Air Plan Approval; North Carolina: Amendments of Air Quality Rules, 51416-51418 [2019-20676]
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<![CDATA[
51416
Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9222. Ms. Sheckler can also
be reached via electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0153; FRL–10000–
26–Region 4]
I. Background
Air Plan Approval; North Carolina:
Amendments of Air Quality Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the North Carolina
Department of Environmental Quality,
Division of Air Quality (DAQ), through
a letter dated March 21, 2018,
readopting and amending air quality
rules related to transportation
conformity requirements in the state of
North Carolina. EPA has determined
that North Carolina’s March 21, 2018,
SIP revision is consistent with the
federal transportation conformity
requirements and the Clean Air Act
(CAA or Act).
DATES: This rule is effective October 30,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0153. 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
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
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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EPA is approving a SIP revision
submitted by DAQ, through a letter
dated March 21, 2018, seeking to
readopt and amend the air quality rules
pertaining to transportation conformity
in the North Carolina SIP.1 North
Carolina’s SIP submission revises the
following North Carolina regulations in
15A NCAC 2D Section .2000: Section
.2001 Purpose, Scope and Applicability,
Section .2002 Definitions, Section .2003
Transportation Conformity
Determination, and Section .2005
Memorandum of Agreement.2 The
changes submitted by North Carolina
include updates to applicability and
definitions, updates to references,
clarifications regarding written
commitments to implement control
measures, and non-substantive wording,
punctuation and formatting changes.
EPA is approving the changes to rules
.2001, .2002, .2003,3 and .2005 because
the changes do not alter transportation
conformity requirements in North
Carolina for any applicable area, nor do
these changes conflict with the federal
requirements for transportation
conformity. Thus, the changes are
consistent with the federal
transportation conformity requirements
and the CAA.
EPA proposed approval of the North
Carolina March 21, 2018, SIP revision to
amend the transportation conformity
related state regulations, as mentioned
above, on July 8, 2019 (84 FR 32359).
The details of North Carolina’s
submission and the rationale for EPA’s
actions are explained in the proposed
rulemaking. Comments were due on
August 7, 2019, and EPA did not receive
any comments on the proposed action.
1 EPA received the official electronic version of
the submittal on April 4, 2018. EPA has already
taken action on the other North Carolina changes
submitted through the cover letter dated March 21,
2018, in a separate action. See 84 FR 14308.
2 The table at 40 CFR 52.1770(c), identifying the
North Carolina regulations approved into the SIP,
labels each rule as a ‘‘Sect.’’ (i.e., Section) under the
column titled ‘‘State citation.’’ For consistency with
the nomenclature used in the table, this notice uses
the term ‘‘Section’’ when referring to individual
North Carolina rules.
3 With respect to Section .2003, EPA notes that it
is approving a cross-reference to the entirety of 40
CFR 93.104 into North Carolina’s SIP. Accordingly,
EPA is removing the regulatory text in 40 CFR
52.1770(c)(1) that previously stated ‘‘Except for the
incorporation by reference of 40 CFR 93.104(e) of
the Transportation Conformity Rule.’’
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
EPA is now taking final action to
approve the above-referenced revisions.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is finalizing the
incorporation by reference of the
following air quality rules under
Subchapter 2D of North Carolina’s SIP:
Section .2001 Purpose, Scope and
Applicability, Section .2002 Definitions,
Section .2003 Transportation
Conformity Determination, and Section
.2005 Memorandum of Agreement
effective January 1, 2018, which amend
the State’s transportation conformity
requirements. 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
SIP, 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
North Carolina’s March 21, 2018, SIP
revision, which amends and readopts
the following rules in Subchapter 2D,
Air Pollution Control Requirements:
Section .2001 Purpose, Scope and
Applicability, Section .2002 Definitions,
Section .2003 Transportation
Conformity Determination, and Section
.2005 Memorandum of Agreement. EPA
is taking final action to approve these
revisions into the State of North
Carolina’s SIP because they are
consistent with the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
if they meet the criteria of the CAA.
This action merely approves state law as
4 See
E:\FR\FM\30SER1.SGM
62 FR 27968 (May 22, 1997).
30SER1
51417
Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Does not contain 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);
• Is not subject to Executive Order
13771 (82 FR 9339, February 2, 2017)
regulatory actions 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 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);
• Does not contain economically
significant regulatory actions based on
health or safety risks subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997);
• Does not contain significant
regulatory actions 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 November 29, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Carbon
monoxide, Sulfur dioxide, Particulate
matter, Lead, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 11, 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 (1) in
paragraph (c) is amended under
‘‘Subchapter 2D Air Pollution Control
Requirements’’, ‘‘Section .2000
Transportation Conformity’’ by revising
the entries for ‘‘Section .2001’’, ‘‘Section
.2002’’, ‘‘Section .2003’’, and ‘‘Section
.2005’’ to read as follows.
