80_FR_12388 80 FR 12343 - Approval and Promulgation of Implementation Plans; North Carolina Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards

80 FR 12343 - Approval and Promulgation of Implementation Plans; North Carolina Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range12343-12345
FR Document2015-05242

The Environmental Protection Agency (EPA) is taking final action to approve a portion of the July 20, 2012, State Implementation Plan (SIP) submission, provided by the North Carolina Department of Environment and Natural Resources (NC DENR), Division of Air Quality (NCDAQ) for inclusion into the North Carolina SIP. This final action pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 Lead national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. NCDAQ certified that the North Carolina SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, enforced, and maintained in North Carolina. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting and state board requirements, EPA is taking final action to approve North Carolina's infrastructure SIP submission, provided to EPA on July 20, 2012, because it addresses the required infrastructure elements for the 2008 Lead NAAQS.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Rules and Regulations]
[Pages 12343-12345]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05242]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0444; FRL 9924-16-Region 4]


Approval and Promulgation of Implementation Plans; North Carolina 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a portion of the July 20, 2012, State Implementation 
Plan (SIP) submission, provided by the North Carolina Department of 
Environment and Natural Resources (NC DENR), Division of Air Quality 
(NCDAQ) for inclusion into the North Carolina SIP. This final action 
pertains to the Clean Air Act (CAA or the Act) infrastructure 
requirements for the 2008 Lead national ambient air quality standards 
(NAAQS). The CAA requires that each state adopt and submit a SIP for 
the implementation, maintenance, and enforcement of each NAAQS 
promulgated by EPA, which is commonly referred to as an 
``infrastructure'' SIP. NCDAQ certified that the North Carolina SIP 
contains provisions that ensure the 2008 Lead NAAQS is implemented, 
enforced, and maintained in North Carolina. With the exception of 
provisions pertaining to prevention of significant deterioration (PSD) 
permitting and state board requirements, EPA is taking final action to 
approve North Carolina's infrastructure SIP submission, provided to EPA 
on July 20, 2012, because it addresses the required infrastructure 
elements for the 2008 Lead NAAQS.

DATES: This rule is effective on April 8, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0444. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not 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 (formerly the Regulatory 
Development Section), Air Planning and Implementation Branch (formerly 
the Air Planning Branch), Air, Pesticides and Toxics Management 
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: Zuri Farngalo, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9152. Mr. Farngalo can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. Section 110(a) of the 
CAA generally requires states to make a SIP submission to meet 
applicable requirements in order to provide for the implementation, 
maintenance, and enforcement of a new or revised NAAQS within three 
years following the promulgation of such NAAQS, or within such shorter 
period as EPA may prescribe. These SIP submissions are commonly 
referred to as ``infrastructure'' SIP submissions. Section 110(a) 
imposes the obligation upon states to make an infrastructure SIP 
submission to EPA for a new or revised NAAQS, but the contents of that 
submission may vary depending upon the facts and circumstances. In 
particular, the data and analytical tools available at the time the 
state develops and submits the infrastructure SIP for a new or revised 
NAAQS affect the content of the submission. The contents of such 
infrastructure SIP submissions may also vary depending upon what 
provisions the state's existing SIP already contains. In the case of 
the 2008 Lead NAAQS, states typically have met the basic program 
elements required in section 110(a)(2) through earlier SIP submissions 
in connection with previous lead NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for infrastructure SIP requirements related to a 
newly established or revised NAAQS. As mentioned above, these 
requirements include basic structural SIP elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The applicable infrastructure 
SIP requirements that are the subject of this rulemaking are listed 
below.\1\
---------------------------------------------------------------------------

    \1\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather due at the time the nonattainment area 
plan requirements are due pursuant to other provisions of the CAA 
for submission of SIP revisions specifically applicable for 
attainment planning purposes. These requirements are: (1) 
Submissions required by section 110(a)(2)(C) to the extent that 
subsection refers to a permit program as required in part D Title I 
of the CAA; and (2) submissions required by section 110(a)(2)(I) 
which pertain to the nonattainment planning requirements of part D, 
Title I of the CAA. Today's proposed rulemaking does not address 
infrastructure elements related to section 110(a)(2)(I) or the 
nonattainment planning requirements of 110(a)(2)(C).

