Air Plan Approval; North Carolina; Permitting Provisions Revisions, 76737-76739 [2024-21006]
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Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Rules and Regulations
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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 12, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. In § 52.1470, in paragraph (c), table
7 is amended by revising the entry for
‘‘040.051’’ to read as follows:
■
§ 52.1470
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1. The authority citation for Part 52
continues to read as follows:
■
Identification of plan.
*
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(c) * * *
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TABLE 7—EPA-APPROVED WASHOE COUNTY REGULATIONS
Title/subject
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040.051 ..............................
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Wood-Burning Devices .....
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[FR Doc. 2024–21218 Filed 9–18–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0454; EPA–R04–
OAR–2019–0638; EPA–R04–OAR–2020–
0186; FRL–11971–02–R4]
Air Plan Approval; North Carolina;
Permitting Provisions Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is correcting the
erroneous incorporation of crossreferences into the North Carolina State
Implementation Plan (SIP) using the
Clean Air Act (CAA or Act) error
correction provision. EPA has
determined that portions of its May 23,
2019, July 17, 2020, and March 1, 2021,
final SIP rulemaking actions were in
error and that it is appropriate to correct
those actions by removing specific
cross-references in the permitting rules
from the SIP.
DATES: This rule is effective October 21,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0454. Additional supporting
materials associated with this final
action are included in Docket Nos.
SUMMARY:
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7/1/2022 [INSERT FIRST PAGE OF FEDERAL
REGISTER CITATION], 9/19/2024.
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EPA–R04–OAR–2019–0638 and EPA–
R04–OAR–2020–0186. All documents in
the docket are listed on the
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:
Steve Scofield, Multi-Air Pollutant
Coordination 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) 562–9034. Mr. Scofield can also be
reached via electronic mail at
scofield.steve@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
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explanation
EPA approval date
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Submitted on 10/4/2022.
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I. Background
On May 23, 2019, July 17, 2020, and
March 1, 2021,1 EPA approved revisions
to 15A North Carolina Administrative
Code (NCAC) 02Q .0101, 02Q .0103, and
02Q .0301 into the North Carolina SIP.2
These revisions included crossreferences to North Carolina General
Statutes (G.S.) 143–215.108 and 143–
215.108A; however, these crossreferenced provisions were not
incorporated into the SIP. EPA has
determined these prior approvals of the
cross-referenced provisions were in
error and is finalizing removal of these
cross-references from 15A NCAC
02Q.0101, 02Q.0103 and 02Q.0301 of
the SIP. Because the cross-referenced
provisions are not incorporated into the
SIP, changes to those provisions could
change the SIP without the submission
of a SIP revision and subsequent EPA
action to approve such a change, which
is inconsistent with the CAA.
Specifically, CAA section 110(l)
requires each SIP revision submitted by
a State to undergo reasonable public
notice and hearing and prevents EPA
from approving a SIP revision that
would interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of the CAA.3
1 See 84 FR 23725, 85 FR 43461, and 86 FR
11875.
2 The revisions were submitted by the North
Carolina Division of Air Quality in submissions
dated March 24, 2006, and July 10, 2019.
3 CAA sections 110(a)(1) and (2) also require each
SIP submitted by a State to undergo reasonable
public notice and hearing.
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Changes to the statutory provisions
cross-referenced in the SIP could change
the SIP without fulfilling public notice
and hearing requirements and without
EPA evaluation of the revision pursuant
to the requirements of section 7410(l)
and any other CAA requirements
applicable to the specific SIP provision
at issue.
Section 110(k)(6) of the CAA
authorizes EPA to revise a State’s SIP
when it ‘‘determines that [its] action
approving, disapproving, or
promulgating any plan or plan revision
(or part thereof) . . . was in error.’’
Once EPA has made the determination
that it erred, it ‘‘may in the same
manner as the approval, disapproval, or
promulgation revise such action as
appropriate without requiring any
further submission from the State.’’ Ala.
Envtl. Council v. EPA, 711 F.3d 1277,
1286 (11th Cir. 2013). This
determination and the basis for it must
be provided to the State and the public.
