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)

Page Range		22107-22111
FR Document		2015-09050
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 Issue 76 (Tuesday, April 21, 2015)
[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
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22107

918–1653; email address: III. What are the terms of the ENVIRONMENTAL PROTECTION
mcdonnell.ida@epa.gov. conditional approval? AGENCY
SUPPLEMENTARY INFORMATION: The EPA conditionally approved 40 CFR Part 52
Throughout this document whenever Rhode Island’s January 18, 2011 SIP
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean revision as it relates to major new and [EPA–R04–OAR–2015–0209; FRL–9926–47–
EPA. Region 6]
modified stationary sources of regulated
Organization of this document. The NSR pollutants other than GHGs on Approval and Promulgation of
following outline is provided to aid in October 24, 2013. See 78 FR 63383. Our Implementation Plans; North Carolina;
locating information in this preamble. conditional approval was based on a Charlotte; Base Year Emissions
commitment letter submitted by RI DEM Inventory and Emissions Statement for
Table of Contents on September 18, 2013. Specifically, RI the 2008 8-Hour Ozone Standard
I. Background DEM committed to submit a revised
II. What is a conditional approval? technical demonstration (described AGENCY: Environmental Protection
III. What are the terms of the conditional above) no later than one year from the Agency.
approval? date on which EPA finalized the ACTION: Direct final rule.
IV. Were the terms of the conditional conditional approval.
approval met? SUMMARY: The Environmental Protection
IV. Were the terms of the conditional Agency (EPA) is taking direct final
V. Final Action
approval met? action to approve the state
I. Background implementation plan (SIP) revision
RI DEM failed to submit the technical submitted by the State of North
On October 24, 2013, EPA demonstration in a timely manner, Carolina, through the North Carolina
conditionally approved, pending therefore our conditional approval, by Department of Environment and Natural
submission by Rhode Island of a operation of law, became a disapproval Resources (NC DENR) on July 7, 2014,
technical demonstration that Rhode on December 23, 2014. However, on to address the base year emissions
Island’s January 18, 2011 SIP revisions February 27, 2015, RI DEM submitted inventory and emissions statement
as they relate to major new and the technical demonstration pursuant to requirements for the State’s portion of
modified stationary sources of regulated 40 CFR 51.166(a)(7), showing that the Charlotte-Gastonia-Rock Hill, North
NSR pollutants other than GHGs, are as Rhode Island’s PSD and nonattainment Carolina-South Carolina 2008 8-hour
least as stringent as EPA’s NSR reform. new source review permitting programs ozone national ambient air quality
See 78 FR 63383. On February 27, 2015, are at least as stringent in all respects as standards (NAAQS) nonattainment area
the State Rhode Island submitted a EPA’s NSR Reform provisions for (hereafter referred to as the ‘‘bi-state
technical demonstration, pursuant to 40 stationary sources of regulated NSR Charlotte Area’’ or ‘‘Area’’). Annual
CFR 51.166(a)(7), that Rhode Island’s pollutants other than GHGs. Rhode emissions reporting (i.e., emission
PSD and nonattainment new source Island’s technical demonstration is statement) and a base year emissions
review permitting programs are at least included in the docket and inventory are required for all ozone
as stringent in all respects as EPA’s NSR administrative record for this action. nonattainment areas. The Area is
Reform provisions for stationary sources EPA therefore has determined that RI comprised of the entire county of
of regulated NSR pollutants other than DEM met the conditions of the Mecklenburg and portions of Cabarrus,
GHGs. conditional approval. Gaston, Iredell, Lincoln, Rowan and
II. What is a conditional approval? V. Final Action Union Counties in North Carolina; and
a portion of York County in South
Under section 110(k)(4) of the Clean EPA is converting the conditional Carolina. EPA will consider and take
Air Act, the EPA may conditionally approval to a full approval with this action on the South Carolina submission
approve a plan based on a commitment action. Rhode Island’s February 27, for the emissions inventory and
from the State to adopt specific 2015 submission cured, as a legal emissions statement for its portion of
enforceable measures by a date certain matter, the disapproval that this Area in a separate action.
no later than one year from the date of automatically occurred on December 23, DATES: This direct final rule is effective
final conditional approval. If the EPA 2014. Thus, the provisions of Rhode June 22, 2015 without further notice,
subsequently determines that the State Island’s SIP that EPA conditionally unless EPA receives adverse comment
has met its commitment, EPA publishes approved on October 24, 2013 are now by May 21, 2015. If EPA receives such
a document in the Federal Register fully approved into the State’s SIP. comments, it will publish a timely
notifying the public that EPA is withdrawal of the direct final rule in the
converting the conditional approval to a List of Subjects in 40 CFR Part 52
Federal Register informing the public
full approval. However, if the State fails Environmental protection, Air that this rule will not take effect.
to timely meet its commitment, then the pollution control, Carbon monoxide, ADDRESSES: Submit your comments,
conditional approval automatically Incorporation by reference, identified by Docket ID No. EPA–R04–
converts to a disapproval by operation Intergovernmental relations, Lead, OAR–2015–0209, by one of the
of law without further action required Nitrogen dioxide, Ozone, Particulate following methods:
by EPA. If that were to occur, EPA matter, Reporting and recordkeeping 1. www.regulations.gov: Follow the
would then notify the state by letter. At requirements, Sulfur oxides, Volatile on-line instructions for submitting
that time, the conditionally approved organic compounds. comments.
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SIP revisions would not be part of the 2. Email: R4-ARMS@epa.gov.
state’s approved SIP. EPA subsequently Dated: March 26, 2015.
3. Fax: (404) 562–9019.
would publish a notice in the Federal H. Curtis Spalding, 4. Mail: ‘‘EPA–R04–OAR–2015–
Register notifying the public that the Regional Administrator, EPA New England. 0209,’’ Air Regulatory Management
conditional approval automatically [FR Doc. 2015–09017 Filed 4–20–15; 8:45 am] Section, (formerly the Regulatory
converted to a disapproval. BILLING CODE 6560–50–P Development Section), Air Planning and

