Air Plan Approval; North Carolina; Miscellaneous Permit Provisions Revisions, 43461-43463 [2020-14092]
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations
in existing regional, state, or multistate
agreements; or (5) water resources with
exceptional recreational value or
ecological importance. 33 U.S.C.
3907(b)(2)(H); 40 CFR 35.10055(a)(7).
(viii) The extent to which the project
addresses identified municipal, state, or
regional priorities. 33 U.S.C.
3907(b)(2)(I); 40 CFR 35.10055(a)(8).
(ix) The readiness of the project to
proceed toward development, including
a demonstration by the obligor that
there is a reasonable expectation that
the contracting process for construction
of the project can commence by not later
than 90 days after the date on which a
federal credit instrument is obligated for
the project under [WIFIA]. 33 U.S.C.
3907(b)(2)(J); 40 CFR 35.10055(a)(9).
(x) The extent to which assistance
under [WIFIA] reduces the contribution
of Federal assistance to the project. 33
U.S.C. 3907(b)(2)(K); 40 CFR
35.10055(a)(11).
Authority: 33 U.S.C. 3901–3914; 40 CFR
part 35.
Andrew Wheeler,
Administrator.
[FR Doc. 2020–15469 Filed 7–16–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0638; FRL–10011–
31–Region 4]
Air Plan Approval; North Carolina;
Miscellaneous Permit Provisions
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of North
Carolina, through the North Carolina
Department of Environmental Quality,
Division of Air Quality (DAQ), with
letters dated September 18, 2009,
September 16, 2016, and July 10, 2019.
These SIP revisions amend several of
North Carolina’s rules regarding
construction and operating permits.
This action is being finalized pursuant
to the Clean Air Act (CAA or Act).
DATES: This rule is effective August 17,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0638. All documents in the docket
are listed on the www.regulations.gov
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SUMMARY:
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website. Although listed in the index,
some information may not be 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 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, 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 adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving SIP revisions
submitted by DAQ, through letters dated
September 18, 2009, September 16,
2016, and July 10, 2019. North
Carolina’s September 18, 2009,1 2
submittal revises rule 15A North
Carolina Administrative Code (NCAC)
02Q .0304, Applications, to make
clarifying and ministerial edits. The
September 16, 2016,3 4 submittal revises
15A NCAC 02D .0101, Definitions, and
15A NCAC 02Q .0101, Required Air
Quality Permits; .0103, Definitions; and
.0104, Where to Obtain and File Permit
Applications, to make clarifying and
administrative updates. Finally, the July
10, 2019, submittal readopts, and makes
clarifying and ministerial edits to the
1 EPA
received the submittal on September 22,
2009.
2 EPA received a supplemental submittal of
corrected redline/strikeout changes for 02Q Section
.0304 on June 7, 2019. See the docket for this
action.
3 EPA received the submittal on October 4, 2016.
4 EPA notes that Section 02Q .0203, Permit and
Application Fees was submitted as well. However,
this Section is not approved into the SIP, and is not
appropriate for the SIP. EPA will therefore not take
action on this Section.
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43461
following: 15A NCAC 02Q .0101,
Required Air Quality Permits; .0103,
Definitions; .0104, Where to Obtain and
File Permit Applications; .0105, Copies
of Referenced Documents; .0106,
Incorporation by Reference; .0107,
Confidential Information; .0108,
Delegation of Authority; .0109,
Compliance Schedule for Previously
Exempted Activities; .0110, Retention of
Permit at Permitted Facility; and .0111,
Applicability Determinations.5
EPA published a notice of proposed
rulemaking (NPRM) proposing approval
of the aforementioned North Carolina
SIP revisions on April 27, 2020. See 85
FR 23272. The details of North
Carolina’s submissions and the rationale
for EPA’s actions are explained in the
April 27, 2020, NPRM. Comments were
due on May 27, 2020.