Section 110(k)(6) of the CAA has been
interpreted by courts as a ‘‘broad
provision [that] was enacted to provide
the EPA with an avenue to correct its
own erroneous actions and grant the
EPA the discretion to decide when to
act pursuant to the provision.’’ Miss.
Comm’n on Envtl. Quality v. EPA, 790
F.3d 138, 150 (D.C. Cir. 2015). EPA can
take action under section 110(k)(6) to
correct an error only if the error existed
at the time the SIP was originally
approved. See Texas v. EPA, 726 F.3d
180, 204 (D.C. Cir. 2013) (Kavanaugh, J.,
dissenting).
Through a notice of proposed
rulemaking (NPRM) published on May
28, 2024 (89 FR 46049), EPA proposed
to correct the erroneous incorporation of
certain cross-references into 15A NCAC
02Q Section .0101, Required Air Quality
Permits; .0103, Definitions; and .0301,
Applicability of the North Carolina SIP.
EPA’s rationale for removing the cross
references is described in the May 28,
2024, NPRM. Comments on the May 28,
2024, NPRM were due on or before June
27, 2024. One comment was received on
the NPRM and is addressed below.
II. Response to Comments
EPA received one comment from the
North Carolina Department of
Environmental Quality (NCDEQ)’s
Division of Air Quality (DAQ), regarding
the May 28, 2024, NPRM. The comment
is provided in the docket for this final
action. EPA has summarized and
responded to the comment below.
Comment: North Carolina DAQ (NC
DAQ) supports EPA’s proposal and
‘‘recommends that the EPA proceed
with its error correction regarding its
prior approvals of the phrases
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referencing the North Carolina General
Statutes.’’ The commenter further
suggests that EPA also correct the first
line of 15A NCAC 02Q .0103 by
removing references to G.S. 143–212
and G.S. 143–213.
Response: EPA acknowledges NC
DAQ’s suggestion and will consider
future action(s) to address the first line
of 15A NCAC 02Q .0103 and other
instances where there are cross
references to statutory or regulatory
provisions that are outside the SIP.
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, and as discussed in section I of
this preamble, EPA is finalizing the
incorporation by reference of 15A NCAC
Section 02Q Rule .0101, Required Air
Quality Permits, except for the phrase
‘‘With the exception allowed by G.S.
143–215.108A’’ in paragraph (b); Rule
.0103, Definitions, except for the phrase
‘‘pursuant to G.S. 143–215.108’’ in
subparagraph (9)(d); and Rule .0301,
Applicability, except for the phrase ‘‘or
as allowed pursuant G.S. 143–
215.108A’’ in paragraph (a), all stateeffective April 1, 2018. 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
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.4
IV. Final Action
Pursuant to the error correction
provision of section 110(k)(6) of the
CAA, EPA is finalizing the removal of
portions of 15A NCAC Section 02Q
.0101, Required Air Quality Permits,
Section 02Q .0103, Definitions, and
Section 02Q .0301, Applicability, with
the cross-references to North Carolina
General Statutes as discussed above
because the inclusion of these crossreferences in the SIP is inconsistent
with the CAA.
4 See
PO 00000
62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
In addition, 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 rulemaking does not
have Tribal implications and will not
impose substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
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agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ EPA further defines the term
fair treatment to mean that ‘‘no group of
people should bear a disproportionate
burden of environmental harms and
risks, including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
EPA did not perform an EJ analysis
and did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for communities with EJ
concerns.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 18,
2024. 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).
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 11, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. In § 52.1770, amend table in
paragraph (c)(1) by revising the entries
for ‘‘Rule .0101’’, ‘‘Rule .0103’’, and
‘‘Rule .0301’’ to read as follows:
■
§ 52.1770
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
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Identification of plan.
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(c) * * *
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(1) EPA-APPROVED NORTH CAROLINA REGULATIONS
State citation
State effective
date
Title/subject
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EPA approval date
*
Explanation
*
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*
Subchapter 02Q Air Quality Permits
Section .0100 General Provisions
Rule .0101 ........................
Required Air Quality Permits.
4/1/2018
9/19/2024, [Insert first
page of Federal Register citation].
Except for the phrase ‘‘With the exception
allowed by G.S. 143–215.108A’’ in
paragraph (b).
*
Rule .0103 ........................
