Air Plan Approval; NC: Inspection and Maintenance Program, 49524-49526 [2022-16905]
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Rules and Regulations
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
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we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting less then an hour that will
prohibit entry within 250 yard radius of
42° 24.51′ N 082°52.97′ W (WGS 84). It
is categorically excluded from further
review under paragraph L[60] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
2. Add § 165.T09–0673 to read as
follows:
■
§ 165.T09–0673 Safety Zones; Grosse
Pointe Farms Fireworks, Lake St. Clair,
Grosse Pointe, MI.
(a) Location. This safety zone is
established to encompass all U.S.
navigable waters of Lake St. Clair within
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a 250-yard radius of 42° 24.51′ N
082°52.97′ W (WGS 84).
(b) Enforcement period. The safety
zone described in paragraph (a) will be
enforced from 9:30 p.m. to 10:30 p.m.
on September 3, 2022. In the case of
inclement weather on September 3,
2022, this safety zone will be enforced
from 9:30 p.m. through 10:30 p.m. on
September 4, 2022.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within
these safety zones is prohibited unless
authorized by the COTP Detroit or a
designated on-scene representative.
(2) The safety zones are closed to all
vessel traffic, except as may be
permitted by the COTP Detroit or a
designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP Detroit is any Coast Guard
commissioned, warrant or petty officer
or a federal, state, or local law
enforcement officer designated by the
COTP Detroit to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zones must
contact the COTP Detroit or an on-scene
representative to obtain permission to
do so. The COTP Detroit or an on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the COTP
Detroit or an on-scene representative.
Dated: August 5, 2022.
Brad W. Kelly,
Captain, U. S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2022–17286 Filed 8–10–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0718; FRL–9935–02–
R4]
Air Plan Approval; NC: Inspection and
Maintenance Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a State Implementation Plan (SIP)
revision submitted by the State of North
Carolina on December 14, 2020, through
the Department of Environmental
Quality (DEQ), Division of Air Quality
(DAQ), for the purpose of removing Lee,
Onslow, and Rockingham Counties from
SUMMARY:
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Rules and Regulations
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North Carolina’s motor vehicle
inspection and maintenance (I/M)
program. EPA is approving these
changes pursuant to the Clean Air Act
(CAA or Act).
DATES: This rule is effective September
12, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0718. 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:
Kelly Sheckler, 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–
9222. Ms. Sheckler can also be reached
via electronic mail at sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The DAQ submitted a SIP revision on
December 14, 2020, seeking to remove
Lee, Onslow, and Rockingham Counties
from North Carolina’s SIP-approved I/M
program. The DAQ submitted this SIP
revision in response to North Carolina
legislation enacted in Session Law
2020–5, House Bill 85, which amended
North Carolina General Statute section
143–215.107A(c) to remove these three
counties from the North Carolina I/M
Program.1 Specifically, the North
Carolina Act requires the elimination of
1 The removal becomes effective the first day of
a month that is sixty days after the State’s Secretary
of the DEQ certifies to the State’s Revisor of Statutes
that EPA approved the SIP revision.
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Lee, Onslow, and Rockingham Counties
from the I/M program and the retention
of the I/M program in 19 counties
(Alamance, Buncombe, Cabarrus,
Cumberland, Davidson, Durham,
Forsyth, Franklin, Gaston, Guilford,
Iredell, Johnston, Lincoln, Mecklenburg,
New Hanover, Randolph, Rowan,
Union, and Wake).
Sections 187(a)(4) and 182(b)(4) of the
CAA require the implementation of an
I/M program in certain areas classified
as moderate nonattainment or higher for
the ozone or carbon monoxide (CO)
NAAQS.2 Lee, Onslow, and
Rockingham Counties have never been
designated nonattainment for ozone or
CO (or any other NAAQS) and are
currently in attainment for all NAAQS.
These three counties were included in
the State’s I/M program to provide
North Carolina with emissions credit for
the NOX SIP Call obligations. See 67 FR
66056 (October 30, 2002). The NOX SIP
Call, issued by EPA in 1998, required
some states, including North Carolina,
to meet statewide NOX emission
requirements during the ozone season
(May 1 through September 30 control
period) to reduce the amount of ground
level ozone that is transported across
the eastern United States. See 84 FR
8422 (March 8, 2019).
