; or (ii) a 1996 or later model year
vehicle and has 70,000 miles or more on
its odometer. It is estimated that this
change will result in a small increase
(less than one percent) in nitrogen
oxides (NOx) and volatile organic
compound (VOC) emissions.
Additionally, the July 25, 2018, SIP
revision makes formatting or other
minor clarifying changes to several
related SIP-approved I/M sections: .1001
Purpose, .1003 Definitions, and .1005
On-Board Diagnostic Standards.5
In addition, North Carolina’s SIP
revision evaluates the impact that the
change to the vehicle model year
coverage for the 22 counties would have
on the State’s ability to attain and
maintain the NAAQS. The SIP revision
contains a technical demonstration with
revised emissions calculations showing
that the change to Section .1002 for
vehicle model year coverage for the
expanded I/M program in the 22
counties will not interfere with North
Carolina’s attainment or maintenance of
any NAAQS or with any other
applicable requirement of the CAA.
Based on this demonstration, EPA is
taking final action to find that North
Carolina’s revised emissions
calculations demonstrate that the
change to the expanded I/M program for
the 22 counties meets the requirements
of CAA section 110(l) and will not
interfere with State’s ability to attain or
maintain any NAAQS. In addition, EPA
is taking final action to find that North
Carolina’s July 25, 2018, SIP revision to
change the vehicle model year coverage
for the 22 counties subject to the
expanded I/M program contained in its
SIP (which results in a small increase in
See 83 FR 48383 (September 25, 2018) (removing
26 of the 48 counties from North Carolina’s SIPapproved expanded I/M program and leaving the 22
counties identified in footnote 1 above as
remaining). In addition, changes to Section .1002
also include language making the effective date of
the change to the vehicle model year coverage
correspond to the effective date set out in North
Carolina Session Law 2017–10 referred to in
footnote 1 above (i.e., on the first day of the month
that is 60 days after EPA approves the change into
the SIP).
5 As noted in the notice of proposed rulemaking,
North Carolina did not request EPA to act—and
EPA is not acting—on sections .1006 and .1008.
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NOx emissions and consequentially a
small decrease in the amount of
emissions reduction credits generated
and available for use in the State’s NOX
emissions budget) will not interfere
with the State’s obligations under the
NOx SIP Call to meet its Statewide NOX
emissions budget. With regard to the
related expanded I/M program
provisions at Sections .1001, .1002, and
.1003, EPA is taking final action to
approve the changes to those Sections,
which are formatting or clarifying in
nature, do not alter the meaning of the
Sections, and are thus approvable.
Finally, for 7 of the 22 counties in
North Carolina’s expanded I/M program,
I/M emissions from those counties have
been relied on by North Carolina for
maintenance of the ozone NAAQS for
the Charlotte Area, and the MVEBs with
respect to the Area for transportation
conformity purposes. Through the July
25, 2018, SIP revision (the subject of
this rulemaking), North Carolina
provided a maintenance demonstration
for the Area that takes into account the
small increase in NOX and VOC
emissions estimated to result from the
change to the vehicle model year
coverage for the expanded I/M program
for these counties. EPA is taking final
action to approve the updated emissions
for the 2008 8-hour ozone maintenance
plan for the North Carolina portion of
the Charlotte Area because it
demonstrates that the projected
emissions inventories for 2026 (the final
year of the maintenance plan), 10 years
beyond the re-designation year, as well
as the interim years, are all less than the
base year emissions inventory. Further,
EPA is approving the updated sub-area
MVEBs for the Charlotte Area because
EPA has determined that the Area
maintains the 2008 8-hour ozone
NAAQS with the emissions at the levels
of the budgets, and that the budgets
meet the adequacy criteria (see 40 CFR
93.118(e)(4)) because they are consistent
with maintenance of the 2008 8-hour
ozone NAAQS through 2026.6
In a notice of proposed rulemaking
(NPRM) published on May 20, 2019 (84
FR 22774), EPA proposed approval of
the North Carolina July 25, 2018, SIP
revision to amend the I/M program for
North Carolina, in addition to other
associated changes as described above
and in the NPRM. The details of North
Carolina’s submission and the rationale
for EPA’s actions are explained in the
NPRM. EPA received one significant,
adverse comment on the proposed
6 Once the sub-area MVEBs for the North Carolina
portion of the Charlotte Area are approved or found
adequate (whichever is completed first), they must
be used for future conformity determinations.