*
*
Definitions ........................
*
*
4/1/2018 9/19/2024, [Insert first
page of Federal Register citation].
*
*
Except for the phrase ‘‘pursuant to G.S.
143–215.108’’ in subparagraph (9)(d).
*
*
*
*
Section .0300
Rule .0301 ........................
*
*
*
*
*
*
*
4/1/2018
9/19/2024, [Insert first
page of Federal Register citation].
*
Except for the phrase ‘‘or as allowed pursuant to G.S. 143–215.108A’’ in paragraph (a).
*
*
*
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Construction and Operating Permits
Applicability ......................
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]]>Agencies
[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Rules and Regulations]
[Pages 76737-76739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21006]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0454; EPA-R04-OAR-2019-0638; EPA-R04-OAR-2020-0186;
FRL-11971-02-R4]
Air Plan Approval; North Carolina; Permitting Provisions
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is correcting the
erroneous incorporation of cross-references into the North Carolina
State Implementation Plan (SIP) using the Clean Air Act (CAA or Act)
error correction provision. EPA has determined that portions of its May
23, 2019, July 17, 2020, and March 1, 2021, final SIP rulemaking
actions were in error and that it is appropriate to correct those
actions by removing specific cross-references in the permitting rules
from the SIP.
DATES: This rule is effective October 21, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0454. Additional supporting
materials associated with this final action are included in Docket Nos.
EPA-R04-OAR-2019-0638 and EPA-R04-OAR-2020-0186. All documents in the
docket are listed on the 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: Steve Scofield, Multi-Air Pollutant
Coordination 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) 562-9034. Mr. Scofield can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 23, 2019, July 17, 2020, and March 1, 2021,\1\ EPA approved
revisions to 15A North Carolina Administrative Code (NCAC) 02Q .0101,
02Q .0103, and 02Q .0301 into the North Carolina SIP.\2\ These
revisions included cross-references to North Carolina General Statutes
(G.S.) 143-215.108 and 143-215.108A; however, these cross-referenced
provisions were not incorporated into the SIP. EPA has determined these
prior approvals of the cross-referenced provisions were in error and is
finalizing removal of these cross-references from 15A NCAC 02Q.0101,
02Q.0103 and 02Q.0301 of the SIP. Because the cross-referenced
provisions are not incorporated into the SIP, changes to those
provisions could change the SIP without the submission of a SIP
revision and subsequent EPA action to approve such a change, which is
inconsistent with the CAA. Specifically, CAA section 110(l) requires
each SIP revision submitted by a State to undergo reasonable public
notice and hearing and prevents EPA from approving a SIP revision that
would interfere with any applicable requirement concerning attainment
and reasonable further progress, or any other applicable requirement of
the CAA.\3\
[[Page 76738]]
Changes to the statutory provisions cross-referenced in the SIP could
change the SIP without fulfilling public notice and hearing
requirements and without EPA evaluation of the revision pursuant to the
requirements of section 7410(l) and any other CAA requirements
applicable to the specific SIP provision at issue.
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\1\ See 84 FR 23725, 85 FR 43461, and 86 FR 11875.
\2\ The revisions were submitted by the North Carolina Division
of Air Quality in submissions dated March 24, 2006, and July 10,
2019.
\3\ CAA sections 110(a)(1) and (2) also require each SIP
submitted by a State to undergo reasonable public notice and
hearing.
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Section 110(k)(6) of the CAA authorizes EPA to revise a State's SIP
when it ``determines that [its] action approving, disapproving, or
promulgating any plan or plan revision (or part thereof) . . . was in
error.'' Once EPA has made the determination that it erred, it ``may in
the same manner as the approval, disapproval, or promulgation revise
such action as appropriate without requiring any further submission
from the State.'' Ala. Envtl. Council v. EPA, 711 F.3d 1277, 1286 (11th
Cir. 2013). This determination and the basis for it must be provided to
the State and the public. Section 110(k)(6) of the CAA has been
interpreted by courts as a ``broad provision [that] was enacted to
provide the EPA with an avenue to correct its own erroneous actions and
grant the EPA the discretion to decide when to act pursuant to the
provision.'' Miss. Comm'n on Envtl. Quality v. EPA, 790 F.3d 138, 150
(D.C. Cir. 2015). EPA can take action under section 110(k)(6) to
correct an error only if the error existed at the time the SIP was
originally approved. See Texas v. EPA, 726 F.3d 180, 204 (D.C. Cir.
