80 FR 22107 - Approval and Promulgation of Implementation Plans; North Carolina; Charlotte; Base Year Emissions Inventory and Emissions Statement for the 2008 8-Hour Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 76 (April 21, 2015)

The Environmental Protection Agency (EPA) is taking direct final action to approve the state implementation plan (SIP) revision submitted by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NC DENR) on July 7, 2014, to address the base year emissions inventory and emissions statement requirements for the State's portion of the Charlotte- Gastonia-Rock Hill, North Carolina-South Carolina 2008 8-hour ozone national ambient air quality standards (NAAQS) nonattainment area (hereafter referred to as the ``bi-state Charlotte Area'' or ``Area''). Annual emissions reporting (i.e., emission statement) and a base year emissions inventory are required for all ozone nonattainment areas. The Area is comprised of the entire county of Mecklenburg and portions of Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties in North Carolina; and a portion of York County in South Carolina. EPA will consider and take action on the South Carolina submission for the emissions inventory and emissions statement for its portion of this Area in a separate action.

[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22107-22111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09050]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0209; FRL-9926-47-Region 6]


Approval and Promulgation of Implementation Plans; North 
Carolina; Charlotte; Base Year Emissions Inventory and Emissions 
Statement for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the state implementation plan (SIP) revision 
submitted by the State of North Carolina, through the North Carolina 
Department of Environment and Natural Resources (NC DENR) on July 7, 
2014, to address the base year emissions inventory and emissions 
statement requirements for the State's portion of the Charlotte-
Gastonia-Rock Hill, North Carolina-South Carolina 2008 8-hour ozone 
national ambient air quality standards (NAAQS) nonattainment area 
(hereafter referred to as the ``bi-state Charlotte Area'' or ``Area''). 
Annual emissions reporting (i.e., emission statement) and a base year 
emissions inventory are required for all ozone nonattainment areas. The 
Area is comprised of the entire county of Mecklenburg and portions of 
Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties in North 
Carolina; and a portion of York County in South Carolina. EPA will 
consider and take action on the South Carolina submission for the 
emissions inventory and emissions statement for its portion of this 
Area in a separate action.

DATES: This direct final rule is effective June 22, 2015 without 
further notice, unless EPA receives adverse comment by May 21, 2015. If 
EPA receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0209, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0209,'' Air Regulatory Management 
Section, (formerly the Regulatory Development Section), Air Planning 
and

[[Page 22108]]

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.
    5. Hand Delivery or Courier: Lynorae Benjamin, 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. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0209. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the Regulatory Development Section, 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 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann, 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. Ms. 
Spann can be reached at (404) 562-9029 and via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentrations is less 
than or equal to 0.075 ppm. 40 CFR 50.15. Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. The ambient air quality monitoring data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90 percent, and no single year has less 
than 75 percent data completeness as determined in Appendix I of part 
50.
    Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA 
or Act) requires EPA to designate as nonattainment any area that is 
violating the NAAQS based on the three most recent years of ambient air 
quality data at the conclusion of the designation process. The bi-state 
Charlotte Area was designated nonattainment for the 2008 8-hour ozone 
NAAQS on April 30, 2012 (effective July 20, 2012) using 2009-2011 
ambient air quality data. See 77 FR 30088 (May 21, 2012). At the time 
of designation, the bi-state Charlotte Area was classified as a 
Marginal nonattainment area for the 2008 8-hour ozone NAAQS. On 
February 13, 2015, EPA finalized a rule entitled ``Implementation of 
the 2008 National Ambient Air Quality Standards for Ozone: State 
Implementation Plan Requirements'' (SIP Requirements Rule) that 
establishes the requirements that state, tribal, and local air quality 
management agencies must meet as they develop implementation plans for 
areas where air quality exceeds the 2008 ozone NAAQS.\1\ See 80 FR 
12264 (March 6, 2015). This rule establishes ozone nonattainment area 
attainment dates based on Table 1 of section 181(a) of the CAA, 
including an attainment date three years after the July 20, 2012, 
effective date for areas classified as marginal areas for the 2008 8-
hour NAAQS. Therefore, the attainment date for the bi-state Charlotte 
Area is July 20, 2015.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
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    Based on the nonattainment designation, North Carolina was required 
to develop a nonattainment SIP revision addressing certain CAA 
requirements. Specifically, pursuant to CAA section 182(a)(3)(B) and 
section 182(a)(1), North Carolina was required to submit a SIP revision 
addressing emissions statements and emissions inventory requirements, 
respectively.
    Ground level ozone is not emitted directly into the air, but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(3)(B) of the CAA requires each state with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of 
each NOX or VOC stationary source \2\ located within a 
nonattainment area showing the actual emissions of NOX and 
VOC from that source. The first