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action during the comment period for
this action and offers a response below.
II. Response to Comments
Comment: The Commenter claims
EPA must disapprove the changes to
North Carolina I/M SIP because the
Commenter explains that North Carolina
failed to do performance standard
modeling as the Commenter asserts is
required by EPA’s February 2014
guidance document titled ‘‘Performance
Standard Modeling for New and
Existing Vehicle Inspection and
Maintenance (I/M) Programs Using the
MOVES Mobile Source Emissions
Model’’ (hereafter referred to as the
February 2014 Guidance Document),
available in the docket for this action. In
the Commenter’s opinion EPA must
require states to do performance
standard modeling when states revise
their I/M programs to ensure the
programs meet EPA’s baseline
requirements contained in 40 CFR part
51.
Response: The February 2014
Guidance Document provides
clarification of 40 CFR part 51, subpart
S, regarding how to quantify I/M
emission reductions for planning
purposes using the MOVES generation
of mobile source emission factor
models. The February 2014 Guidance
Document clarifies that maintenance
areas do not need to include I/M
performance standard modeling as part
of an I/M SIP revision. Specifically, the
February 2014 Guidance Document
includes the following question and
response: ‘‘4.0 Can an I/M Program be
Changed Without Doing Performance
Standard Modeling? States can change
their I/M programs without doing
performance standard modeling if the I/
M program area in question has been
redesignated to attainment for the
pollutant(s) that originally triggered the
I/M requirement and the I/M program is
being continued as part of the area’s
maintenance plan. In this case, the state
must simply demonstrate that the
revisions to the I/M program will not
interfere with the area’s ability to attain
or maintain any NAAQS, or with any
other applicable CAA requirement.’’ As
discussed in the May 20, 2019 (84 FR
22774) NPRM, North Carolina’s I/M
program for nine counties was required
due to nonattainment areas for the 1979
1-hour ozone NAAQS,7 and North
Carolina is currently in attainment
statewide for all the ozone NAAQS.8 As
7 See
60 FR 28720 (June 2, 1995).
Charlotte Area was redesignated to
attainment for the 1-hour ozone standard on July 5,
1995 (60 FR 34859); redesignated to attainment for
the 1997 8-hour ozone standard on December 2,
2013 (78 FR 72036); and was designated to
8 The
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further discussed in the NPRM, the
program was expanded to additional
counties related to the NOX SIP Call,
however the State was not required to
adopt the I/M requirements for the NOX
SIP Call. Therefore, the option to change
the I/M program without performance
standard modeling under 40 CFR part
51, subpart S, was available to North
Carolina if the State could demonstrate
continued attainment. North Carolina
provided a non-interference section
110(l) demonstration, as well as an
update for modeling for the Charlotte
Area maintenance plan including
MVEBs that demonstrate the Area will
continue to maintain the standard for
the duration of the plan. In addition,
EPA analyzed the effects on the NOX
SIP call and found that the change will
not interfere with the State’s obligations
under the NOX SIP Call. A detailed
analysis of this modeling and
demonstration of continued attainment
is provided in the May 20, 2019 (84 FR
22774) NPRM.