II. Response to Comments
EPA received two comments on the
April 27, 2020, NPRM. One comment
was in support of EPA’s proposed
action, and the other comment was
adverse. A summary of the adverse
comment and EPA’s response is
provided below.
Comment: The Commenter asks why
EPA needs to approve this SIP revision
and suggests that states should ‘‘take
primacy over their SIPs’’ once EPA has
initially approved them. The
Commenter also states that EPA should
not approve this SIP revision and
should allow states to take control over
their programs.
Response: As explained herein and in
the April 27, 2020, NPRM, DAQ
requested this SIP revision, which
amends several SIP-approved rules
pertaining to construction and operating
permits. Pursuant to CAA section
110(k)(3), 42 U.S.C. 7410(k)(3), ‘‘EPA
shall approve’’ a SIP revision ‘‘if it
meets all of the applicable
requirements’’ of the Act. Thus, as a
matter of law, EPA is required to
approve a SIP revision if it meets the
Act’s requirements, as these North
Carolina SIP revisions do. To the extent
the Commenter is suggesting that EPA
take action beyond this particular SIP
revision, such a comment is outside the
scope of this rulemaking.
III. 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
5 On July 10, 2019, EPA received several SIP
revisions. EPA is only acting on the changes to
North Carolina’s SIP as described in this notice.
EPA will act on the other SIP revisions in separate
rulemakings.
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations
by reference of 15A NCAC 02D .0101,
Definitions, state effective January 1,
2015; 6 15A NCAC 02Q .0101, Required
Air Quality Permits; .0103, Definitions;
.0104, Where to Obtain and File Permit
Applications; .0105, Copies of
Referenced Documents; .0106,
Incorporation by Reference; .0107,
Confidential Information; .0108,
Delegation of Authority; .0109,
Compliance Schedule for Previously
Exempted Activities; .0110, Retention of
Permit at Permitted Facility; and .0111,
Applicability Determinations, state
effective April 1, 2018; and 15A NCAC
02Q .0304, Applications, state effective
January 1, 2009. These changes are
either non-substantive or otherwise
necessary to clarify applicability. 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.7
IV. Final Action
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EPA is approving 15A NCAC 02D
.0101, Definitions, submitted September
16, 2016; 15A NCAC 02Q .0101,
Required Air Quality Permits; .0103,
Definitions; .0104, Where to Obtain and
File Permit Applications; .0105, Copies
of Referenced Documents; .0106,
Incorporation by Reference; .0107,
Confidential Information; .0108,
Delegation of Authority; .0109,
Compliance Schedule for Previously
Exempted Activities; .0110, Retention of
Permit at Permitted Facility; and .0111,
Applicability Determinations, submitted
July 10, 2019; and 15A NCAC 02Q
.0304, Applications, submitted
September 18, 2009. EPA is finalizing
the changes above to North Carolina’s
SIP submitted on September 18, 2009,
September 16, 2016, and July 10, 2019.
6 The effective date of the change to 15A NCAC
02D .0101 made in North Carolina’s September 16,
2016 SIP revision is January 1, 2016. However, for
purposes of the state-effective date at 40 CFR
52.1770(c), that change to North Carolina’s rule is
captured and superseded by North Carolina’s
update in a March 21, 2018 (state effective January
1, 2018) SIP revision, which EPA previously
approved on April 10, 2019 (84 FR 14308).
7 See 62 FR 27968 (May 22, 1997).
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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.
This action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
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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.
These actions are 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 15, 2020. 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. These actions 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,
Reporting and recordkeeping
requirements.
Dated: June 24, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
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 amend Table 1 to
paragraph (c) by:
■
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations
entries for ‘‘Section .0101’’, ‘‘Section
.0103’’, ‘‘Section .0104’’, ‘‘Section
.0105’’, ‘‘Section .0106’’, ‘‘Section
.0107’’, ‘‘Section .0108’’, ‘‘Section
.0109’’, ‘‘Section .0110’’, ‘‘Section
.0111’’, and ‘‘Section .0304’’.
a. Under ‘‘Subchapter 2D Air
Pollution Control Requirements’’
revising the entry for ‘‘Section .0101’’;
and
■ b. Under Subchapter 2Q Air Quality
Permit Procedures by revising the
■
The revisions read as follows.