■
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(1) EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
State
effective
date
Title/subject
Subchapter 2D
*
*
*
*
khammond on DSKJM1Z7X2PROD with RULES
Section .2001 ....
Section .2002 ....
Section .2003 ....
Purpose, Scope and Applicability
Definitions ......................................
Transportation Conformity Determination.
*
Section .2005 ....
*
*
Memorandum of Agreement .........
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*
16:27 Sep 27, 2019
*
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*
*
*
*
*
9/30/2019 [Insert citation of publication].
*
Transportation Conformity
1/1/2018
1/1/2018
1/1/2018
9/30/2019 [Insert citation of publication].
9/30/2019 [Insert citation of publication].
9/30/2019 [Insert citation of publication].
*
1/1/2018
*
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Explanation
Air Pollution Control Requirements
Section .2000
*
EPA approval date
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*
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51418
*
*
Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
*
*
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7164;
email address bredehoft.deborah@
epa.gov.
*
[FR Doc. 2019–20676 Filed 9–27–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
40 CFR Parts 52 and 70
[EPA–R07–OAR–2019–0325; FRL 10000–14–
Region 7]
Approval of Air Quality Improvement
Plan, Operating Permits Program, and
112(l) Plan; Missouri; Operating
Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
khammond on DSKJM1Z7X2PROD with RULES
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16:27 Sep 27, 2019
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I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision and Operating Permits
Program been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the State
Implementation Plan (SIP), the
Operating Permit Program (OPP), and
the 112(l) plan submitted on March 7,
2019, by the State of Missouri. The
submission revises Missouri’s
regulations relating to the requirement
for sources of air contaminants to obtain
operating permits and to establish
procedures for sources of air
contaminants to obtain and comply with
operating permits. These revisions are
primarily administrative in nature and
do not impact the stringency of the SIP,
the OPP, or the 112(l) plan. Specifically,
the revisions correct references, change
the term ‘‘regulated pollutant’’ to
‘‘regulated air pollutant’’, removes
unnecessary words, and add definitions.
Approval of these revisions will not
impact air quality and ensures Federal
enforceability of the State’s rules.
DATES: This final rule is effective on
October 30, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0325. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., 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 information.
FOR FURTHER INFORMATION CONTACT:
Deborah Bredehoft, Environmental
Protection Agency, Region 7 Office, Air
SUMMARY:
Table of Contents
On June 26, 2019, the EPA proposed
to approve revisions to the Missouri SIP
and Operating Permits Program and
112(l) plan in the Federal Register. See
84 FR 30068. The proposed revisions
correct references, change the term
‘‘regulated pollutant’’ to ‘‘regulated air
pollutant’’, removes unnecessary words,
and add definitions. The EPA solicited
comments on the proposed revisions to
Missouri’s SIP and Operating Permits
Program, and 112(l) plan, and received
no comments.
II. What is being addressed in this
document?
The EPA is approving a revision to
Missouri’s SIP by approving the State’s
request to revise 10 CSR 10–6.065,
Operating Permits received March 7,
2019. Missouri revised 10 CSR 10–6.065
to correct references and add
definitions.
A detailed discussion of the revision
to Missouri’s SIP and Operating Permits
Program was provided in the EPA’s June
26, 2019, Federal Register document.
See 84 FR 30068.
III. Have the requirements for approval
of a SIP revision and Operating Permits
Program been met?
The State submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
public notice on this SIP revision from
August 24, 2018, to October 4, 2018, and
received seven total comments with
three of those from the EPA. The State
adequately addressed the public
comments.
IV. What action is the EPA taking?
We are taking final action to approve
the revisions to Missouri’s SIP and
Operating Permits Program by
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Fmt 4700
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approving the State’s request to amend
10 CSR 10–6.065, ‘‘Operating Permits.’’
V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Missouri Regulations described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 7 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 the 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 the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.1
VI. 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.
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. Accordingly, 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.);
1 62
E:\FR\FM\30SER1.SGM
FR 27968 (May 22, 1997).
30SER1
]]>Agencies
[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51416-51418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20676]
[[Page 51416]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0153; FRL-10000-26-Region 4]
Air Plan Approval; North Carolina: Amendments of Air Quality
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the North Carolina
Department of Environmental Quality, Division of Air Quality (DAQ),
through a letter dated March 21, 2018, readopting and amending air
quality rules related to transportation conformity requirements in the
state of North Carolina. EPA has determined that North Carolina's March
21, 2018, SIP revision is consistent with the federal transportation
conformity requirements and the Clean Air Act (CAA or Act).