III. 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, Section
.1001 Purpose, Section .1002
Applicability, Section .1003 Definitions,
and Section .1005 On-Board Diagnostic
Standards, effective July 1, 2018, which
makes changes that are formatting or
clarifying in nature and modify the
vehicle model year coverage
requirements for the 22 counties in
attainment for the 2008 8-hour ozone standard on
July 28, 2015 (80 FR 44873). In addition, on
December 26, 2007, EPA approved the
Redesignation to attainment of the Raleigh-DurhamChapel Hill Area (comprised of a portion of
Chatham County, and the entire counties of
Durham, Franklin, Granville, Johnston, Orange,
Person, and Wake) for the 1997 8-hour ozone
standard. See 72 FR 72948. This approval included
approval of a 10-year maintenance plan which
demonstrated that the Area would maintain the
standard through the year 2017. The RaleighDurham-Chapel Hill Area has continued to
maintain the 1997 8-hour ozone standard and
subsequently was designated as unclassifiable/
attainment for the 2008 8-hour ozone standard on
May 21, 2012 (77 FR 30088. Further, counties in the
Raleigh Area and Greensboro Area were
redesignated to attainment for the 1-hour ozone
standard on April 18, 1994 (59 FR 18300) and on
September 9, 1993 (58 FR 47391), respectively.
With regard to the 1997 8-hour ozone standard, the
Great Smoky National Park Area was redesignated
to attainment on December 7, 2009 (74 FR 63995),
and the Rocky Mount Area was redesignated to
attainment on November 6, 2006 (71 FR 64891).
Recently, on November 6, 2017 (82 FR 54232), EPA
designated the entire state of North Carolina
attainment/unclassifiable for the 2015 8-hour ozone
NAAQS.
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North Carolina’s expanded I/M program.
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or 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.9
IV. Final Action
EPA is taking final action to approve
North Carolina’s July 25, 2018, SIP
revision. Specifically, EPA is approving
the formatting and clarifying changes to
Subchapter 2D, Sections .1001, .1003
and .1005. EPA is also finalizing
approval of changes to Section .1002
relating to the vehicle model year
coverage for the 22 counties in North
Carolina’s expanded I/M program
(Alamance, Buncombe, Cabarrus,
Cumberland, Davidson, Durham,
Forsyth, Franklin, Gaston, Guilford,
Iredell, Johnston, Lee, Lincoln,
Mecklenburg, New Hanover, Onslow,
Randolph, Rockingham, Rowan, Union
and Wake). Additionally, EPA finds that
the changes to the vehicle model year
coverage for the 22 counties in North
Carolina’s expanded I/M program will
not interfere with the State’s obligations
under the NOx SIP Call to meet its
Statewide NOx emissions budget and
will not interfere with continued
attainment or maintenance of any
applicable NAAQS or with any other
applicable requirement of the CAA, and
that North Carolina has satisfied the
requirements of section 110(l) of the
CAA. Finally, EPA is approving the
updated emissions for the 2008 8-hour
ozone maintenance plan, including the
updated MVEBs, for the Charlotte Area.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
if they meet the criteria of the CAA.
These actions merely approve state law
as meeting Federal requirements and do
9 See
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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 information
collection burdens under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having
significant economic impacts on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandates 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
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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, these rules do not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will they 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 these actions 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. These actions are not
‘‘major rules’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of these
actions must be filed in the United
States Court of Appeals for the
appropriate circuit by November 12,
2019. Filing a petition for
reconsideration by the Administrator of
these final rules does not affect the
finality of these actions 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
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or action. These actions may not be
challenged later in proceedings to
enforce their 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 dioxide, Volatile
organic compounds.
Dated: August 28, 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. Section 52.1770 is amended:
a. In paragraph (c), in Table (1), under
‘‘Subchapter 2D Air Pollution Control’’
by revising the heading for ‘‘Section
.1000’’ and the entries for ‘‘Section
.1001’’, ‘‘Section 1002’’, ‘‘Section
.1003’’, and ‘‘Section .1005’’; and
■ b. In paragraph (e), by adding an entry
for ‘‘2008 8-hour Ozone Maintenance
Plan for the North Carolina portion of
the bi-state Charlotte Area’’ at the end
of the table.
