Air Plan Approval; North Carolina; Charlotte-Gastonia-Rock Hill Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS, 2245-2247 [2022-28664]
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Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations
Subpart II—North Carolina
2. In § 52.1770(c), amend table (1) by
removing the entries for ‘‘Section
.1401,’’ ‘‘Section .1402,’’ ‘‘Section
.1403,’’ ‘‘Section .1404,’’ ‘‘Section
.1407,’’ ‘‘Section .1408,’’ ‘‘Section
.1409,’’ ‘‘Section .1410,’’ ‘‘Section
■
.1411,’’ ‘‘Section .1412,’’ ‘‘Section
.1413,’’ ‘‘Section .1414,’’ ‘‘Section
.1415,’’ and ‘‘Section .1418;’’ and adding
in their place entries for ‘‘Rule .1401,’’
‘‘Rule .1402,’’ ‘‘Rule .1403,’’ ‘‘Rule
.1404,’’ ‘‘Rule .1407,’’ ‘‘Rule .1408,’’
‘‘Rule .1409,’’ ‘‘Rule .1410,’’ ‘‘Rule
.1411,’’ ‘‘Rule .1412,’’ ‘‘Rule .1413,’’
‘‘Rule .1414,’’ ‘‘Rule .1415,’’ and ‘‘Rule
.1418’’ to 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
*
*
*
*
Section .1400 Nitrogen Oxides
Rule
Rule
Rule
Rule
.1401
.1402
.1403
.1404
..............
..............
..............
..............
Rule .1407 ..............
Rule .1408 ..............
Rule .1409 ..............
Rule .1410 ..............
Rule .1411 ..............
Rule .1412 ..............
Rule .1413 ..............
Rule .1414 ..............
Rule .1415 ..............
Rule .1418 ..............
Definitions ............................
Applicability .........................
Compliance Schedules .......
Recordkeeping: Reporting:
Monitoring.
Boilers and Indirect-Fired
Process Heaters.
Stationary Combustion Turbines.
Stationary Internal Combustion Engines.
Emissions Averaging ...........
Seasonal Fuel Switching .....
Petition for Alternative Limitations.
Sources Not Otherwise Listed in This Section.
Tune-Up Requirements .......
Test Methods and Procedures.
New Electric Generating
Units, Large Boilers, and
Large I/C Engines.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0265; FRL–9781–02–
R4]
Air Plan Approval; North Carolina;
Charlotte-Gastonia-Rock Hill Area
Limited Maintenance Plan for the 1997
8-Hour Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a state implementation plan (SIP)
revision submitted by the State of North
Carolina, through the North Carolina
Department of Environment Quality,
SUMMARY:
18:14 Jan 12, 2023
1/13/2023,
1/13/2023,
1/13/2023,
1/13/2023,
10/1/2020
1/13/2023, [Insert citation of publication].
10/1/2020
1/13/2023, [Insert citation of publication].
10/1/2020
1/13/2023, [Insert citation of publication].
10/1/2020
10/1/2020
10/1/2020
1/13/2023, [Insert citation of publication].
1/13/2023, [Insert citation of publication].
1/13/2023, [Insert citation of publication].
10/1/2020
1/13/2023, [Insert citation of publication].
10/1/2020
10/1/2020
1/13/2023, [Insert citation of publication].
1/13/2023, [Insert citation of publication].
10/1/2020
1/13/2023, [Insert citation of publication].
*
[FR Doc. 2022–28658 Filed 1–12–23; 8:45 am]
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[Insert
[Insert
[Insert
*
citation
citation
citation
citation
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publication].
publication].
publication].
publication].
*
Division of Air Quality (DAQ), via a
letter dated December 9, 2021. The SIP
revision includes the 1997 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) Limited Maintenance Plan
(LMP) for the North Carolina portion
(hereinafter referred to as the Metrolina
Area) of the Charlotte-Gastonia-Rock
Hill NC–SC 1997 8-hour ozone
maintenance area (hereinafter referred
to as the ‘‘Charlotte NC–SC 1997 8-hour
NAAQS Area’’ or ‘‘bi-state Charlotte
Area’’). The Charlotte NC–SC 1997 8hour NAAQS Area is comprised of
Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan and Union
Counties and a portion of Iredell County
(i.e., Davidson and Coddle Creek
Townships) in North Carolina; and the
Rock Hill Metropolitan Planning
Organization boundary in York County,
South Carolina. EPA is finalizing
approval because the LMP provides for
the maintenance of the 1997 8-hour
ozone NAAQS within the Metrolina
Area through the end of the second 10-
PO 00000
of
of
of
of
Sfmt 4700
year portion of the maintenance period.