§ 52.1770
*
Identification of plan.
*
*
(c) * * *
*
*
(1) EPA APPROVED NORTH CAROLINA REGULATIONS
State citation
State
effective
date
Title/subject
EPA approval
date
Explanation
Subchapter 2D Air Pollution Control Requirements
Section .0100 Definitions and References
Section .0101 .......
Definitions ....................................................
*
*
*
1/1/2018
7/17/2020, [Insert citation of publication].
*
*
*
*
Subchapter 2Q Air Quality Permits
Section .0100 General Provisions
Section .0101 .......
Required Air Quality Permits .......................
*
Section .0103 .......
Section .0104 .......
*
Section .0110 .......
Section .0111 .......
*
*
Definitions ....................................................
Where to Obtain and File Permit Applications.
Copies of Referenced Documents ..............
Incorporation by Reference .........................
Confidential Information ..............................
Delegation of Authority ................................
Compliance Schedule for Previously Exempted Activities.
Retention of Permit at Permitted Facility ....
Applicability Determinations ........................
*
Section .0304 .......
*
*
Applications .................................................
*
Section
Section
Section
Section
Section
.0105
.0106
.0107
.0108
.0109
.......
.......
.......
.......
.......
*
*
*
*
*
*
*
*
[FR Doc. 2020–14092 Filed 7–16–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2016–0057; FRL–10011–
28–Region 10]
Air Plan Approval; OR; 2010 Sulfur
Dioxide NAAQS Interstate Transport
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
khammond on DSKJM1Z7X2PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) approves the State
Implementation Plan (SIP) submission
from Oregon as meeting certain Clean
Air Act (CAA) interstate transport
requirements for the 2010 1-hour Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS). EPA has
SUMMARY:
VerDate Sep<11>2014
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4/1/2018
7/17/2020, [Insert citation of publication].
4/1/2018
4/1/2018
*
*
7/17/2020, [Insert citation of publication].
7/17/2020, [Insert citation of publication].
4/1/2018
4/1/2018
4/1/2018
4/1/2018
4/1/2018
7/17/2020,
7/17/2020,
7/17/2020,
7/17/2020,
7/17/2020,
4/1/2018
4/1/2018
7/17/2020, [Insert citation of publication].
7/17/2020, [Insert citation of publication].
1/1/2009
*
*
7/17/2020, [Insert citation of publication].
*
[Insert
[Insert
[Insert
[Insert
[Insert
Frm 00045
Fmt 4700
of
of
of
of
of
*
determined that emissions from Oregon
sources will not contribute significantly
to nonattainment or interfere with the
maintenance of the 2010 1-hour SO2
NAAQS in any other state.
DATES: This final rule is effective August
17, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2016–0057. 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., Confidential Business
Information or other information the
disclosure of which 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 at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
PO 00000
citation
citation
citation
citation
citation
Sfmt 4700
*
publication].
publication].
publication].
publication].
publication].
*
*
*
FOR FURTHER INFORMATION CONTACT:
Kristin Hall, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–6357, or hall.kristin@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, it means
the EPA.
I. Background
On May 15, 2020, we proposed to
approve the October 20, 2015, SIP
submission from Oregon as meeting
certain Clean Air Act (CAA) interstate
transport requirements for the 2010 1hour SO2 NAAQS (85 FR 29369). The
reasons for our proposed approval were
stated in the proposed rulemaking and
will not be re-stated here. The public
comment period for the proposed
rulemaking ended on June 15, 2020. We
received no comments. Therefore, we
are finalizing our rulemaking as
proposed.