The revisions read as follows:
■
■
§ 52.1770
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Identification of plan.
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(1) EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
Title/subject
State effective date
EPA approval date
Explanation
Subchapter 2D Air Pollution Control Requirements
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Section .1000 Motor Vehicle Emission Control Standard
Section .1001 ..............
Purpose ........................................
7/1/2018
Section .1002 ..............
Applicability ..................................
7/1/2018
Section .1003 ..............
Definitions ....................................
7/1/2018
Section .1005 ..............
On-Board Diagnostic Standards ..
7/1/2018
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*
*
9/11/2019,
lication].
9/11/2019,
lication].
9/11/2019,
lication].
9/11/2019,
lication].
*
[Insert citation of pub[Insert citation of pub[Insert citation of pub[Insert citation of pub-
*
*
*
(e) * * *
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
Provision
State effective date
*
*
2008 8-hour ozone Maintenance Plan
for the North Carolina portion of the
bi-state Charlotte Area.
*
7/25/2018
[FR Doc. 2019–19574 Filed 9–10–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0180; FRL–9999–
15—Region 8]
Approval and Promulgation of
Implementation Plans; Utah; Interstate
Transport Requirements for Nitrogen
Dioxide, Sulfur Dioxide, and Fine
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving five State
Implementation Plan (SIP) submissions
from the State of Utah regarding certain
interstate transport requirements of the
Clean Air Act (CAA or ‘‘Act’’). These
submissions respond to the EPA’s
promulgation of the 2010 nitrogen
dioxide (NO2) national ambient air
quality standards (NAAQS), the 2010
sulfur dioxide (SO2) NAAQS, and the
2012 fine particulate matter (PM2.5)
NAAQS. The submissions address the
requirement that each SIP contain
jspears on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:37 Sep 10, 2019
Jkt 247001
EPA approval date
*
9/11/2019
Federal Register citation
*
*
[Insert citation of publication].
adequate provisions prohibiting air
emissions that will significantly
contribute to nonattainment or interfere
with maintenance of these NAAQS in
any other state. The EPA is taking this
action pursuant to section 110 of the
Clean Air Act (CAA).
DATES: This rule is effective on October
11, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0180. 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,
e.g., CBI 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129, (303)
312–7104, clark.adam@epa.gov.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
Explanation
*
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our June 20, 2019
proposed rulemaking (84 FR 28776). In
that document we proposed to approve
the CAA section 110(a)(2)(D)(i)(I)
portion of Utah’s January 31, 2013, June
2, 2013, December 22, 2015 and two
May 8, 2018 infrastructure submissions
based on our determination that
emissions from Utah will not
significantly contribute to
nonattainment, or interfere with
maintenance, of the 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS in any
other state.
We received one anonymous
comment letter on our proposal. Our
responses to this comment letter are
provided below.
II. Response to Comments
Comment: The commenter stated that
the EPA should review all sources of
SO2 in Utah located within 50 km of
another state’s border, rather than focus
our analysis on sources in this area
emitting greater than 100 tons per year
(tpy) of SO2. The commenter stated that
‘‘the EPA does not appear to support the
E:\FR\FM\11SER1.SGM
11SER1
]]>Agencies
[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47889-47893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19574]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0598; FRL-9999-55--Region 4]
Air Plan Approval; NC: Revision to I/M Program & Update to
Charlotte Maintenance Plan for the 2008 8-Hour Ozone NAAQS
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 July 25, 2018, which revises the model year
coverage for vehicles in the 22 counties subject to North Carolina's
expanded inspection and maintenance (I/M) program. The SIP revision
also includes a demonstration that the requested revision to the
vehicle model year coverage will not interfere with attainment or
maintenance of any national ambient air quality standards (NAAQS) or
with any other applicable requirements of the Clean Air Act (CAA or
Act). In addition, North Carolina's July 25, 2018, SIP revision updates
the State's maintenance plan and associated motor vehicle emissions
budgets (MVEBs) used in transportation conformity for the North
Carolina portion of the Charlotte-Rock Hill, NC-SC 2008 8-hour ozone
nonattainment area (hereafter also referred to as the ``Area'' or the
``Charlotte Area'') to reflect the change in vehicle model year
coverage for the I/M program. EPA has determined that North Carolina's
July 25, 2018, SIP revision will not interfere with and is consistent
with the applicable provisions of the Clean Air Act (CAA or Act).