[[Page 22109]]

statement is due three years from the area's nonattainment designation, 
and subsequent statements are due at least annually thereafter. Section 
182(a)(1) of the CAA requires states with areas designated 
nonattainment for the ozone NAAQS to submit a SIP revision providing a 
comprehensive, accurate, and current inventory of actual emissions from 
all sources of the relevant pollutant or pollutants in such area.
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    \2\ A state may waive the emission statement requirement for any 
class or category of stationary sources which emit less than 25 tons 
per year of VOCs or NOX if the state meets the 
requirements of section 182(a)(3)(B)(ii).
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    On July 7, 2014, North Carolina submitted a SIP revision containing 
a base year emissions inventory and addressing emissions statement 
requirements related to its portion of the bi-state Charlotte Area. EPA 
is now taking action to approve this SIP revision as meeting the 
requirements of sections 110, 182(a)(1), and 182(a)(3)(B) of the CAA. 
More information on EPA's analysis of North Carolina's SIP revision is 
provided below.

II. Analysis of State's Submittal

(a) Base Year Emission Inventory

    As discussed above, section 182(a)(1) of the CAA requires states to 
submit a comprehensive, accurate, and current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants in 
each ozone non-attainment area. The section 182(a)(1) base year 
inventory is defined in the SIP Requirements Rule as ``a comprehensive, 
accurate, current inventory of actual emissions from sources of VOC and 
NOX emitted within the boundaries of the nonattainment area 
as required by CAA section 182(a)(1).'' See 40 CFR 51.1100(bb). The 
inventory year must be selected consistent with the baseline year for 
the RFP plan as required by 40 CFR 51.1110(b),\3\ and the inventory 
must include actual ozone season day emissions as defined in 40 CFR 
51.1100(cc) \4\ and contain data elements consistent with the detail 
required by 40 CFR part 51, subpart A. See 40 CFR 51.1115(a), (c), (e). 
In addition, the point source emissions included in the inventory must 
be reported according to the point source emissions thresholds of the 
Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart 
A. See 40 CFR 51.1115(d).
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    \3\ 40 CFR 51.1110(b) states that ``at the time of designation 
for the 2008 ozone NAAQS the baseline emissions inventory shall be 
the emissions inventory for the most recent calendar year for which 
a complete triennial inventory is required to be submitted to EPA 
under the provisions of subpart A of this part. States may use an 
alternative baseline emissions inventory provided the state 
demonstrates why it is appropriate to use the alternative baseline 
year, and provided that the year selected is between the years 2008 
to 2012.''
    \4\ ``Ozone season day emissions'' is defined as ``an average 
day's emissions for a typical ozone season work weekday. The state 
shall select, subject to EPA approval, the particular month(s) in 
the ozone season and the day(s) in the work week to be represented, 
considering the conditions assumed in the development of RFP plans 
and/or emissions budgets for transportation conformity.'' See 40 CFR 
51.1100(cc).
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    North Carolina selected 2011 as the base year for the section 
182(a)(1) emissions inventory which is the year corresponding with the 
first triennial inventory under 40 CFR part 51, subpart A. This base 
year is one of the three years of ambient data used to designate the 
Area as a nonattainment area and therefore represents emissions 
associated with nonattainment conditions. The emissions inventory is 
based on data developed and submitted by NC DENR and Mecklenburg County 
Air Quality to EPA's 2011 National Emissions Inventory (NEI), and it 
contains data elements consistent with the detail required by 40 CFR 
part 51, subpart A.\5\
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    \5\ Data downloaded from the EPA EIS from the 2011 NEI was 
subjected to quality assurance procedures described under quality 
assurance details under 2011 NEI Version 1 Documentation located at 
http://www.epa.gov/ttn/chief/net/2011inventory.html#inventorydoc. 
The quality assurance and quality control procedures and measures 
associated with this data are outlined in the State's EPA-approved 
Emission Inventory Quality Assurance Project Plan.
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    North Carolina's emissions inventory for its portion of the Area 
provides 2011 typical average summer day emissions data for 
NOX and VOCs for the following general source categories: 
stationary point, area, non-road mobile, and on-road mobile. A detailed 
discussion of the inventory development is located in Appendix B to 
North Carolina's submittal which is provided in the docket for this 
action. The table below provides a summary of the emissions inventory.

