Air Plan Approval; North Carolina; Miscellaneous Emission Control Standards Rule Revisions, 64382-64384 [2022-22724]
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64382
Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations
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,
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 1.5 hours that will prohibit
entry within 1,000 ft. of a fireworks
barge in the Willamette River in the
vicinity of Oaks Park, Portland, OR. It is
categorically excluded from further
review under paragraph L60(a) 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.
2. Add § 165.T13–0626 to read as
follows:
■
§ 165.T13–0626 Safety Zone; Willamette
River, Portland, OR.
(a) Location. The following area is a
safety zone: All navigable waters of the
Willamette River, from surface to
bottom, in a 1,000 ft. radius from the
fireworks barge off shore of Oaks Park,
Portland, OR.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Columbia River (COTP) in the
enforcement of the regulations in this
section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling (503) 209–2468
or the Sector Columbia River Command
Center on Channel 16 VHF–FM. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
(d) Enforcement period. This section
will be enforced from 6:30 to 8 p.m. on
October 31, 2022. It will be subject to
enforcement this entire period unless
the COTP determines it is no longer
needed, in which case the Coast Guard
will inform mariners via Notice to
Mariners.
Dated: September 19, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
[FR Doc. 2022–23084 Filed 10–24–22; 8:45 am]
List of Subjects in 33 CFR Part 165
BILLING CODE 9110–04–P
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Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security Measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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.
VerDate Sep<11>2014
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R4]
Air Plan Approval; North Carolina;
Miscellaneous Emission Control
Standards Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
PO 00000
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The Environmental Protection
Agency (EPA) is finalizing the approval
of changes to the North Carolina State
Implementation Plan (SIP), submitted
by the State of North Carolina through
the North Carolina Department of
Environmental Quality (NCDEQ),
Division of Air Quality (DAQ), through
a letter dated April 13, 2021. This SIP
revision includes changes to a subset of
NCDEQ’s regulations regarding emission
control standards. EPA is approving
these changes pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule is effective November
25, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0554. 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:
Sarah LaRocca, 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) 562–8994. Ms. LaRocca can also
be reached via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
EPA is approving certain changes to
North Carolina’s SIP that were provided
to EPA by NCDEQ via a letter dated
April 13, 2021, and are related to North
Carolina’s 15A North Carolina
Administrative Code (NCAC)
Subchapter 02D, Section .0500,
E:\FR\FM\25OCR1.SGM
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Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations
Emission Control Standards.1
Specifically, EPA is approving changes
to 15A NCAC 02D Sections .0516,
Sulfur Dioxide Emissions from
Combustion Sources, which include
minor grammatical edits and remove
references to outdated State-only rules;
.0517, Emissions from Plants Producing
Sulfuric Acid, which include minor
typographical edits; .0519, Control of
Nitrogen Dioxide and Nitrogen Oxides
Emission, which correct typographical
errors and incorrect references, and are
clarifying in natures; and .0533, Stack
Height, which include minor
grammatical and formatting changes
that do not alter the meaning of the
provision.2 3
Through a notice of proposed
rulemaking (NPRM), published on
August 15, 2022, EPA proposed to
approve the changes to North Carolina’s
SIP-approved Rule .0516, Sulfur Dioxide
Emissions from Combustion Sources;
.0517, Emissions from Plants Producing
Sulfuric Acid; .0519, Control of Nitrogen
Dioxide and Nitrogen Oxides Emissions;
and .0533, Stack Height, as submitted
by NCDEQ on April 13, 2021. See 87 FR
50028. Additional details on North
Carolina’s April 13, 2021, SIP revision,
as well as EPA’s analysis of these
changes, can be found in the August 15,
2022, NPRM. Comments on the August
15, 2022, NPRM were due on or before
September 14, 2022. No comments were
received on the August 15, 2022, NPRM,
so EPA is now finalizing the approval of
the changes as proposed.
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II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, and as discussed in Section I of
this preamble, EPA is finalizing the
incorporation by reference of 15A NCAC
Subchapter 02D, Rules .0516, Sulfur
Dioxide Emissions from Combustion
Sources; .0517, Emissions from Plants
Producing Sulfuric Acid; .0519, Control
of Nitrogen Dioxide and Nitrogen
Oxides Emissions; and .0533, Stack
Height, all state effective on November
1 EPA notes that the April 13, 2021, submittal was
received by EPA on April 14, 2021.
2 EPA received several revisions to the North
Carolina SIP through the same April 13, 2021, cover
letter. This rulemaking only addresses the revisions
identified within this notice. EPA may act on the
remaining revisions, including certain 02D Section
.0500 rules not considered in this action, through
separate rulemakings.