In a notice of proposed rulemaking
(NPRM), published on June 22, 2022,
EPA proposed to approve the removal of
Lee, Onslow, and Rockingham Counties
from North Carolina’s SIP-approved I/M
program (and consequently, the removal
of reliance on credits gained from I/M
emissions reductions from Lee, Onslow
and Rockingham Counties in the State’s
NOX Budget and Allowance Trading
Program). See 87 FR 37280. As
explained in the June 22, 2022, NPRM,
EPA found that the removal of the I/M
program for the Lee, Onslow, and
Rockingham Counties would not impact
North Carolina’s ability to attain or
maintain compliance with the NAAQS
and would not interfere with the State’s
obligations under the NOX SIP Call.
Comments on the June 22, 2022, NPRM,
were due on or before July 22, 2022.
EPA did not receive any adverse
comments on the June 22, 2022, NPRM.
II. Final Action
EPA is finalizing approval of North
Carolina’s December 14, 2020, SIP
revision. Specifically, EPA is approving
the removal of Lee, Onslow, and
Rockingham Counties from the SIPapproved I/M program. Additionally,
EPA finds that North Carolina’s removal
2 The I/M program was never a mandatory
program pursuant to the CAA for Lee, Onslow, or
Rockingham counties.
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49525
of the three counties from the SIPapproved I/M program (and the removal
of reliance on the I/M emissions
reductions generated from those
counties as part of the ‘‘credits’’ in
North Carolina’s NOX emissions budget)
will not interfere with the State’s
obligations under the NOX SIP Call to
meet its Statewide NOX emissions
budget. EPA finds that the approval of
this revision will not interfere with
continued attainment or maintenance of
any applicable NAAQS, or with any
other applicable requirement of the
CAA. EPA also finds that North
Carolina’s December 14, 2020, SIP
submission satisfies the requirements of
section 110(l) of the CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Rules and Regulations
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 October 11, 2022. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 1, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the 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 in paragraph (e),
amend the table by adding a new entry
for ‘‘Removal of Lee, Onslow, and
Rockingham Counties from North
Carolina’s Inspection and Maintenance
Program and 110(l) Non-Interference
Demonstration’’ at the end to read as
follows:
■
§ 52.1770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
*
*
Removal of Lee, Onslow, and Rockingham Counties from North
Carolina’s Inspection and Maintenance Program and 110(l)
Non-Interference Demonstration.
[FR Doc. 2022–16905 Filed 8–10–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2022–0112; FRL–9734–02–
R1]
Air Plan Approval; New Hampshire;
Rules for Particulate Emissions From
Open Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions of
New Hampshire Code of Administrative
Rules Chapter Env-A 1000 submitted by
SUMMARY:
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*
12/14/2020
EPA
approval
date
*
8/11/2022
the State of New Hampshire on January
8, 2020. Env-A 1000 establishes
requirements for open burning, fugitive
dust, and firefighter instruction and
training activities. This action is being
taken under the Clean Air Act.
DATES: This rule is effective on
September 12, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2022–0112. 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 (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
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Federal Register citation
*
[Insert citation of publication].
Explanation
*
available at www.regulations.gov or at
the U.S. Environmental Protection
Agency, EPA Region 1 Regional Office,
Air and Radiation Division, 5 Post
Office Square—Suite 100, Boston, MA.
EPA requests that, if at all possible, you
contact the contact 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 legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Pujarini Maiti, Air Quality Planning
Unit, Air Programs Branch (Mail Code
OEP05–02), U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, Suite 100, Boston,
Massachusetts 02109–3912; (617) 918–
1625; maiti.pujarini@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
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]]>Agencies
[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49524-49526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16905]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0718; FRL-9935-02-R4]
Air Plan Approval; NC: Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a State Implementation Plan (SIP) revision submitted by the
State of North Carolina on December 14, 2020, through the Department of
Environmental Quality (DEQ), Division of Air Quality (DAQ), for the
purpose of removing Lee, Onslow, and Rockingham Counties from
[[Page 49525]]
North Carolina's motor vehicle inspection and maintenance (I/M)
program. EPA is approving these changes pursuant to the Clean Air Act
(CAA or Act).