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]]>Agencies
[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43461-43463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14092]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0638; FRL-10011-31-Region 4]
Air Plan Approval; North Carolina; Miscellaneous Permit
Provisions Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of North
Carolina, through the North Carolina Department of Environmental
Quality, Division of Air Quality (DAQ), with letters dated September
18, 2009, September 16, 2016, and July 10, 2019. These SIP revisions
amend several of North Carolina's rules regarding construction and
operating permits. This action is being finalized pursuant to the Clean
Air Act (CAA or Act).
DATES: This rule is effective August 17, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0638. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be 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 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, 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 approving SIP revisions submitted by DAQ, through letters
dated September 18, 2009, September 16, 2016, and July 10, 2019. North
Carolina's September 18, 2009,1 2 submittal revises rule 15A
North Carolina Administrative Code (NCAC) 02Q .0304, Applications, to
make clarifying and ministerial edits. The September 16,
2016,3 4 submittal revises 15A NCAC 02D .0101, Definitions,
and 15A NCAC 02Q .0101, Required Air Quality Permits; .0103,
Definitions; and .0104, Where to Obtain and File Permit Applications,
to make clarifying and administrative updates. Finally, the July 10,
2019, submittal readopts, and makes clarifying and ministerial edits to
the following: 15A NCAC 02Q .0101, Required Air Quality Permits; .0103,
Definitions; .0104, Where to Obtain and File Permit Applications;
.0105, Copies of Referenced Documents; .0106, Incorporation by
Reference; .0107, Confidential Information; .0108, Delegation of
Authority; .0109, Compliance Schedule for Previously Exempted
Activities; .0110, Retention of Permit at Permitted Facility; and
.0111, Applicability Determinations.\5\
---------------------------------------------------------------------------
\1\ EPA received the submittal on September 22, 2009.
\2\ EPA received a supplemental submittal of corrected redline/
strikeout changes for 02Q Section .0304 on June 7, 2019. See the
docket for this action.
\3\ EPA received the submittal on October 4, 2016.
\4\ EPA notes that Section 02Q .0203, Permit and Application
Fees was submitted as well. However, this Section is not approved
into the SIP, and is not appropriate for the SIP. EPA will therefore
not take action on this Section.
\5\ On July 10, 2019, EPA received several SIP revisions. EPA is
only acting on the changes to North Carolina's SIP as described in
this notice. EPA will act on the other SIP revisions in separate
rulemakings.
---------------------------------------------------------------------------
EPA published a notice of proposed rulemaking (NPRM) proposing
approval of the aforementioned North Carolina SIP revisions on April
27, 2020. See 85 FR 23272. The details of North Carolina's submissions
and the rationale for EPA's actions are explained in the April 27,
2020, NPRM. Comments were due on May 27, 2020.
II. Response to Comments
EPA received two comments on the April 27, 2020, NPRM. One comment
was in support of EPA's proposed action, and the other comment was
adverse. A summary of the adverse comment and EPA's response is
provided below.
Comment: The Commenter asks why EPA needs to approve this SIP
revision and suggests that states should ``take primacy over their
SIPs'' once EPA has initially approved them. The Commenter also states
that EPA should not approve this SIP revision and should allow states
to take control over their programs.
Response: As explained herein and in the April 27, 2020, NPRM, DAQ
requested this SIP revision, which amends several SIP-approved rules
pertaining to construction and operating permits. Pursuant to CAA
section 110(k)(3), 42 U.S.C. 7410(k)(3), ``EPA shall approve'' a SIP
revision ``if it meets all of the applicable requirements'' of the Act.
Thus, as a matter of law, EPA is required to approve a SIP revision if
it meets the Act's requirements, as these North Carolina SIP revisions
do. To the extent the Commenter is suggesting that EPA take action
beyond this particular SIP revision, such a comment is outside the
scope of this rulemaking.