 110(a)(2)(A): Emission limits and other control measures.
 110(a)(2)(B): Ambient air quality monitoring/data system.

[[Page 12344]]

 110(a)(2)(C): Program for enforcement, prevention of 
significant deterioration (PSD) and new source review (NSR).\2\
---------------------------------------------------------------------------

    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
---------------------------------------------------------------------------

 110(a)(2)(D): Interstate and international transport 
provisions.
 110(a)(2)(E): Adequate personnel, funding, and authority.
 110(a)(2)(F): Stationary source monitoring and reporting.
 110(a)(2)(G): Emergency episodes.
 110(a)(2)(H): Future SIP revisions.
 110(a)(2)(J): Consultation with government officials, public 
notification, and PSD and visibility protection.
 110(a)(2)(K): Air quality modeling/data.
 110(a)(2)(L): Permitting fees.
 110(a)(2)(M): Consultation/participation by affected local 
entities.

    On November 20, 2014, EPA proposed to approve North Carolina's July 
20, 2012, 2008 Lead NAAQS infrastructure SIP submission with the 
exception of preconstruction PSD permitting requirements for major 
sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) and the 
state board requirements of 110(E)(ii), which EPA will address in a 
separate action. See 79 FR 69082.

II. Today's Action

    In this rulemaking, EPA is taking final action to approve North 
Carolina's July 20, 2012, infrastructure submission as demonstrating 
that the State meets the applicable requirements of sections 110(a)(1) 
and (2) of the CAA for the 2008 Lead NAAQS, with the exception of 
preconstruction PSD permitting requirements for major sources of 
sections 110(a)(2)(C), prong 3 of D(i), and (J); and the state board 
requirements of 110(E)(ii). EPA will act on these portions of North 
Carolina's July 20, 2012, submission in a separate action.

III. Final Action

    With the exception of provisions pertaining to preconstruction PSD 
permitting requirements for major sources of sections 110(a)(2)(C), 
prong 3 of D(i), and (J); and the state board requirements of 
110(E)(ii), EPA is approving North Carolina's July 20, 2012, 
infrastructure submission because it addresses the required 
infrastructure elements for the 2008 Lead NAAQS. This submission 
addresses infrastructure requirements for the 2008 Lead NAAQS for the 
North Carolina SIP. With the exceptions noted above, NC DENR has 
addressed the elements of the CAA 110(a)(1) and (2) SIP requirements to 
ensure that the 2008 Lead NAAQS is implemented, enforced, and 
maintained in North Carolina.

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. 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 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).
    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 rule 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).
    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 May 8, 2015. 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, Lead, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 20, 2015.
 Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended 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. Section 52.1770(e), the table is amended by adding an entry 
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 
National Ambient Air Quality Standards'' at the end of the table to 
read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

[[Page 12345]]



                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        State       EPA  approval    Federal Register
            Provision              effective date       date             citation              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure        6/15/2012        3/9/2015  [Insert Federal      With the exception of
 Requirements for the 2008 Lead                                     Register citation].  PSD permitting
 National Ambient Air Quality                                                            requirements for major
 Standards.                                                                              sources of sections
                                                                                         110(a)(2)(C), prong 3
                                                                                         of D(i), and (J) and
                                                                                         the state board
                                                                                         requirements of
                                                                                         110(E)(ii).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-05242 Filed 3-6-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations                                                   12343