DATES: This rule will be effective October 11, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0598. 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, 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
[[Page 47890]]
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 and
Radiation 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
In response to a North Carolina legislative act signed by the
Governor on May 4, 2017, which changed the State's I/M requirements for
the 22 counties subject to the State's expanded I/M program,\1\ DAQ
provided a SIP revision through a letter dated July 25, 2018,\2\
seeking to have several of these changes incorporated into the North
Carolina SIP. Primarily, North Carolina's July 25, 2018, SIP revision
makes substantive changes to the applicability section of North
Carolina's SIP-approved expanded I/M program found within 15A North
Carolina Administrative Code (NCAC) 02D .1000 Motor Vehicle Emission
Control Standard.\3\ Specifically, the July 25, 2018, SIP revision
modifies Section .1002 Applicability, by changing, for applicability
purposes, the vehicle model year coverage for the 22 counties subject
to the expanded I/M program from a specific year-based timeframe for
coverage (i.e., beginning in 1996) to a rolling 20-year timeframe for
coverage.\4\ More precisely, the revision being approved changes the
applicability of the expanded I/M program to: (i) A vehicle with a
model year within 20 years of the current year and older than the three
most recent model years; or (ii) a vehicle with a model year within 20
years of the current year and has 70,000 miles or more on its odometer.
Previously, the program applied to: (i) A 1996 or later model year
vehicle and older than the three most recent model years; or (ii) a
1996 or later model year vehicle and has 70,000 miles or more on its
odometer. It is estimated that this change will result in a small
increase (less than one percent) in nitrogen oxides (NOx) and volatile
organic compound (VOC) emissions. Additionally, the July 25, 2018, SIP
revision makes formatting or other minor clarifying changes to several
related SIP-approved I/M sections: .1001 Purpose, .1003 Definitions,
and .1005 On-Board Diagnostic Standards.\5\
---------------------------------------------------------------------------
\1\ Under provisions of the State legislation, Session Law 2017-
10, Senate Bill 131, the changes to North Carolina's I/M
requirements for the 22 counties is not effective until the later of
the following dates: October 1, 2017, or the first day of a month
that is 60 days after the Secretary of the Department of
Environmental Quality certifies that EPA has approved the SIP
revision. The 22 counties are: Alamance, Buncombe, Cabarrus,
Cumberland, Davidson, Durham, Forsyth, Franklin, Gaston, Guilford,
Iredell, Johnston, Lee, Lincoln, Mecklenburg, New Hanover, Onslow,
Randolph, Rockingham, Rowan, Union and Wake. See clarification
letter dated August 31, 2018, from North Carolina in the docket for
the proposed rulemaking.
\2\ EPA received North Carolina's SIP submittal on July 31,
2018.
\3\ 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.''
\4\ By its terms, Section .1002(d) makes the 22 counties
identified in North Carolina General Statute 143-215.107A subject to
the I/M program's emission control standards. These same 22 counites
are the counties currently subject to North Carolina's SIP-approved
I/M program which was expanded from 9 counties to 48 counties in
2002 (and is referred to as the ``expanded'' I/M program). See 83 FR
48383 (September 25, 2018) (removing 26 of the 48 counties from
North Carolina's SIP-approved expanded I/M program and leaving the
22 counties identified in footnote 1 above as remaining). In
addition, changes to Section .1002 also include language making the
effective date of the change to the vehicle model year coverage
correspond to the effective date set out in North Carolina Session
Law 2017-10 referred to in footnote 1 above (i.e., on the first day
of the month that is 60 days after EPA approves the change into the
SIP).