III. 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
[[Page 43462]]
by reference of 15A NCAC 02D .0101, Definitions, state effective
January 1, 2015; \6\ 15A NCAC 02Q .0101, Required Air Quality Permits;
.0103, Definitions; .0104, Where to Obtain and File Permit
Applications; .0105, Copies of Referenced Documents; .0106,
Incorporation by Reference; .0107, Confidential Information; .0108,
Delegation of Authority; .0109, Compliance Schedule for Previously
Exempted Activities; .0110, Retention of Permit at Permitted Facility;
and .0111, Applicability Determinations, state effective April 1, 2018;
and 15A NCAC 02Q .0304, Applications, state effective January 1, 2009.
These changes are either non-substantive or otherwise necessary to
clarify applicability. 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.\7\
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\6\ The effective date of the change to 15A NCAC 02D .0101 made
in North Carolina's September 16, 2016 SIP revision is January 1,
2016. However, for purposes of the state-effective date at 40 CFR
52.1770(c), that change to North Carolina's rule is captured and
superseded by North Carolina's update in a March 21, 2018 (state
effective January 1, 2018) SIP revision, which EPA previously
approved on April 10, 2019 (84 FR 14308).
\7\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving 15A NCAC 02D .0101, Definitions, submitted
September 16, 2016; 15A NCAC 02Q .0101, Required Air Quality Permits;
.0103, Definitions; .0104, Where to Obtain and File Permit
Applications; .0105, Copies of Referenced Documents; .0106,
Incorporation by Reference; .0107, Confidential Information; .0108,
Delegation of Authority; .0109, Compliance Schedule for Previously
Exempted Activities; .0110, Retention of Permit at Permitted Facility;
and .0111, Applicability Determinations, submitted July 10, 2019; and
15A NCAC 02Q .0304, Applications, submitted September 18, 2009. EPA is
finalizing the changes above to North Carolina's SIP submitted on
September 18, 2009, September 16, 2016, and July 10, 2019.
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. This action merely approves state
law as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. These actions are 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 15, 2020. 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. These actions 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, Reporting and recordkeeping
requirements.
Dated: June 24, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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 amend Table 1 to paragraph (c) by:
[[Page 43463]]
0
a. Under ``Subchapter 2D Air Pollution Control Requirements'' revising
the entry for ``Section .0101''; and
0
b. Under Subchapter 2Q Air Quality Permit Procedures by revising the
entries for ``Section .0101'', ``Section .0103'', ``Section .0104'',
``Section .0105'', ``Section .0106'', ``Section .0107'', ``Section
.0108'', ``Section .0109'', ``Section .0110'', ``Section .0111'', and
``Section .0304''.
The revisions read as follows.
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Section .0101.............. Definitions......... 1/1/2018 7/17/2020, [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 2Q Air Quality Permits
Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Section .0101.............. Required Air Quality 4/1/2018 7/17/2020, [Insert
Permits. citation of
publication].
* * * * * * *
Section .0103.............. Definitions......... 4/1/2018 7/17/2020, [Insert
citation of
publication].
Section .0104.............. Where to Obtain and 4/1/2018 7/17/2020, [Insert
File Permit citation of
Applications. publication].
Section .0105.............. Copies of Referenced 4/1/2018 7/17/2020, [Insert
Documents. citation of
publication].
Section .0106.............. Incorporation by 4/1/2018 7/17/2020, [Insert
Reference. citation of
publication].
Section .0107.............. Confidential 4/1/2018 7/17/2020, [Insert
Information. citation of
publication].
Section .0108.............. Delegation of 4/1/2018 7/17/2020, [Insert
Authority. citation of
publication].
Section .0109.............. Compliance Schedule 4/1/2018 7/17/2020, [Insert
for Previously citation of
Exempted Activities. publication].
Section .0110.............. Retention of Permit 4/1/2018 7/17/2020, [Insert
at Permitted citation of
Facility. publication].
Section .0111.............. Applicability 4/1/2018 7/17/2020, [Insert
Determinations. citation of
publication].
* * * * * * *
Section .0304.............. Applications........ 1/1/2009 7/17/2020, [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-14092 Filed 7-16-20; 8:45 am]
BILLING CODE 6560-50-P