This action makes certain commitments
related to maintenance of the 1997 8hour ozone NAAQS in the Metrolina
Area federally enforceable as part of the
North Carolina SIP.
This rule is effective February
13, 2023.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0265. 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
ADDRESSES:
E:\FR\FM\13JAR1.SGM
13JAR1
2246
Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations
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, U.S. Environmental
Protection Agency, Region 4, 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.
lotter on DSK11XQN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act
(CAA or Act), EPA is approving the
Metrolina Area’s LMP for the 1997 8hour ozone NAAQS, adopted and
submitted by DAQ as a revision to the
North Carolina SIP on December 9,
2021. In 2004, the Charlotte NC–SC
1997 8-hour NAAQS Area, which
includes the Metrolina Area, was
designated as nonattainment for the
1997 8-hour ozone NAAQS.
Subsequently, in 2013, after a clean data
determination 1 and EPA’s approval of a
maintenance plan, the North Carolina
portion of the Charlotte NC–SC 1997 8hour NAAQS Area, which includes the
Metrolina Area, was redesignated to
attainment for the 1997 8-hour ozone
NAAQS. See 78 FR 72036 (December 2,
2013).
The Metrolina Area LMP is designed
to maintain the 1997 8-hour ozone
NAAQS within the Metrolina Area
through the end of the second 10-year
portion of the maintenance period
beyond redesignation. EPA is finalizing
the approval of the plan because it
meets all applicable requirements under
CAA sections 110 and 175A. As a
general matter, the Metrolina Area LMP
relies on the same control measures and
contingency provisions to maintain the
1997 8-hour ozone NAAQS during the
second 10-year portion of the
maintenance period as the maintenance
plan submitted by DAQ for the first 10year period.
In a notice of proposed rulemaking
(NPRM), published on November 21,
1 See
76 FR 70656 (November 15, 2011).
VerDate Sep<11>2014
16:24 Jan 12, 2023
Jkt 259001
2022 (87 FR 70758), EPA proposed to
approve the Area’s LMP because the
State made a showing, consistent with
EPA’s prior LMP guidance, that the
Charlotte NC–SC 1997 8-hour NAAQS
Area’s ozone concentrations are well
below the 1997 8-hour ozone NAAQS,
have been historically stable, and that it
has met all other maintenance plan
requirements. The details of North
Carolina’s submission and the rationale
for EPA’s action are explained further in
the November 21, 2022, NPRM.
Comments on the November 21, 2022,
NPRM were due on or before December
21, 2022. No comments were received
on the November 21, 2022, NPRM,
adverse or otherwise.
II. Final Action
In accordance with sections 110(k)
and 175A of the CAA, and for the
reasons set forth in the November 21,
2022, NPRM, EPA is finalizing the
Metrolina Area LMP for the 1997 8-hour
ozone NAAQS, as submitted by NCDAQ
on December 9, 2021. EPA is finalizing
the approval of the Metrolina Area LMP
because it includes an acceptable
update of various elements of the 1997
8-hour ozone NAAQS Maintenance Plan
approved by EPA for the first 10-year
period (including emissions inventory,
assurance of adequate monitoring and
verification of continued attainment,
and contingency provisions), and
retains the relevant provisions of the
SIP. EPA also finds that the Metrolina
Area qualifies for the LMP option and
that, therefore, the Metrolina Area’s
LMP adequately demonstrates
maintenance of the 1997 8-hour ozone
NAAQS through documentation of
monitoring data showing maximum
1997 8-hour ozone levels well below the
NAAQS and continuation of existing
control measures. EPA believes that the
Metrolina Area’s 1997 8-Hour Ozone
LMP is sufficient to provide for
maintenance of the 1997 8-hour ozone
NAAQS in the Metrolina Area over the
second 10-year maintenance period,
through 2034, and thereby satisfies the
requirements for such a plan under CAA
section 175A(b).
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
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
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 information
collection burdens under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having significant
economic impacts on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.);
• Does not contain any unfunded
mandates or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• 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).
This SIP revision 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
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Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations
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 March 14, 2023. 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
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.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping Requirements, Volatile
organic compounds.
Subpart II—North Carolina
2. In § 52.1770, amend the table in
paragraph (e) by adding an entry for
‘‘1997 8-hour Ozone 2nd Maintenance
Plan (Limited Maintenance Plan) for the
North Carolina portion of the bi-state
Charlotte Area’’ at the end of the table
to read as follows:
■
Dated: December 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
§ 52.1770
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
*
*
*
1997 8-hour Ozone 2nd Maintenance Plan (Limited Maintenance
Plan) for the North Carolina portion of the bi-state Charlotte Area.