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22108 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations

Implementation Branch (formerly the information whose disclosure is 2011 ambient air quality data. See 77 FR
Air Planning Branch), Air, Pesticides restricted by statute. Certain other 30088 (May 21, 2012). At the time of
and Toxics Management Division, U.S. material, such as copyrighted material, designation, the bi-state Charlotte Area
Environmental Protection Agency, is not placed on the Internet and will be was classified as a Marginal
Region 4, 61 Forsyth Street SW., publicly available only in hard copy nonattainment area for the 2008 8-hour
Atlanta, Georgia 30303–8960. form. Publicly available docket ozone NAAQS. On February 13, 2015,
5. Hand Delivery or Courier: Lynorae materials are available either EPA finalized a rule entitled
Benjamin, Air Regulatory Management electronically in www.regulations.gov or ‘‘Implementation of the 2008 National
Section, Air Planning and in hard copy at the Regulatory Ambient Air Quality Standards for
Implementation Branch, Air, Pesticides Development Section, Air Planning Ozone: State Implementation Plan
and Toxics Management Division, U.S. Branch, Air, Pesticides and Toxics Requirements’’ (SIP Requirements Rule)
Environmental Protection Agency, Management Division, U.S. that establishes the requirements that
Region 4, 61 Forsyth Street SW., Environmental Protection Agency, state, tribal, and local air quality
Atlanta, Georgia 30303–8960. Such Region 4, 61 Forsyth Street SW., management agencies must meet as they
deliveries are only accepted during the Atlanta, Georgia 30303–8960. EPA develop implementation plans for areas
Regional Office’s normal hours of requests that if at all possible, you where air quality exceeds the 2008
operation. The Regional Office’s official contact the person listed in the FOR ozone NAAQS.1 See 80 FR 12264 (March
hours of business are Monday through FURTHER INFORMATION CONTACT section to 6, 2015). This rule establishes ozone
Friday, 8:30 to 4:30, excluding Federal schedule your inspection. The Regional nonattainment area attainment dates
holidays. Office’s official hours of business are based on Table 1 of section 181(a) of the
Instructions: Direct your comments to Monday through Friday, 8:30 to 4:30, CAA, including an attainment date three
Docket ID No. EPA–R04–OAR–2015– excluding Federal holidays. years after the July 20, 2012, effective
0209. EPA’s policy is that all comments date for areas classified as marginal
FOR FURTHER INFORMATION CONTACT: Jane
received will be included in the public areas for the 2008 8-hour NAAQS.
docket without change and may be Spann, Air Regulatory Management
Section, Air Planning and Therefore, the attainment date for the bi-
made available online at state Charlotte Area is July 20, 2015.
www.regulations.gov, including any Implementation Branch, Air, Pesticides
Based on the nonattainment
personal information provided, unless and Toxics Management Division, U.S.
designation, North Carolina was
the comment includes information Environmental Protection Agency,
required to develop a nonattainment SIP
claimed to be Confidential Business Region 4, 61 Forsyth Street, SW.,
revision addressing certain CAA
Information (CBI) or other information Atlanta, Georgia 30303–8960. Ms.
requirements. Specifically, pursuant to
whose disclosure is restricted by statute. Spann can be reached at (404) 562–9029
CAA section 182(a)(3)(B) and section
Do not submit through and via electronic mail at spann.jane@ 182(a)(1), North Carolina was required
www.regulations.gov or email, epa.gov. to submit a SIP revision addressing
information that you consider to be CBI SUPPLEMENTARY INFORMATION: emissions statements and emissions
or otherwise protected. The I. Background inventory requirements, respectively.
www.regulations.gov Web site is an Ground level ozone is not emitted
‘‘anonymous access’’ system, which On March 12, 2008, EPA promulgated directly into the air, but is created by
means EPA will not know your identity a revised 8-hour ozone NAAQS of 0.075 chemical reactions between oxides of
or contact information unless you parts per million (ppm). See 73 FR nitrogen (NOX) and volatile organic
provide it in the body of your comment. 16436 (March 27, 2008). Under EPA’s compounds (VOC) in the presence of
If you send an email comment directly regulations at 40 CFR part 50, the 2008 sunlight. Emissions from industrial
to EPA without going through 8-hour ozone NAAQS is attained when facilities and electric utilities, motor
www.regulations.gov, your email the 3-year average of the annual fourth- vehicle exhaust, gasoline vapors, and
address will be automatically captured highest daily maximum 8-hour average chemical solvents are some of the major
and included as part of the comment ambient air quality ozone sources of NOX and VOC. Section
that is placed in the public docket and concentrations is less than or equal to 182(a)(3)(B) of the CAA requires each
made available on the Internet. If you 0.075 ppm. 40 CFR 50.15. Ambient air state with ozone nonattainment areas to
submit an electronic comment, EPA quality monitoring data for the 3-year submit a SIP revision requiring annual
recommends that you include your period must meet a data completeness emissions statements to be submitted to
name and other contact information in requirement. The ambient air quality the state by the owner or operator of
the body of your comment and with any monitoring data completeness each NOX or VOC stationary source 2
disk or CD–ROM you submit. If EPA requirement is met when the average located within a nonattainment area
cannot read your comment due to percent of days with valid ambient showing the actual emissions of NOX
technical difficulties and cannot contact monitoring data is greater than 90 and VOC from that source. The first
you for clarification, EPA may not be percent, and no single year has less than
able to consider your comment. 75 percent data completeness as 1 The SIP Requirements Rule addresses a range of