\5\ As noted in the notice of proposed rulemaking, North
Carolina did not request EPA to act--and EPA is not acting--on
sections .1006 and .1008.
---------------------------------------------------------------------------
In addition, North Carolina's SIP revision evaluates the impact
that the change to the vehicle model year coverage for the 22 counties
would have on the State's ability to attain and maintain the NAAQS. The
SIP revision contains a technical demonstration with revised emissions
calculations showing that the change to Section .1002 for vehicle model
year coverage for the expanded I/M program in the 22 counties will not
interfere with North Carolina's attainment or maintenance of any NAAQS
or with any other applicable requirement of the CAA. Based on this
demonstration, EPA is taking final action to find that North Carolina's
revised emissions calculations demonstrate that the change to the
expanded I/M program for the 22 counties meets the requirements of CAA
section 110(l) and will not interfere with State's ability to attain or
maintain any NAAQS. In addition, EPA is taking final action to find
that North Carolina's July 25, 2018, SIP revision to change the vehicle
model year coverage for the 22 counties subject to the expanded I/M
program contained in its SIP (which results in a small increase in NOx
emissions and consequentially a small decrease in the amount of
emissions reduction credits generated and available for use in the
State's NOX emissions budget) will not interfere with the
State's obligations under the NOx SIP Call to meet its Statewide
NOX emissions budget. With regard to the related expanded I/
M program provisions at Sections .1001, .1002, and .1003, EPA is taking
final action to approve the changes to those Sections, which are
formatting or clarifying in nature, do not alter the meaning of the
Sections, and are thus approvable.
Finally, for 7 of the 22 counties in North Carolina's expanded I/M
program, I/M emissions from those counties have been relied on by North
Carolina for maintenance of the ozone NAAQS for the Charlotte Area, and
the MVEBs with respect to the Area for transportation conformity
purposes. Through the July 25, 2018, SIP revision (the subject of this
rulemaking), North Carolina provided a maintenance demonstration for
the Area that takes into account the small increase in NOX
and VOC emissions estimated to result from the change to the vehicle
model year coverage for the expanded I/M program for these counties.
EPA is taking final action to approve the updated emissions for the
2008 8-hour ozone maintenance plan for the North Carolina portion of
the Charlotte Area because it demonstrates that the projected emissions
inventories for 2026 (the final year of the maintenance plan), 10 years
beyond the re-designation year, as well as the interim years, are all
less than the base year emissions inventory. Further, EPA is approving
the updated sub-area MVEBs for the Charlotte Area because EPA has
determined that the Area maintains the 2008 8-hour ozone NAAQS with the
emissions at the levels of the budgets, and that the budgets meet the
adequacy criteria (see 40 CFR 93.118(e)(4)) because they are consistent
with maintenance of the 2008 8-hour ozone NAAQS through 2026.\6\
---------------------------------------------------------------------------
\6\ Once the sub-area MVEBs for the North Carolina portion of
the Charlotte Area are approved or found adequate (whichever is
completed first), they must be used for future conformity
determinations.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on May 20, 2019
(84 FR 22774), EPA proposed approval of the North Carolina July 25,
2018, SIP revision to amend the I/M program for North Carolina, in
addition to other associated changes as described above and in the
NPRM. The details of North Carolina's submission and the rationale for
EPA's actions are explained in the NPRM. EPA received one significant,
adverse comment on the proposed
[[Page 47891]]
action during the comment period for this action and offers a response
below.