                                             time within which a petition for judicial               maintained in North Carolina. With the                requires states to make a SIP submission
                                             review may be filed, and shall not                      exception of provisions pertaining to                 to meet applicable requirements in
                                             postpone the effectiveness of such rule                 prevention of significant deterioration               order to provide for the implementation,
                                             or action. This action may not be                       (PSD) permitting and state board                      maintenance, and enforcement of a new
                                             challenged later in proceedings to                      requirements, EPA is taking final action              or revised NAAQS within three years
                                             enforce its requirements. See CAA                       to approve North Carolina’s                           following the promulgation of such
                                             section 307(b)(2).                                      infrastructure SIP submission, provided               NAAQS, or within such shorter period
                                                                                                     to EPA on July 20, 2012, because it                   as EPA may prescribe. These SIP
                                             List of Subjects                                        addresses the required infrastructure                 submissions are commonly referred to
                                             40 CFR Part 52                                          elements for the 2008 Lead NAAQS.                     as ‘‘infrastructure’’ SIP submissions.
                                               Environmental protection, Air                         DATES: This rule is effective on April 8,             Section 110(a) imposes the obligation
                                             pollution control, Incorporation by                     2015.                                                 upon states to make an infrastructure
                                             reference, Intergovernmental relations,                 ADDRESSES: EPA has established a                      SIP submission to EPA for a new or
                                             Reporting and recordkeeping                             docket for this action under Docket                   revised NAAQS, but the contents of that
                                             requirements, and Particulate matter.                   Identification No. EPA–R04–OAR–                       submission may vary depending upon
                                                                                                     2014–0444. All documents in the docket                the facts and circumstances. In
                                             40 CFR Part 81                                          are listed on the www.regulations.gov                 particular, the data and analytical tools
                                               Environmental protection, Air                         Web site. Although listed in the index,               available at the time the state develops
                                             pollution control, National parks,                      some information is not publicly                      and submits the infrastructure SIP for a
                                             Wilderness areas.                                       available, i.e., Confidential Business                new or revised NAAQS affect the
                                                Authority: 42 U.S.C. 7401 et seq.                    Information or other information whose                content of the submission. The contents
                                                                                                     disclosure is restricted by statute.                  of such infrastructure SIP submissions
                                               Dated: February 13, 2015.                             Certain other material, such as
                                             V. Anne Heard,
                                                                                                                                                           may also vary depending upon what
                                                                                                     copyrighted material, is not placed on                provisions the state’s existing SIP
                                             Acting Regional Administrator, Region 4.                the Internet and will be publicly
                                                                                                                                                           already contains. In the case of the 2008
                                             [FR Doc. 2015–05071 Filed 3–6–15; 8:45 am]              available only in hard copy form.
                                                                                                                                                           Lead NAAQS, states typically have met
                                             BILLING CODE 6560–50–P                                  Publicly available docket materials are
                                                                                                                                                           the basic program elements required in
                                                                                                     available either electronically through
                                                                                                     www.regulations.gov or in hard copy at                section 110(a)(2) through earlier SIP
                                             ENVIRONMENTAL PROTECTION                                the Air Regulatory Management Section                 submissions in connection with
                                             AGENCY                                                  (formerly the Regulatory Development                  previous lead NAAQS.
                                                                                                     Section), Air Planning and                               More specifically, section 110(a)(1)
                                             40 CFR Part 52                                          Implementation Branch (formerly the                   provides the procedural and timing
                                             [EPA–R04–OAR–2014–0444; FRL 9924–16–                    Air Planning Branch), Air, Pesticides                 requirements for SIPs. Section 110(a)(2)
                                             Region 4]                                               and Toxics Management Division, U.S.                  lists specific elements that states must
                                                                                                     Environmental Protection Agency,                      meet for infrastructure SIP requirements
                                             Approval and Promulgation of                            Region 4, 61 Forsyth Street SW.,                      related to a newly established or revised
                                             Implementation Plans; North Carolina                    Atlanta, Georgia 30303–8960. EPA                      NAAQS. As mentioned above, these
                                             Infrastructure Requirements for the                     requests that if at all possible, you                 requirements include basic structural
                                             2008 Lead National Ambient Air Quality                  contact the person listed in the FOR                  SIP elements such as modeling,
                                             Standards                                               FURTHER INFORMATION CONTACT section to                monitoring, and emissions inventories
                                                                                                     schedule your inspection. The Regional                that are designed to assure attainment
                                             AGENCY:  Environmental Protection
                                                                                                     Office’s official hours of business are               and maintenance of the NAAQS. The
                                             Agency (EPA).
                                                                                                     Monday through Friday, 8:30 a.m. to                   applicable infrastructure SIP
                                             ACTION: Final rule.
                                                                                                     4:30 p.m. excluding federal holidays.                 requirements that are the subject of this
                                             SUMMARY:   The Environmental Protection                 FOR FURTHER INFORMATION CONTACT: Zuri                 rulemaking are listed below.1
                                             Agency (EPA) is taking final action to                  Farngalo, Air Regulatory Management
                                                                                                                                                           • 110(a)(2)(A): Emission limits and
                                             approve a portion of the July 20, 2012,                 Section, Air Planning and
                                                                                                                                                             other control measures.
                                             State Implementation Plan (SIP)                         Implementation Branch, Air, Pesticides
                                             submission, provided by the North                       and Toxics Management Division, U.S.                  • 110(a)(2)(B): Ambient air quality
                                             Carolina Department of Environment                      Environmental Protection Agency,                        monitoring/data system.
                                             and Natural Resources (NC DENR),                        Region 4, 61 Forsyth Street SW.,
                                             Division of Air Quality (NCDAQ) for                     Atlanta, Georgia 30303–8960. The                        1 Two elements identified in section 110(a)(2) are