3 On February 22, 2022, and July 6, 2022, North
Carolina submitted letters to EPA withdrawing the
changes to Rule 15A NCAC 02D .0532 and .0527,
respectively, from EPA’s consideration. For this
reason, EPA will not act on these changes to Rule
.0532 or .0527. Both letters can be found in the
docket for this action.
VerDate Sep<11>2014
15:51 Oct 24, 2022
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1, 2020. 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
As described in the August 15, 2022,
NPRM, EPA is approving the April 13,
2021, SIP revision to incorporate
various changes to a subset of North
Carolina’s emission control standards
provisions into the SIP. Specifically,
EPA is approving changes to 15A NCAC
02D Rules .0516, Sulfur Dioxide
Emissions from Combustion Sources;
.0517, Emissions from Plants Producing
Sulfuric Acid; .0519, Control of Nitrogen
Dioxide and Nitrogen Oxides Emissions;
and .0533, Stack Height.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
4 See
PO 00000
62 FR 27968 (May 22, 1997).
Frm 00019
Fmt 4700
Sfmt 4700
64383
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 27, 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
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Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations
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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
Dated: October 14, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
Subpart II—North Carolina
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:
■
§ 52.1770
*
*
*
*
(c) * * *
(1) EPA Approved North Carolina
Regulations
State
effective
date
Title/subject
Subchapter 2D
*
*
*
*
Rule .0516 ..............
Rule .0517 ..............
Rule .0519 ..............
*
*
Rule .0533 ..............
*
*
*
BILLING CODE 6560–50–P
*
*
*
*
10/25/2022, [Insert citation of publication].
11/1/2020
10/25/2022, [Insert citation of publication].
11/1/2020
10/25/2022, [Insert citation of publication].
*
11/1/2020
*
*
*
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2011–0023; Amdt. No.
192–132]
RIN 2137–AF39
Pipeline Safety: Safety of Gas
Transmission Pipelines: Repair
Criteria, Integrity Management
Improvements, Cathodic Protection,
Management of Change, and Other
Related Amendments
Correction
In Rule Document 2022–17031,
appearing on pages 52224–52279, in the
*
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*
issue of Wednesday, August 24, 2022,
make the following correction:
■ On page 52267, in the third column,
paragraph ‘‘(2)(i)’’ is corrected to read as
set forth below.
§ 192.3
Definitions. [Corrected]
*
*
*
*
*
(2)(i) If the length of the wrinkle bend
cannot be reliably determined, then
wrinkle bend means a bend in the pipe
where (h/D)*100 exceeds 2 when S is
less than 37,000 psi (255 MPa), where
(h/D)*100 exceeds (47000—S)/10,000
+1 for psi [324—S)/69 +1 for MPa] when
S is greater than 37,000 psi (255 MPa)
but less than 47,000 psi (324 MPa), and
where (h/D)*100 exceeds 1 when S is
47,000 psi (324 MPa) or more.
*
*
*
*
*
[FR Doc. C1–2022–17031 Filed 10–24–22; 8:45 am]
BILLING CODE 0099–10–P
VerDate Sep<11>2014
*
10/25/2022, [Insert citation of publication].
49 CFR Part 192
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*
11/1/2020
*
Stack Height ...............................................
[FR Doc. 2022–22724 Filed 10–24–22; 8:45 am]
*
*
Sulfur Dioxide Emissions from Combustion
Sources.
Emissions from Plants Producing Sulfuric
Acid.
Control of Nitrogen Dioxide and Nitrogen
Oxides Emissions.
*
Explanation
Emission Control Standards
*
*
EPA approval date
Air Pollution Control Requirements
Section .0500
*
Identification of plan.
*
Authority: 42 U.S.C. 7401 et seq.
State citation
2. In § 52.1770(c)(1), amend the table
under ‘‘Subchapter 2D Air Pollution
Control Requirements,’’ ‘‘Section .0500
Emission Control Standards,’’ by
removing the entries for ‘‘Section
.0516,’’ ‘‘Section .0517,’’ ‘‘Section
.0519,’’ and ‘‘Section .0533’’ and adding
in their places entries for ‘‘Rule .0516,’’
‘‘Rule .0517,’’ ‘‘Rule .0519,’’ and ‘‘Rule
.0533’’ to read as follows:
■
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]]>Agencies
[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Rules and Regulations]
[Pages 64382-64384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22724]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0554; FRL-9187-02-R4]
Air Plan Approval; North Carolina; Miscellaneous Emission Control
Standards Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of changes to the North Carolina State Implementation Plan
(SIP), submitted by the State of North Carolina through the North
Carolina Department of Environmental Quality (NCDEQ), Division of Air
Quality (DAQ), through a letter dated April 13, 2021. This SIP revision
includes changes to a subset of NCDEQ's regulations regarding emission
control standards. EPA is approving these changes pursuant to the Clean
Air Act (CAA or Act).