Electronic files should avoid the use of determined in Appendix I of part 50. nonattainment area SIP requirements for the 2008
ozone NAAQS, including requirements pertaining
special characters, any form of Upon promulgation of a new or to attainment demonstrations, reasonable further
encryption, and be free of any defects or revised NAAQS, the Clean Air Act progress (RFP), reasonably available control
viruses. For additional information (CAA or Act) requires EPA to designate technology, reasonably available control measures,
about EPA’s public docket visit the EPA as nonattainment any area that is major new source review, emission inventories, and
the timing of SIP submissions and of compliance
Docket Center homepage at http:// violating the NAAQS based on the three
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with emission control measures in the SIP. The rule
www.epa.gov/epahome/dockets.htm. most recent years of ambient air quality also revokes the 1997 ozone NAAQS and
Docket: All documents in the data at the conclusion of the designation establishes anti-backsliding requirements.
2 A state may waive the emission statement
electronic docket are listed in the process. The bi-state Charlotte Area was
requirement for any class or category of stationary
www.regulations.gov index. Although designated nonattainment for the 2008 sources which emit less than 25 tons per year of
listed in the index, some information is 8-hour ozone NAAQS on April 30, 2012 VOCs or NOX if the state meets the requirements
not publicly available, i.e., CBI or other (effective July 20, 2012) using 2009– of section 182(a)(3)(B)(ii).