EPA
approval
date
*
12/9/2021
1/13/2023
Street NW, Washington, DC 20405.
Telephone Number 202–501–1460.
[FR Doc. 2022–28664 Filed 1–12–23; 8:45 am]
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION:
GENERAL SERVICES
ADMINISTRATION
I. The Debt Collection Improvement Act
of 1996
41 CFR Part 105–70
To maintain the remedial impact of
civil monetary penalties (CMPs) and to
promote compliance with the law, the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410) was amended by the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134) and the Federal Civil
Penalties Inflation Adjustment Act
Improvement Act of 2015 (Sec. 701 of
Pub. L. 114–74) to require Federal
agencies to regularly adjust certain
CMPs for inflation. As amended, the law
requires each agency to make an initial
inflationary adjustment for all
applicable CMPs, and to make further
adjustments at least once every year
thereafter for these penalty amounts.
The Debt Collection Improvement Act of
1996 further stipulates that any
resulting increases in a CMP due to the
calculated inflation adjustments shall
apply only to violations which occur
after the date the increase takes effect,
i.e., thirty (30) days after date of
publication in the Federal Register.
Pursuant to the 2015 Act, agencies are
required to adjust the level of the CMP
with an initial ‘‘fix’’, and make
[FPMR Case 2023–01; Docket No. GSA–
FPMR–2023–0005; Sequence No. 1]
RIN 3090–AK68
Civil Monetary Penalties Inflation
Adjustment
The Office of the General
Counsel, General Services
Administration.
ACTION: Final rule.
AGENCY:
In accordance with the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996, and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015, this final rule applies the inflation
adjustments for GSA’s civil monetary
penalties.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
DATES:
Effective January 15, 2023.
Mr.
Aaron Pound, Assistant General
Counsel, General Law Division (LG),
General Services Administration, 1800 F
FOR FURTHER INFORMATION CONTACT:
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Federal Register
citation
*
[Insert Federal Register citation].
Explanation
*
subsequent annual adjustments for
inflation. Catch up adjustments are
based on the percent change between
the Consumer Price Index for Urban
Consumers (CPI–U) for the month of
October for the year of the previous
adjustment, and the October 2015 CPI–
U. Annual inflation adjustments will be
based on the percent change between
the October CPI–U preceding the date of
adjustment and the prior year’s October
CPI–U.
II. The Program Fraud Civil Remedies
Act of 1986
Sections 6103 and 6104 of the
Omnibus Budget Reconciliation Act of
1986 (Pub. L. 99–509) set forth the
Program Fraud Civil Remedies Act of
1986 (PFCRA).
Specifically, this statute imposes a
CMP and an assessment against any
person who, with knowledge or reason
to know, makes, submits, or presents a
false, fictitious, or fraudulent claim or
statement to the Government. The
General Services Administration’s
regulations, published in the Federal
Register (61 FR 246, December 20, 1996)
and codified at 41 CFR part 105–70,
currently set forth a CMP of up to
$12,100 for each false claim or
statement made to the agency. Based on
the penalty amount inflation factor
calculation, derived from originally
dividing the October 2021 CPI by the
E:\FR\FM\13JAR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2245-2247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28664]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0265; FRL-9781-02-R4]
Air Plan Approval; North Carolina; Charlotte-Gastonia-Rock Hill
Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
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, through the North Carolina Department of
Environment Quality, Division of Air Quality (DAQ), via a letter dated
December 9, 2021. The SIP revision includes the 1997 8-hour ozone
National Ambient Air Quality Standards (NAAQS) Limited Maintenance Plan
(LMP) for the North Carolina portion (hereinafter referred to as the
Metrolina Area) of the Charlotte-Gastonia-Rock Hill NC-SC 1997 8-hour
ozone maintenance area (hereinafter referred to as the ``Charlotte NC-
SC 1997 8-hour NAAQS Area'' or ``bi-state Charlotte Area''). The
Charlotte NC-SC 1997 8-hour NAAQS Area is comprised of Cabarrus,
Gaston, Lincoln, Mecklenburg, Rowan and Union Counties and a portion of
Iredell County (i.e., Davidson and Coddle Creek Townships) in North
Carolina; and the Rock Hill Metropolitan Planning Organization boundary
in York County, South Carolina. EPA is finalizing approval because the
LMP provides for the maintenance of the 1997 8-hour ozone NAAQS within
the Metrolina Area through the end of the second 10-year portion of the
maintenance period. This action makes certain commitments related to
maintenance of the 1997 8-hour ozone NAAQS in the Metrolina Area
federally enforceable as part of the North Carolina SIP.