2013) (Kavanaugh, J., dissenting).
Through a notice of proposed rulemaking (NPRM) published on May 28,
2024 (89 FR 46049), EPA proposed to correct the erroneous incorporation
of certain cross-references into 15A NCAC 02Q Section .0101, Required
Air Quality Permits; .0103, Definitions; and .0301, Applicability of
the North Carolina SIP. EPA's rationale for removing the cross
references is described in the May 28, 2024, NPRM. Comments on the May
28, 2024, NPRM were due on or before June 27, 2024. One comment was
received on the NPRM and is addressed below.
II. Response to Comments
EPA received one comment from the North Carolina Department of
Environmental Quality (NCDEQ)'s Division of Air Quality (DAQ),
regarding the May 28, 2024, NPRM. The comment is provided in the docket
for this final action. EPA has summarized and responded to the comment
below.
Comment: North Carolina DAQ (NC DAQ) supports EPA's proposal and
``recommends that the EPA proceed with its error correction regarding
its prior approvals of the phrases referencing the North Carolina
General Statutes.'' The commenter further suggests that EPA also
correct the first line of 15A NCAC 02Q .0103 by removing references to
G.S. 143-212 and G.S. 143-213.
Response: EPA acknowledges NC DAQ's suggestion and will consider
future action(s) to address the first line of 15A NCAC 02Q .0103 and
other instances where there are cross references to statutory or
regulatory provisions that are outside the SIP.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in section I of this preamble, EPA is finalizing
the incorporation by reference of 15A NCAC Section 02Q Rule .0101,
Required Air Quality Permits, except for the phrase ``With the
exception allowed by G.S. 143-215.108A'' in paragraph (b); Rule .0103,
Definitions, except for the phrase ``pursuant to G.S. 143-215.108'' in
subparagraph (9)(d); and Rule .0301, Applicability, except for the
phrase ``or as allowed pursuant G.S. 143-215.108A'' in paragraph (a),
all state-effective April 1, 2018. 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 State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of 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).
---------------------------------------------------------------------------
IV. Final Action
Pursuant to the error correction provision of section 110(k)(6) of
the CAA, EPA is finalizing the removal of portions of 15A NCAC Section
02Q .0101, Required Air Quality Permits, Section 02Q .0103,
Definitions, and Section 02Q .0301, Applicability, with the cross-
references to North Carolina General Statutes as discussed above
because the inclusion of these cross-references in the SIP is
inconsistent with the CAA.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, 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 rulemaking does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
[[Page 76739]]
agencies to identify and address ``disproportionately high and adverse
human health or environmental effects'' of their actions on communities
with environmental justice (EJ) concerns to the greatest extent
practicable and permitted by law. EPA defines EJ as ``the fair
treatment and meaningful involvement of all people regardless of race,
color, national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
EPA did not perform an EJ analysis and did not consider EJ in this
action. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving EJ for communities with EJ concerns.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 18, 2024. 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 11, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
0
2. In Sec. 52.1770, amend table in paragraph (c)(1) by revising the
entries for ``Rule .0101'', ``Rule .0103'', and ``Rule .0301'' 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 02Q Air Quality Permits
Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Rule .0101...................... Required Air 4/1/2018 9/19/2024, [Insert Except for the
Quality Permits. first page of phrase ``With the
Federal Register exception allowed
citation]. by G.S. 143-
215.108A'' in
paragraph (b).
* * * * * * *
Rule .0103...................... Definitions........ 4/1/2018 9/19/2024, [Insert Except for the
first page of phrase ``pursuant
Federal Register to G.S. 143-
citation]. 215.108'' in
subparagraph
(9)(d).
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Rule .0301...................... Applicability...... 4/1/2018 9/19/2024, [Insert Except for the
first page of phrase ``or as
Federal Register allowed pursuant to
citation]. G.S. 143-215.108A''
in paragraph (a).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-21006 Filed 9-18-24; 8:45 am]
BILLING CODE 6560-50-P