DATES: This rule is effective September 12, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0718. 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: Kelly Sheckler, 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) 562-9222. Ms. Sheckler can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The DAQ submitted a SIP revision on December 14, 2020, seeking to
remove Lee, Onslow, and Rockingham Counties from North Carolina's SIP-
approved I/M program. The DAQ submitted this SIP revision in response
to North Carolina legislation enacted in Session Law 2020-5, House Bill
85, which amended North Carolina General Statute section 143-
215.107A(c) to remove these three counties from the North Carolina I/M
Program.\1\ Specifically, the North Carolina Act requires the
elimination of Lee, Onslow, and Rockingham Counties from the I/M
program and the retention of the I/M program in 19 counties (Alamance,
Buncombe, Cabarrus, Cumberland, Davidson, Durham, Forsyth, Franklin,
Gaston, Guilford, Iredell, Johnston, Lincoln, Mecklenburg, New Hanover,
Randolph, Rowan, Union, and Wake).
---------------------------------------------------------------------------
\1\ The removal becomes effective the first day of a month that
is sixty days after the State's Secretary of the DEQ certifies to
the State's Revisor of Statutes that EPA approved the SIP revision.
---------------------------------------------------------------------------
Sections 187(a)(4) and 182(b)(4) of the CAA require the
implementation of an I/M program in certain areas classified as
moderate nonattainment or higher for the ozone or carbon monoxide (CO)
NAAQS.\2\ Lee, Onslow, and Rockingham Counties have never been
designated nonattainment for ozone or CO (or any other NAAQS) and are
currently in attainment for all NAAQS. These three counties were
included in the State's I/M program to provide North Carolina with
emissions credit for the NOX SIP Call obligations. See 67 FR
66056 (October 30, 2002). The NOX SIP Call, issued by EPA in
1998, required some states, including North Carolina, to meet statewide
NOX emission requirements during the ozone season (May 1
through September 30 control period) to reduce the amount of ground
level ozone that is transported across the eastern United States. See
84 FR 8422 (March 8, 2019).
---------------------------------------------------------------------------
\2\ The I/M program was never a mandatory program pursuant to
the CAA for Lee, Onslow, or Rockingham counties.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM), published on June 22,
2022, EPA proposed to approve the removal of Lee, Onslow, and
Rockingham Counties from North Carolina's SIP-approved I/M program (and
consequently, the removal of reliance on credits gained from I/M
emissions reductions from Lee, Onslow and Rockingham Counties in the
State's NOX Budget and Allowance Trading Program). See 87 FR
37280. As explained in the June 22, 2022, NPRM, EPA found that the
removal of the I/M program for the Lee, Onslow, and Rockingham Counties
would not impact North Carolina's ability to attain or maintain
compliance with the NAAQS and would not interfere with the State's
obligations under the NOX SIP Call. Comments on the June 22,
2022, NPRM, were due on or before July 22, 2022. EPA did not receive
any adverse comments on the June 22, 2022, NPRM.
II. Final Action
EPA is finalizing approval of North Carolina's December 14, 2020,
SIP revision. Specifically, EPA is approving the removal of Lee,
Onslow, and Rockingham Counties from the SIP-approved I/M program.
Additionally, EPA finds that North Carolina's removal of the three
counties from the SIP-approved I/M program (and the removal of reliance
on the I/M emissions reductions generated from those counties as part
of the ``credits'' in North Carolina's NOX emissions budget)
will not interfere with the State's obligations under the
NOX SIP Call to meet its Statewide NOX emissions
budget. EPA finds that the approval of this revision will not interfere
with continued attainment or maintenance of any applicable NAAQS, or
with any other applicable requirement of the CAA. EPA also finds that
North Carolina's December 14, 2020, SIP submission satisfies the
requirements of section 110(l) of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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
[[Page 49526]]
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 October 11, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 1, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the 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 in paragraph (e), amend the table by adding a new
entry for ``Removal of Lee, Onslow, and Rockingham Counties from North
Carolina's Inspection and Maintenance Program and 110(l) Non-
Interference Demonstration'' at the end to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Provision effective date date citation Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Removal of Lee, Onslow, and Rockingham 12/14/2020 8/11/2022 [Insert citation of
Counties from North Carolina's publication].
Inspection and Maintenance Program
and 110(l) Non-Interference
Demonstration.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-16905 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P