                           Table 1--2011 Point and Area Sources Emissions for the North Carolina Portion of the Charlotte Area
                                                                  [Tons per summer day]
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                                                            Point                     Area                 Non-road mobile           On-road mobile
                     County                      -------------------------------------------------------------------------------------------------------
                                                      NOX          VOC          NOX          VOC          NOX          VOC          NOX          VOC
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Cabarrus*.......................................         1.10         0.89         0.44         4.53         2.43         1.62        11.85         6.32
Gaston*.........................................        26.44         1.74         0.55         4.94         2.30         1.83        13.39         6.93
Iredell*........................................         4.63         0.97         0.22         1.95         0.96         0.84         5.45         2.62
Lincoln*........................................         0.43         1.23         0.12         1.72         0.88         0.83         4.33         2.49
Mecklenburg.....................................         7.76         1.53         4.48        23.47        16.31        14.76        57.01        26.06
Rowan*..........................................         6.21         3.81         0.40         3.95         1.94         1.96        10.78         5.74
Union*..........................................         0.60         1.20         0.47         6.13         3.93         2.56         9.32         5.19
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* Indicates emissions for the nonattainment portion of the county.

    The emissions reported for Cabarrus, Gaston, Iredell, Lincoln, 
Rowan, and Union Counties reflect the emissions for only the 
nonattainment portion of the counties. The inventory contains point 
source emissions data for facilities located within the North Carolina 
portion of the Area based on Geographic Information Systems mapping. 
For the remaining emissions categories, emissions for the North 
Carolina portion of the Area were determined based on the population of 
the nonattainment townships within each partial county. For Mecklenburg 
County, the emissions for the entire county are provided. More detail 
on the inventory emissions for individual sources categories is 
provided below and in Appendix B to North Carolina's SIP submittal.
    Point sources are large, stationary, identifiable sources of 
emissions that release pollutants into the atmosphere. The point source 
emissions inventory for North Carolina's portion of the bi-state 
Charlotte Area was developed using facility-specific emissions data. 
The point source emissions inventory for North Carolina's portion of 
the bi-state Charlotte Area data is located in the docket for today's 
action. The point source emissions data meets the point

[[Page 22110]]

source emissions thresholds of 40 CFR part 51, subpart A.
    Area sources are small emission stationary sources which, due to 
their large number, collectively have significant emissions (e.g., dry 
cleaners, service stations). Emissions for these sources were estimated 
by multiplying an emission factor by such indicators of collective 
emissions activity as production, number of employees, or population. 
These emissions were estimated at the county level. North Carolina 
developed its inventory according to the current EPA emissions 
inventory guidance for area sources.\6\
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    \6\ This guidance includes: Procedures for the Preparation of 
Emission Inventories of Carbon Monoxide and Precursors of Ozone, 
Vol. 1, EPA-450/4-91-016 (May 1991) and Emissions Inventory 
Improvement Program (EIIP) Technical Report, Vol. 3, Area Sources 
(Revised January 2001, updated April 2001).
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    On-road mobile sources include vehicles used on roads for 
transportation of passengers or freight. North Carolina's developed its 
on-road emissions inventory using EPA's Motor Vehicle Emissions 
Simulator (MOVES) model for each ozone nonattainment county.\7\ County 
level on-road modeling was conducted using county-specific vehicle 
population and other local data. North Carolina developed its inventory 
according to the current EPA emissions inventory guidance for on-road 
mobile sources.\8\
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    \7\ North Carolina used MOVES version 2010b because this was the 
latest version available at the time that the State submitted its 
SIP revision.
    \8\ This guidance includes: Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards (NAAQS) and Regional Haze Regulations, EPA-454/R-
05-001 (August 2005, updated November 2005); Policy Guidance on the 
Use of MOVES2010 for State Implementation Plan Development, 
Transportation Conformity, and Other Purposes, EPA-420-B-09-046 
(December 2009); and Technical Guidance on the Use of MOVES2010 for 
Emission Inventory Preparation in State Implementation Plans and 
Transportation Conformity, EPA-420-B-10-023 (April 2010).
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    Non-road mobile sources include vehicles, engines, and equipment 
used for construction, agriculture, recreation, and other purposes that 
do not use roadways (e.g., lawn mowers, construction equipment, 
railroad locomotives, and aircraft). North Carolina calculated 
emissions for most of the non-road mobile sources using EPA's 
NONROAD2008a model \9\ and developed its non-road mobile source 
inventory according to the current EPA emissions inventory guidance for 
non-road mobile sources.\10\
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    \9\ For consistency with the NEI, North Carolina included 
emissions data for locomotives at rail yards and aircraft (where 
they are reported to occur at the locations of the airports where 
they are generated) with the point source data in the base year 
inventory. See Appendix B.1 and Appendix B.4 of the State's SIP 
revision for a detailed discussion of the methodology used to 
calculate aircraft and locomotive emissions.
    \10\ This guidance includes: Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources, EPA-450/4-81-026d (July 
1991).
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    For the reasons discussed above, EPA has determined that North 
Carolina's emissions inventory meets the requirements under CAA section 
182(a)(1) and the SIP Requirements Rule for the 2008 8-hour ozone 
NAAQS.