DATES: This rule is effective October 30, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0153. 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
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) 562-9222. Ms. Sheckler can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving a SIP revision submitted by DAQ, through a letter
dated March 21, 2018, seeking to readopt and amend the air quality
rules pertaining to transportation conformity in the North Carolina
SIP.\1\ North Carolina's SIP submission revises the following North
Carolina regulations in 15A NCAC 2D Section .2000: Section .2001
Purpose, Scope and Applicability, Section .2002 Definitions, Section
.2003 Transportation Conformity Determination, and Section .2005
Memorandum of Agreement.\2\ The changes submitted by North Carolina
include updates to applicability and definitions, updates to
references, clarifications regarding written commitments to implement
control measures, and non-substantive wording, punctuation and
formatting changes. EPA is approving the changes to rules .2001, .2002,
.2003,\3\ and .2005 because the changes do not alter transportation
conformity requirements in North Carolina for any applicable area, nor
do these changes conflict with the federal requirements for
transportation conformity. Thus, the changes are consistent with the
federal transportation conformity requirements and the CAA.
---------------------------------------------------------------------------
\1\ EPA received the official electronic version of the
submittal on April 4, 2018. EPA has already taken action on the
other North Carolina changes submitted through the cover letter
dated March 21, 2018, in a separate action. See 84 FR 14308.
\2\ The table at 40 CFR 52.1770(c), identifying the North
Carolina regulations approved into the SIP, labels each rule as a
``Sect.'' (i.e., Section) under the column titled ``State
citation.'' For consistency with the nomenclature used in the table,
this notice uses the term ``Section'' when referring to individual
North Carolina rules.
\3\ With respect to Section .2003, EPA notes that it is
approving a cross-reference to the entirety of 40 CFR 93.104 into
North Carolina's SIP. Accordingly, EPA is removing the regulatory
text in 40 CFR 52.1770(c)(1) that previously stated ``Except for the
incorporation by reference of 40 CFR 93.104(e) of the Transportation
Conformity Rule.''
---------------------------------------------------------------------------
EPA proposed approval of the North Carolina March 21, 2018, SIP
revision to amend the transportation conformity related state
regulations, as mentioned above, on July 8, 2019 (84 FR 32359). The
details of North Carolina's submission and the rationale for EPA's
actions are explained in the proposed rulemaking. Comments were due on
August 7, 2019, and EPA did not receive any comments on the proposed
action. EPA is now taking final action to approve the above-referenced
revisions.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the
following air quality rules under Subchapter 2D of North Carolina's
SIP: Section .2001 Purpose, Scope and Applicability, Section .2002
Definitions, Section .2003 Transportation Conformity Determination, and
Section .2005 Memorandum of Agreement effective January 1, 2018, which
amend the State's transportation conformity requirements. 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 SIP, 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 North Carolina's March 21,
2018, SIP revision, which amends and readopts the following rules in
Subchapter 2D, Air Pollution Control Requirements: Section .2001
Purpose, Scope and Applicability, Section .2002 Definitions, Section
.2003 Transportation Conformity Determination, and Section .2005
Memorandum of Agreement. EPA is taking final action to approve these
revisions into the State of North Carolina's SIP because they are
consistent with the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices, if
they meet the criteria of the CAA. This action merely approves state
law as
[[Page 51417]]
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Does not contain 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);
Is not subject to Executive Order 13771 (82 FR 9339,
February 2, 2017) regulatory actions 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 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);
Does not contain economically significant regulatory
actions based on health or safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
Does not contain significant regulatory actions 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 November 29, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Carbon
monoxide, Sulfur dioxide, Particulate matter, Lead, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 11, 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 (1) in paragraph (c) is amended under
``Subchapter 2D Air Pollution Control Requirements'', ``Section .2000
Transportation Conformity'' by revising the entries for ``Section
.2001'', ``Section .2002'', ``Section .2003'', and ``Section .2005'' to
read as follows.
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .2000 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Section .2001............ Purpose, Scope and 1/1/2018 9/30/2019 [Insert
Applicability. citation of
publication].
Section .2002............ Definitions......... 1/1/2018 9/30/2019 [Insert
citation of
publication].
Section .2003............ Transportation 1/1/2018 9/30/2019 [Insert
Conformity citation of
Determination. publication].
* * * * * * *
Section .2005............ Memorandum of 1/1/2018 9/30/2019 [Insert
Agreement. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 51418]]
* * * * *
[FR Doc. 2019-20676 Filed 9-27-19; 8:45 am]
BILLING CODE 6560-50-P