DATES: This rule is effective November 25, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0554. 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: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving certain changes to North Carolina's SIP that were
provided to EPA by NCDEQ via a letter dated April 13, 2021, and are
related to North Carolina's 15A North Carolina Administrative Code
(NCAC) Subchapter 02D, Section .0500,
[[Page 64383]]
Emission Control Standards.\1\ Specifically, EPA is approving changes
to 15A NCAC 02D Sections .0516, Sulfur Dioxide Emissions from
Combustion Sources, which include minor grammatical edits and remove
references to outdated State-only rules; .0517, Emissions from Plants
Producing Sulfuric Acid, which include minor typographical edits;
.0519, Control of Nitrogen Dioxide and Nitrogen Oxides Emission, which
correct typographical errors and incorrect references, and are
clarifying in natures; and .0533, Stack Height, which include minor
grammatical and formatting changes that do not alter the meaning of the
provision.\2\ \3\
---------------------------------------------------------------------------
\1\ EPA notes that the April 13, 2021, submittal was received by
EPA on April 14, 2021.
\2\ EPA received several revisions to the North Carolina SIP
through the same April 13, 2021, cover letter. This rulemaking only
addresses the revisions identified within this notice. EPA may act
on the remaining revisions, including certain 02D Section .0500
rules not considered in this action, through separate rulemakings.
\3\ On February 22, 2022, and July 6, 2022, North Carolina
submitted letters to EPA withdrawing the changes to Rule 15A NCAC
02D .0532 and .0527, respectively, from EPA's consideration. For
this reason, EPA will not act on these changes to Rule .0532 or
.0527. Both letters can be found in the docket for this action.
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM), published on August
15, 2022, EPA proposed to approve the changes to North Carolina's SIP-
approved Rule .0516, Sulfur Dioxide Emissions from Combustion Sources;
.0517, Emissions from Plants Producing Sulfuric Acid; .0519, Control of
Nitrogen Dioxide and Nitrogen Oxides Emissions; and .0533, Stack
Height, as submitted by NCDEQ on April 13, 2021. See 87 FR 50028.
Additional details on North Carolina's April 13, 2021, SIP revision, as
well as EPA's analysis of these changes, can be found in the August 15,
2022, NPRM. Comments on the August 15, 2022, NPRM were due on or before
September 14, 2022. No comments were received on the August 15, 2022,
NPRM, so EPA is now finalizing the approval of the changes as proposed.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of 15A NCAC Subchapter 02D, Rules .0516,
Sulfur Dioxide Emissions from Combustion Sources; .0517, Emissions from
Plants Producing Sulfuric Acid; .0519, Control of Nitrogen Dioxide and
Nitrogen Oxides Emissions; and .0533, Stack Height, all state effective
on November 1, 2020. 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
As described in the August 15, 2022, NPRM, EPA is approving the
April 13, 2021, SIP revision to incorporate various changes to a subset
of North Carolina's emission control standards provisions into the SIP.
Specifically, EPA is approving changes to 15A NCAC 02D Rules .0516,
Sulfur Dioxide Emissions from Combustion Sources; .0517, Emissions from
Plants Producing Sulfuric Acid; .0519, Control of Nitrogen Dioxide and
Nitrogen Oxides Emissions; and .0533, Stack Height.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 27, 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
[[Page 64384]]
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, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic compounds.
Dated: October 14, 2022.
Daniel Blackman,
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(c)(1), amend the table under ``Subchapter 2D Air
Pollution Control Requirements,'' ``Section .0500 Emission Control
Standards,'' by removing the entries for ``Section .0516,'' ``Section
.0517,'' ``Section .0519,'' and ``Section .0533'' and adding in their
places entries for ``Rule .0516,'' ``Rule .0517,'' ``Rule .0519,'' and
``Rule .0533'' to 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 .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule .0516...................... Sulfur Dioxide 11/1/2020 10/25/2022, [Insert
Emissions from citation of
Combustion Sources. publication].
Rule .0517...................... Emissions from Plants 11/1/2020 10/25/2022, [Insert
Producing Sulfuric citation of
Acid. publication].
Rule .0519...................... Control of Nitrogen 11/1/2020 10/25/2022, [Insert
Dioxide and Nitrogen citation of
Oxides Emissions. publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule .0533...................... Stack Height.......... 11/1/2020 10/25/2022, [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-22724 Filed 10-24-22; 8:45 am]
BILLING CODE 6560-50-P