II. Response to Comments
Comment: The Commenter claims EPA must disapprove the changes to
North Carolina I/M SIP because the Commenter explains that North
Carolina failed to do performance standard modeling as the Commenter
asserts is required by EPA's February 2014 guidance document titled
``Performance Standard Modeling for New and Existing Vehicle Inspection
and Maintenance (I/M) Programs Using the MOVES Mobile Source Emissions
Model'' (hereafter referred to as the February 2014 Guidance Document),
available in the docket for this action. In the Commenter's opinion EPA
must require states to do performance standard modeling when states
revise their I/M programs to ensure the programs meet EPA's baseline
requirements contained in 40 CFR part 51.
Response: The February 2014 Guidance Document provides
clarification of 40 CFR part 51, subpart S, regarding how to quantify
I/M emission reductions for planning purposes using the MOVES
generation of mobile source emission factor models. The February 2014
Guidance Document clarifies that maintenance areas do not need to
include I/M performance standard modeling as part of an I/M SIP
revision. Specifically, the February 2014 Guidance Document includes
the following question and response: ``4.0 Can an I/M Program be
Changed Without Doing Performance Standard Modeling? States can change
their I/M programs without doing performance standard modeling if the
I/M program area in question has been redesignated to attainment for
the pollutant(s) that originally triggered the I/M requirement and the
I/M program is being continued as part of the area's maintenance plan.
In this case, the state must simply demonstrate that the revisions to
the I/M program will not interfere with the area's ability to attain or
maintain any NAAQS, or with any other applicable CAA requirement.'' As
discussed in the May 20, 2019 (84 FR 22774) NPRM, North Carolina's I/M
program for nine counties was required due to nonattainment areas for
the 1979 1-hour ozone NAAQS,\7\ and North Carolina is currently in
attainment statewide for all the ozone NAAQS.\8\ As further discussed
in the NPRM, the program was expanded to additional counties related to
the NOX SIP Call, however the State was not required to
adopt the I/M requirements for the NOX SIP Call. Therefore,
the option to change the I/M program without performance standard
modeling under 40 CFR part 51, subpart S, was available to North
Carolina if the State could demonstrate continued attainment. North
Carolina provided a non-interference section 110(l) demonstration, as
well as an update for modeling for the Charlotte Area maintenance plan
including MVEBs that demonstrate the Area will continue to maintain the
standard for the duration of the plan. In addition, EPA analyzed the
effects on the NOX SIP call and found that the change will
not interfere with the State's obligations under the NOX SIP
Call. A detailed analysis of this modeling and demonstration of
continued attainment is provided in the May 20, 2019 (84 FR 22774)
NPRM.
---------------------------------------------------------------------------
\7\ See 60 FR 28720 (June 2, 1995).
\8\ The Charlotte Area was redesignated to attainment for the 1-
hour ozone standard on July 5, 1995 (60 FR 34859); redesignated to
attainment for the 1997 8-hour ozone standard on December 2, 2013
(78 FR 72036); and was designated to attainment for the 2008 8-hour
ozone standard on July 28, 2015 (80 FR 44873). In addition, on
December 26, 2007, EPA approved the Redesignation to attainment of
the Raleigh-Durham-Chapel Hill Area (comprised of a portion of
Chatham County, and the entire counties of Durham, Franklin,
Granville, Johnston, Orange, Person, and Wake) for the 1997 8-hour
ozone standard. See 72 FR 72948. This approval included approval of
a 10-year maintenance plan which demonstrated that the Area would
maintain the standard through the year 2017. The Raleigh-Durham-
Chapel Hill Area has continued to maintain the 1997 8-hour ozone
standard and subsequently was designated as unclassifiable/
attainment for the 2008 8-hour ozone standard on May 21, 2012 (77 FR
30088. Further, counties in the Raleigh Area and Greensboro Area
were redesignated to attainment for the 1-hour ozone standard on
April 18, 1994 (59 FR 18300) and on September 9, 1993 (58 FR 47391),
respectively. With regard to the 1997 8-hour ozone standard, the
Great Smoky National Park Area was redesignated to attainment on
December 7, 2009 (74 FR 63995), and the Rocky Mount Area was
redesignated to attainment on November 6, 2006 (71 FR 64891).