                                                                                                     telephone number is (404) 562–9152.                   not governed by the three year submission deadline
                                             inclusion into the North Carolina SIP.                                                                        of section 110(a)(1) because SIPs incorporating
                                             This final action pertains to the Clean                 Mr. Farngalo can be reached via                       necessary local nonattainment area controls are not
                                             Air Act (CAA or the Act) infrastructure                 electronic mail at farngalo.zuri@                     due within three years after promulgation of a new
                                             requirements for the 2008 Lead national                 epa.gov.                                              or revised NAAQS, but rather due at the time the
                                                                                                                                                           nonattainment area plan requirements are due
                                             ambient air quality standards (NAAQS).                  SUPPLEMENTARY INFORMATION:                            pursuant to other provisions of the CAA for
                                             The CAA requires that each state adopt                                                                        submission of SIP revisions specifically applicable
                                             and submit a SIP for the                                I. Background                                         for attainment planning purposes. These
                                             implementation, maintenance, and                           Upon promulgation of a new or                      requirements are: (1) Submissions required by
                                                                                                                                                           section 110(a)(2)(C) to the extent that subsection
                                             enforcement of each NAAQS                               revised NAAQS, sections 110(a)(1) and
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                                                                                                                                                           refers to a permit program as required in part D
                                             promulgated by EPA, which is                            (2) of the CAA require states to address              Title I of the CAA; and (2) submissions required by
                                             commonly referred to as an                              basic SIP requirements, including                     section 110(a)(2)(I) which pertain to the
                                             ‘‘infrastructure’’ SIP. NCDAQ certified                 emissions inventories, monitoring, and                nonattainment planning requirements of part D,
                                                                                                                                                           Title I of the CAA. Today’s proposed rulemaking
                                             that the North Carolina SIP contains                    modeling to assure attainment and                     does not address infrastructure elements related to
                                             provisions that ensure the 2008 Lead                    maintenance for that new NAAQS.                       section 110(a)(2)(I) or the nonattainment planning
                                             NAAQS is implemented, enforced, and                     Section 110(a) of the CAA generally                   requirements of 110(a)(2)(C).



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                                             12344                Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations

                                             • 110(a)(2)(C): Program for enforcement,                 SIP. With the exceptions noted above,                 practicable and legally permissible
                                                prevention of significant deterioration               NC DENR has addressed the elements of                 methods, under Executive Order 12898
                                                (PSD) and new source review (NSR).2                   the CAA 110(a)(1) and (2) SIP                         (59 FR 7629, February 16, 1994).
                                             • 110(a)(2)(D): Interstate and                           requirements to ensure that the 2008                     In addition, the SIP is not approved
                                                international transport provisions.                   Lead NAAQS is implemented, enforced,                  to apply on any Indian reservation land
                                             • 110(a)(2)(E): Adequate personnel,                      and maintained in North Carolina.                     or in any other area where EPA or an
                                                funding, and authority.                                                                                     Indian tribe has demonstrated that a
                                             • 110(a)(2)(F): Stationary source                        IV. Statutory and Executive Order
                                                                                                                                                            tribe has jurisdiction. In those areas of
                                                monitoring and reporting.                             Reviews
                                                                                                                                                            Indian country, the rule does not have
                                             • 110(a)(2)(G): Emergency episodes.                         Under the CAA, the Administrator is                tribal implications and will not impose
                                             • 110(a)(2)(H): Future SIP revisions.                    required to approve a SIP submission                  substantial direct costs on tribal
                                             • 110(a)(2)(J): Consultation with                        that complies with the provisions of the              governments or preempt tribal law as
                                                government officials, public                          Act and applicable Federal regulations.               specified by Executive Order 13175 (65
                                                notification, and PSD and visibility                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                   FR 67249, November 9, 2000).
                                                protection.                                           Thus, in reviewing SIP submissions,                      Under section 307(b)(1) of the CAA,
                                             • 110(a)(2)(K): Air quality modeling/                    EPA’s role is to approve state choices,               petitions for judicial review of this
                                                data.                                                 provided that they meet the criteria of               action must be filed in the United States
                                             • 110(a)(2)(L): Permitting fees.                         the CAA. Accordingly, this action                     Court of Appeals for the appropriate
                                             • 110(a)(2)(M): Consultation/                            merely approves state law as meeting                  circuit by May 8, 2015. Filing a petition
                                                participation by affected local entities.             Federal requirements and does not                     for reconsideration by the Administrator
                                                On November 20, 2014, EPA proposed                    impose additional requirements beyond                 of this final rule does not affect the
                                             to approve North Carolina’s July 20,                     those imposed by state law. For that                  finality of this action for the purposes of
                                             2012, 2008 Lead NAAQS infrastructure                     reason, this action:                                  judicial review nor does it extend the
                                             SIP submission with the exception of                        • Is not a significant regulatory action           time within which a petition for judicial
                                             preconstruction PSD permitting                           subject to review by the Office of                    review may be filed, and shall not
                                             requirements for major sources of                        Management and Budget under                           postpone the effectiveness of such rule
                                             sections 110(a)(2)(C), prong 3 of D(i),                  Executive Orders 12866 (58 FR 51735,                  or action. This action may not be
                                             and (J) and the state board requirements                 October 4, 1993) and 13563 (76 FR 3821,               challenged later in proceedings to
                                             of 110(E)(ii), which EPA will address in                 January 21, 2011);                                    enforce its requirements. See section
                                             a separate action. See 79 FR 69082.                         • does not impose an information                   307(b)(2).
                                                                                                      collection burden under the provisions
                                             II. Today’s Action                                       of the Paperwork Reduction Act (44                    List of Subjects in 40 CFR Part 52
                                               In this rulemaking, EPA is taking final                U.S.C. 3501 et seq.);                                   Environmental protection, Air
                                             action to approve North Carolina’s July                     • is certified as not having a                     pollution control, Incorporation by
                                             20, 2012, infrastructure submission as                   significant economic impact on a                      reference, Intergovernmental relations,
                                             demonstrating that the State meets the                   substantial number of small entities                  Lead, Reporting and recordkeeping
                                             applicable requirements of sections                      under the Regulatory Flexibility Act                  requirements, Volatile organic
                                             110(a)(1) and (2) of the CAA for the                     (5 U.S.C. 601 et seq.);                               compounds.
                                             2008 Lead NAAQS, with the exception                         • does not contain any unfunded
                                                                                                                                                              Dated: February 20, 2015.
                                             of preconstruction PSD permitting                        mandate or significantly or uniquely
                                                                                                      affect small governments, as described                Heather McTeer Toney,
                                             requirements for major sources of
                                             sections 110(a)(2)(C), prong 3 of D(i),                  in the Unfunded Mandates Reform Act                   Regional Administrator, Region 4.
                                             and (J); and the state board requirements                of 1995 (Pub. L. 104–4);                                  40 CFR part 52 is amended as follows:
                                             of 110(E)(ii). EPA will act on these                        • does not have Federalism
                                             portions of North Carolina’s July 20,                    implications as specified in Executive                PART 52—APPROVAL AND
                                             2012, submission in a separate action.                   Order 13132 (64 FR 43255, August 10,                  PROMULGATION OF
                                                                                                      1999);                                                IMPLEMENTATION PLANS
                                             III. Final Action                                           • is not an economically significant
                                                With the exception of provisions                      regulatory action based on health or                  ■ 1. The authority citation for part 52
                                             pertaining to preconstruction PSD                        safety risks subject to Executive Order               continues to read as follows:
                                             permitting requirements for major                        13045 (62 FR 19885, April 23, 1997);                      Authority: 42 U.S.C. 7401 et seq.
                                             sources of sections 110(a)(2)(C), prong 3                   • is not a significant regulatory action
                                             of D(i), and (J); and the state board                    subject to Executive Order 13211 (66 FR               Subpart II—North Carolina
                                             requirements of 110(E)(ii), EPA is                       28355, May 22, 2001);
                                             approving North Carolina’s July 20,                         • is not subject to requirements of                ■ 2. Section 52.1770(e), the table is
                                             2012, infrastructure submission because                  Section 12(d) of the National                         amended by adding an entry ‘‘110(a)(1)
                                             it addresses the required infrastructure                 Technology Transfer and Advancement                   and (2) Infrastructure Requirements for
                                             elements for the 2008 Lead NAAQS.                        Act of 1995 (15 U.S.C. 272 note) because              the 2008 Lead National Ambient Air
                                             This submission addresses                                application of those requirements would               Quality Standards’’ at the end of the
                                             infrastructure requirements for the 2008                 be inconsistent with the CAA; and                     table to read as follows:
                                             Lead NAAQS for the North Carolina                           • does not provide EPA with the
                                                                                                      discretionary authority to address, as                § 52.1770    Identification of plan.
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                                               2 This rulemaking only addresses requirements          appropriate, disproportionate human                   *       *    *      *     *
                                             for this element as they relate to attainment areas.     health or environmental effects, using                    (e) * * *