(b) Emissions Statements

    Pursuant to section 182(a)(3)(B), states with ozone nonattainment 
areas must require annual emissions statements from NOX and 
VOC stationary sources within those nonattainment areas. This 
requirement applies to all ozone nonattainment areas regardless of 
classification (e.g., Marginal, Moderate).
    North Carolina regulation 15A North Carolina Administrative Code 
(NCAC) 02Q.0207 requires all owners or operators of stationary sources 
with actual emissions of 25 tons per year or more of VOC or 
NOX located in the counties listed therein to submit a 
statement to the State by June 30 of each year identifying actual 
NOX and VOC emissions for the previous calendar year. In 
1995, EPA approved North Carolina's regulation and incorporated it into 
the SIP. See 60 FR 22283 (May 5, 1995). At that time, the regulation 
applied to stationary sources within Davidson County, Durham County, 
Forsyth County, Gaston County, Guilford County, Mecklenburg County, 
Wake County, the Dutchville Township portion of Granville County, and 
that part of Davie County bounded by the Yadkin River, Dutchman's 
Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin 
River. North Carolina subsequently amended the regulation to expand its 
coverage to include Cabarrus, Lincoln, Rowan, and Union Counties in 
their entireties and Davidson Township and Coddle Creek Township in 
Iredell County. EPA concluded that the amended regulation met the 
requirements of section 182(a)(3)(B) for the 1997 8-hour ozone standard 
and incorporated the amendments into the SIP in 2012. See 77 FR 24382 
(April 24, 2012). In its July 7, 2014 SIP revision, North Carolina 
noted that it continues to operate under 15A NCAC 02Q.0207 as approved 
into the SIP in 2012. EPA has reviewed this SIP-approved regulation and 
determined that it covers the entire North Carolina portion of the Area 
and meets the requirements of section 182(a)(3)(B) for the 2008 ozone 
NAAQS.\11\
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    \11\ As discussed in the preamble to the SIP Requirements Rule, 
a state may rely on emissions statement rules in force and approved 
by EPA for the 1997 ozone NAAQS or the 1-hour ozone NAAQS provided 
that the rules remain adequate and cover all portions of the 2008 
ozone NAAQS nonattainment areas. See 80 FR 12291.
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III. Final Action

    EPA is approving the SIP revision submitted by North Carolina on 
July 7, 2014, addressing the base year emissions inventory and 
emissions statement requirements for the State's portion of the bi-
state Charlotte Area. EPA has concluded that the State's submission 
meets the requirements of sections 110 and 182 of the CAA. EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should adverse 
comments be filed. This rule will be effective June 22, 2015 without 
further notice unless the Agency receives adverse comments by May 21, 
2015.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on June 22, 2015 and no 
further action will be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the Agency may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

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:

[[Page 22111]]

     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 as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 22, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 9, 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. In Sec.  52.1770, paragraph (e) is amended by adding two entries for 
``North Carolina portion of bi-state Charlotte; 2008 8-Hour Ozone Base 
Year Emissions Inventory'' and ``North Carolina portion of bi-state 
Charlotte; 2008 8-Hour Ozone Annual Emission Reporting (Emission 
Statement)'' at the end of the table to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    State
           Provision              effective   EPA approval date   Federal Register           Explanation
                                     date                              notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
North Carolina portion of bi-     07/07/2014  April 21, 2015...  [Insert citation   ............................
 state Charlotte Area; 2008 8-                                    of publication].
 Hour Ozone Base Year Emissions
 Inventory.
North Carolina portion of bi-     07/07/2014  April 21, 2015...  [Insert citation   ............................
 state Charlotte Area; 2008 8-                                    of publication].
 Hour Ozone Annual Emissions
 Reporting (Emissions
 Statements).
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[FR Doc. 2015-09050 Filed 4-20-15; 8:45 am]
 BILLING CODE 6560-50-P