Recently, on November 6, 2017 (82 FR 54232), EPA designated the
entire state of North Carolina attainment/unclassifiable for the
2015 8-hour ozone NAAQS.
---------------------------------------------------------------------------
III. 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, Section .1001 Purpose, Section .1002 Applicability,
Section .1003 Definitions, and Section .1005 On-Board Diagnostic
Standards, effective July 1, 2018, which makes changes that are
formatting or clarifying in nature and modify the vehicle model year
coverage requirements for the 22 counties in North Carolina's expanded
I/M program. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and/or 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.\9\
---------------------------------------------------------------------------
\9\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
EPA is taking final action to approve North Carolina's July 25,
2018, SIP revision. Specifically, EPA is approving the formatting and
clarifying changes to Subchapter 2D, Sections .1001, .1003 and .1005.
EPA is also finalizing approval of changes to Section .1002 relating to
the vehicle model year coverage for the 22 counties in North Carolina's
expanded I/M program (Alamance, Buncombe, Cabarrus, Cumberland,
Davidson, Durham, Forsyth, Franklin, Gaston, Guilford, Iredell,
Johnston, Lee, Lincoln, Mecklenburg, New Hanover, Onslow, Randolph,
Rockingham, Rowan, Union and Wake). Additionally, EPA finds that the
changes to the vehicle model year coverage for the 22 counties in North
Carolina's expanded I/M program will not interfere with the State's
obligations under the NOx SIP Call to meet its Statewide NOx emissions
budget and will not interfere with continued attainment or maintenance
of any applicable NAAQS or with any other applicable requirement of the
CAA, and that North Carolina has satisfied the requirements of section
110(l) of the CAA. Finally, EPA is approving the updated emissions for
the 2008 8-hour ozone maintenance plan, including the updated MVEBs,
for the Charlotte Area.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices, if
they meet the criteria of the CAA. These actions merely approve state
law as meeting Federal requirements and do
[[Page 47892]]
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 information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having significant economic impacts
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandates 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, these rules
do not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will they 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 these actions 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. These actions are not ``major rules'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by November 12, 2019. Filing a petition for
reconsideration by the Administrator of these final rules does not
affect the finality of these actions 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. These actions may not be challenged later in
proceedings to enforce their 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 dioxide, Volatile organic compounds.
Dated: August 28, 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. Section 52.1770 is amended:
0
a. In paragraph (c), in Table (1), under ``Subchapter 2D Air Pollution
Control'' by revising the heading for ``Section .1000'' and the entries
for ``Section .1001'', ``Section 1002'', ``Section .1003'', and
``Section .1005''; and
0
b. In paragraph (e), by adding an entry for ``2008 8-hour Ozone
Maintenance Plan for the North Carolina portion of the bi-state
Charlotte Area'' at the end of the table.
The revisions read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
[[Page 47893]]
(1) EPA Approved North Carolina Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section .1000 Motor Vehicle Emission Control Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section .1001...................... Purpose............... 7/1/2018 9/11/2019, [Insert ................................
citation of
publication].
Section .1002...................... Applicability......... 7/1/2018 9/11/2019, [Insert ................................
citation of
publication].
Section .1003...................... Definitions........... 7/1/2018 9/11/2019, [Insert ................................
citation of
publication].
Section .1005...................... On-Board Diagnostic 7/1/2018 9/11/2019, [Insert ................................
Standards. citation of
publication].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal Register
Provision State effective date EPA approval date citation Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 8-hour ozone Maintenance 7/25/2018 9/11/2019 [Insert citation of
Plan for the North Carolina publication].
portion of the bi-state
Charlotte Area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-19574 Filed 9-10-19; 8:45 am]
BILLING CODE 6560-50-P