DATES: This rule is effective February 13, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0265. 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
[[Page 2246]]
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, U.S. Environmental Protection Agency, Region 4, 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
In accordance with the Clean Air Act (CAA or Act), EPA is approving
the Metrolina Area's LMP for the 1997 8-hour ozone NAAQS, adopted and
submitted by DAQ as a revision to the North Carolina SIP on December 9,
2021. In 2004, the Charlotte NC-SC 1997 8-hour NAAQS Area, which
includes the Metrolina Area, was designated as nonattainment for the
1997 8-hour ozone NAAQS. Subsequently, in 2013, after a clean data
determination \1\ and EPA's approval of a maintenance plan, the North
Carolina portion of the Charlotte NC-SC 1997 8-hour NAAQS Area, which
includes the Metrolina Area, was redesignated to attainment for the
1997 8-hour ozone NAAQS. See 78 FR 72036 (December 2, 2013).
---------------------------------------------------------------------------
\1\ See 76 FR 70656 (November 15, 2011).
---------------------------------------------------------------------------
The Metrolina Area LMP is designed to maintain the 1997 8-hour
ozone NAAQS within the Metrolina Area through the end of the second 10-
year portion of the maintenance period beyond redesignation. EPA is
finalizing the approval of the plan because it meets all applicable
requirements under CAA sections 110 and 175A. As a general matter, the
Metrolina Area LMP relies on the same control measures and contingency
provisions to maintain the 1997 8-hour ozone NAAQS during the second
10-year portion of the maintenance period as the maintenance plan
submitted by DAQ for the first 10-year period.
In a notice of proposed rulemaking (NPRM), published on November
21, 2022 (87 FR 70758), EPA proposed to approve the Area's LMP because
the State made a showing, consistent with EPA's prior LMP guidance,
that the Charlotte NC-SC 1997 8-hour NAAQS Area's ozone concentrations
are well below the 1997 8-hour ozone NAAQS, have been historically
stable, and that it has met all other maintenance plan requirements.
The details of North Carolina's submission and the rationale for EPA's
action are explained further in the November 21, 2022, NPRM. Comments
on the November 21, 2022, NPRM were due on or before December 21, 2022.
No comments were received on the November 21, 2022, NPRM, adverse or
otherwise.
II. Final Action
In accordance with sections 110(k) and 175A of the CAA, and for the
reasons set forth in the November 21, 2022, NPRM, EPA is finalizing the
Metrolina Area LMP for the 1997 8-hour ozone NAAQS, as submitted by
NCDAQ on December 9, 2021. EPA is finalizing the approval of the
Metrolina Area LMP because it includes an acceptable update of various
elements of the 1997 8-hour ozone NAAQS Maintenance Plan approved by
EPA for the first 10-year period (including emissions inventory,
assurance of adequate monitoring and verification of continued
attainment, and contingency provisions), and retains the relevant
provisions of the SIP. EPA also finds that the Metrolina Area qualifies
for the LMP option and that, therefore, the Metrolina Area's LMP
adequately demonstrates maintenance of the 1997 8-hour ozone NAAQS
through documentation of monitoring data showing maximum 1997 8-hour
ozone levels well below the NAAQS and continuation of existing control
measures. EPA believes that the Metrolina Area's 1997 8-Hour Ozone LMP
is sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS
in the Metrolina Area over the second 10-year maintenance period,
through 2034, and thereby satisfies the requirements for such a plan
under CAA section 175A(b).
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 information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having significant economic impacts on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandates or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
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).
This SIP revision 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
[[Page 2247]]
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 March 14, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping Requirements, Volatile organic compounds.
Dated: December 30, 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, amend the table in paragraph (e) by adding an
entry for ``1997 8-hour Ozone 2nd Maintenance Plan (Limited Maintenance
Plan) for the North Carolina portion of the bi-state Charlotte Area''
at the end of the table 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 8-hour Ozone 2nd Maintenance Plan 12/9/2021 1/13/2023 [Insert Federal Register
(Limited Maintenance Plan) for the citation].
North Carolina portion of the bi-
state Charlotte Area.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-28664 Filed 1-12-23; 8:45 am]
BILLING CODE 6560-50-P