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                                                                  Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations                                               12345

                                                                                   EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
                                                                                  State                EPA
                                                      Provision                                                         Federal Register citation                          Explanation
                                                                              effective date       approval date


                                                       *                       *                       *                           *                   *                      *                    *
                                             110(a)(1) and (2) Infra-               6/15/2012              3/9/2015     [Insert Federal Register       With the exception of PSD permitting requirements
                                               structure Requirements                                                      citation].                    for major sources of sections 110(a)(2)(C), prong
                                               for the 2008 Lead Na-                                                                                     3 of D(i), and (J) and the state board requirements
                                               tional Ambient Air Qual-                                                                                  of 110(E)(ii).
                                               ity Standards.



                                             [FR Doc. 2015–05242 Filed 3–6–15; 8:45 am]                 A. www.regulations.gov. Follow the                   the use of special characters, any form
                                             BILLING CODE 6560–50–P                                  on-line instructions for submitting                     of encryption, and be free of any defects
                                                                                                     comments.                                               or viruses.
                                                                                                        B. Email: powers.marilyn@epa.gov.                       Docket: All documents in the
                                             ENVIRONMENTAL PROTECTION                                   C. Mail: EPA–R03–OAR–2014–0903,                      electronic docket are listed in the
                                             AGENCY                                                  Marilyn Powers, Acting Associate                        www.regulations.gov index. Although
                                                                                                     Director, Office of Air Program                         listed in the index, some information is
                                             40 CFR Part 52                                          Planning, Air Protection Division,                      not publicly available, i.e., CBI or other
                                                                                                     Mailcode 3AP30, U.S. Environmental                      information whose disclosure is
                                             [EPA–R03–OAR–2014–0903; FRL–9924–02–                    Protection Agency, Region III, 1650                     restricted by statute. Certain other
                                             Region 3]                                               Arch Street, Philadelphia, Pennsylvania                 material, such as copyrighted material,
                                                                                                     19103.                                                  is not placed on the Internet and will be
                                             Approval and Promulgation of Air                           D. Hand Delivery: At the previously-                 publicly available only in hard copy
                                             Quality Implementation Plans; West                      listed EPA Region III address. Such                     form. Publicly available docket
                                             Virginia; State Boards Requirements;                    deliveries are only accepted during the                 materials are available either
                                             Infrastructure Requirements for the                     Docket’s normal hours of operation, and                 electronically in www.regulations.gov or
                                             2008 Ozone, 2010 Nitrogen Dioxide,                      special arrangements should be made                     in hard copy during normal business
                                             and 2010 Sulfur Dioxide National                        for deliveries of boxed information.                    hours at the Air Protection Division,
                                             Ambient Air Quality Standards                              Instructions: Direct your comments to                U.S. Environmental Protection Agency,
                                             AGENCY: Environmental Protection                        Docket ID No. EPA–R03–OAR–2014–                         Region III, 1650 Arch Street,
                                             Agency.                                                 0903. EPA’s policy is that all comments                 Philadelphia, Pennsylvania 19103.
                                                                                                     received will be included in the public                 Copies of the State submittal are
                                             ACTION: Direct final rule.                              docket without change, and may be                       available at the West Virginia
                                                                                                     made available online at                                Department of Environmental
                                             SUMMARY:   The Environmental Protection
                                                                                                     www.regulations.gov, including any                      Protection, Division of Air Quality, 601
                                             Agency (EPA) is taking direct final
                                                                                                     personal information provided, unless                   57th Street SE., Charleston, WV 25304.
                                             action to approve revisions to the West
                                                                                                     the comment includes information                        FOR FURTHER INFORMATION CONTACT:
                                             Virginia State Implementation Plan
                                                                                                     claimed to be Confidential Business                     Ellen Schmitt, (215) 814–5787, or by
                                             (SIP). The SIP revision addresses the
                                                                                                     Information (CBI) or other information                  email at schmitt.ellen@epa.gov.
                                             State Boards requirements for all criteria
                                                                                                     whose disclosure is restricted by statute.              SUPPLEMENTARY INFORMATION:
                                             pollutants of the National Ambient Air
                                                                                                     Do not submit information that you
                                             Quality Standards (NAAQS). EPA is                                                                               I. Background
                                                                                                     consider to be CBI or otherwise
                                             also approving a related infrastructure
                                                                                                     protected through www.regulations.gov                      Section 128 of the CAA requires SIPs
                                             element from the West Virginia
                                                                                                     or email. The www.regulations.gov Web                   to include certain requirements
                                             February 21, 2012 SIP submittal for the
                                                                                                     site is an ‘‘anonymous access’’ system,                 regarding State Boards; section
                                             2008 ozone (O3) NAAQS, the December
                                                                                                     which means EPA will not know your                      110(a)(2)(E)(ii) of the CAA also
                                             13, 2012 SIP submittal for the 2010
                                                                                                     identity or contact information unless                  references these requirements. Section
                                             nitrogen dioxide (NO2) NAAQS, and the
                                                                                                     you provide it in the body of your                      128(a) requires SIPs to contain
                                             July 1, 2013 SIP submittal for the 2010
                                                                                                     comment. If you send an email                           provisions that: (1) Any board or body
                                             sulfur dioxide (SO2) NAAQS. EPA is
                                                                                                     comment directly to EPA without going                   which approves permits or enforcement
                                             approving this SIP revision in
                                                                                                     through www.regulations.gov, your                       orders under the CAA shall have at least
                                             accordance with the requirements of the
                                                                                                     email address will be automatically                     a majority of its members represent the
                                             Clean Air Act (CAA).
                                                                                                     captured and included as part of the                    public interest and not derive any
                                             DATES: This rule is effective on May 8,                 comment that is placed in the public                    significant portion of their income from
                                             2015 without further notice, unless EPA                 docket and made available on the                        persons subject to permits or
                                             receives adverse written comment by                     Internet. If you submit an electronic                   enforcement orders under the CAA; and
                                             April 8, 2015. If EPA receives such                     comment, EPA recommends that you                        (2) any potential conflict of interest by
                                             comments, it will publish a timely                      include your name and other contact                     members of such board or body or the
                                             withdrawal of the direct final rule in the              information in the body of your                         head of an executive agency with
rmajette on DSK2TPTVN1PROD with RULES




                                             Federal Register and inform the public                  comment and with any disk or CD–ROM                     similar powers be adequately disclosed.
                                             that the rule will not take effect.                     you submit. If EPA cannot read your                     The requirements of section 128(a)(1)
                                             ADDRESSES: Submit your comments,                        comment due to technical difficulties                   are not applicable to West Virginia
                                             identified by Docket ID Number EPA–                     and cannot contact you for clarification,               because it does not have any board or
                                             R03–OAR–2014–0903 by one of the                         EPA may not be able to consider your                    body which approves air quality permits
                                             following methods:                                      comment. Electronic files should avoid                  or enforcement orders. The


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Document Created: 2015-12-18 12:05:15
Document Modified: 2015-12-18 12:05:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on April 8, 2015.
ContactZuri Farngalo, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9152. Mr. Farngalo can be reached via electronic mail at [email protected]
FR Citation80 FR 12343 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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