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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22111

• Is not a significant regulatory action Indian tribe has demonstrated that a of today’s Federal Register, rather than
subject to review by the Office of tribe has jurisdiction. In those areas of file an immediate petition for judicial
Management and Budget under Indian country, the rule does not have review of this direct final rule, so that
Executive Orders 12866 (58 FR 51735, tribal implications as specified by EPA can withdraw this direct final rule
October 4, 1993) and 13563 (76 FR 3821, Executive Order 13175 (65 FR 67249, and address the comment in the
January 21, 2011); does not impose an November 9, 2000), nor will it impose proposed rulemaking. This action may
information collection burden under the substantial direct costs on tribal not be challenged later in proceedings to
provisions of the Paperwork Reduction governments or preempt tribal law. enforce its requirements. See section
Act (44 U.S.C. 3501 et seq.); The Congressional Review Act, 5 307(b)(2).
• is certified as not having a U.S.C. 801 et seq., as added by the Small
significant economic impact on a Business Regulatory Enforcement List of Subjects in 40 CFR Part 52
substantial number of small entities Fairness Act of 1996, generally provides Environmental protection, Air
under the Regulatory Flexibility Act (5 that before a rule may take effect, the pollution control, Incorporation by
U.S.C. 601 et seq.); agency promulgating the rule must reference, Intergovernmental relations,
• does not contain any unfunded submit a rule report, which includes a Nitrogen dioxide, Ozone, Reporting and
mandate or significantly or uniquely copy of the rule, to each House of the recordkeeping requirements, Volatile
affect small governments, as described Congress and to the Comptroller General organic compounds.
in the Unfunded Mandates Reform Act of the United States. EPA will submit a
Dated: April 9, 2015.
of 1995 (Pub. L. 104–4); report containing this action and other
Heather McTeer Toney,
• does not have Federalism required information to the U.S. Senate,
implications as specified in Executive the U.S. House of Representatives, and Regional Administrator, Region 4.
Order 13132 (64 FR 43255, August 10, the Comptroller General of the United 40 CFR part 52 is amended as follows:
1999); States prior to publication of the rule in
• is not an economically significant the Federal Register. A major rule PART 52—APPROVAL AND
regulatory action based on health or cannot take effect until 60 days after it PROMULGATION OF
safety risks subject to Executive Order is published in the Federal Register. IMPLEMENTATION PLANS
13045 (62 FR 19885, April 23, 1997); This action is not a ‘‘major rule’’ as
• is not a significant regulatory action defined by 5 U.S.C. 804(2). ■ 1. The authority citation for part 52
subject to Executive Order 13211 (66 FR Under section 307(b)(1) of the CAA, continues to read as follows:
28355, May 22, 2001); petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq.
• is not subject to requirements of action must be filed in the United States
Section 12(d) of the National Court of Appeals for the appropriate Subpart II—North Carolina
Technology Transfer and Advancement circuit by June 22, 2015. Filing a
Act of 1995 (15 U.S.C. 272 note) because petition for reconsideration by the ■ 2. In § 52.1770, paragraph (e) is
application of those requirements would Administrator of this final rule does not amended by adding two entries for
be inconsistent with the CAA; and affect the finality of this action for the ‘‘North Carolina portion of bi-state
• does not provide EPA with the purposes of judicial review nor does it Charlotte; 2008 8-Hour Ozone Base Year
discretionary authority to address, as extend the time within which a petition Emissions Inventory’’ and ‘‘North
appropriate, disproportionate human for judicial review may be filed, and Carolina portion of bi-state Charlotte;
health or environmental effects, using shall not postpone the effectiveness of 2008 8-Hour Ozone Annual Emission
practicable and legally permissible such rule or action. Parties with Reporting (Emission Statement)’’ at the
methods, under Executive Order 12898 objections to this direct final rule are end of the table to read as follows:
(59 FR 7629, February 16, 1994). encouraged to file a comment in
In addition, the SIP is not approved response to the parallel notice of § 52.1770 Identification of plan.
to apply on any Indian reservation land proposed rulemaking for this action * * * * *
or in any other area where EPA or an published in the proposed rules section (e) * * *
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effec-
Provision EPA approval date Federal Register notice Explanation
tive date

* * * * * * *
North Carolina portion of bi-state Charlotte Area; 07/07/2014 April 21, 2015 ................ [Insert citation of publi-
2008 8-Hour Ozone Base Year Emissions In- cation].
ventory.
North Carolina portion of bi-state Charlotte Area; 07/07/2014 April 21, 2015 ................ [Insert citation of publi-
2008 8-Hour Ozone Annual Emissions Reporting cation].
(Emissions Statements).
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[FR Doc. 2015–09050 Filed 4–20–15; 8:45 am]
BILLING CODE 6560–50–P

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Document Created: 2015-12-16 08:34:14
Document Modified: 2015-12-16 08:34:14
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
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.
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]
FR Citation		80 FR 22107
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds