80_FR_42871 80 FR 42733 - Approval and Promulgation of Implementation Plans; North Carolina; Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards Changes

80 FR 42733 - Approval and Promulgation of Implementation Plans; North Carolina; Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards Changes

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 138 (July 20, 2015)

Page Range42733-42735
FR Document2015-17683

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 on August 13, 2012, pertaining to definition changes for the Nitrogen Dioxide (NO<INF>2</INF>) and Sulfur Dioxide (SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). EPA is approving this SIP revision because the State has demonstrated that it is consistent with the Clean Air Act (CAA or Act).

Federal Register, Volume 80 Issue 138 (Monday, July 20, 2015)
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42733-42735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17683]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0368; FRL-9930-76-Region 4]


Approval and Promulgation of Implementation Plans; North 
Carolina; Nitrogen Dioxide and Sulfur Dioxide National Ambient Air 
Quality Standards Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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 on August 13, 2012, 
pertaining to definition changes for the Nitrogen Dioxide 
(NO2) and Sulfur Dioxide (SO2) National Ambient 
Air Quality Standards (NAAQS). EPA is approving this SIP revision 
because the State has demonstrated that it is consistent with the Clean 
Air Act (CAA or Act).

DATES: This direct final rule is effective on September 18, 2015 
without further notice, unless EPA receives relevant adverse comment by 
August 19, 2015. If EPA receives such comment, EPA will publish a 
timely withdrawal 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-2015-0368, 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-2015-0368'' 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.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2015-0368''. 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 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. EPA

[[Page 42734]]

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

    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS to protect public health and 
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards 
themselves. EPA's regulatory provisions that govern the NAAQS are found 
at 40 CFR 50--National Primary and Secondary Ambient Air Quality 
Standards. In this rulemaking, EPA is proposing to approve North 
Carolina's August 13, 2012, submission amending the State's NAAQS for 
NO2 and SO2 that are found at 15A NCAC 02D .0407 
and .0402. The SIP submittal amending North Carolina's rules to 
incorporate the NAAQS can be found in the Docket for this proposed 
rulemaking at www.regulations.gov and are summarized below.

II. EPA's Analysis of North Carolina's SIP Revision

A. NO2

    On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for 
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. Accordingly, in the 
August 3, 2012, SIP submission, North Carolina revised state rule 15A 
NCAC 02D .0407 Nitrogen Dioxide to update the primary air quality 
standard for NO2 to be consistent with the NAAQS that were 
promulgated by EPA in 2010. EPA has reviewed this change to North 
Carolina's rule for NO2 and has made the determination that 
this change is consistent with federal regulations.

B. SO2

    On June 22, 2010, EPA promulgated a revised primary SO2 
NAAQS to an hourly standard of 75 ppb based on a 3-year average of the 
annual 99th percentile of 1-hour daily maximum concentrations. See 75 
FR 35520. Accordingly, in the August 3, 2012, SIP submission, North 
Carolina revised state rule 15A NCAC 02D .0402 Sulfur Oxides to update 
the primary air quality standard for SO2 to be consistent 
with the SO2 NAAQS that were promulgated by EPA in 2010. EPA 
has reviewed the change to North Carolina's rule for SO2 and 
has made the determination that these changes are consistent with 
federal regulations.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporate by reference of NCDENR 
regulations 15A NCAC 02D .0407 Nitrogen Dioxide and 15A NCAC 02D .0402 
Sulfur Oxides effective September 1, 2011, which were revised to be 
consistent with the current NAAQS. EPA has made, and will continue to 
make, these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

IV. Final Action

    EPA is approving the aforementioned changes to the North Carolina 
SIP, because they are consistent with EPA's standards for 
NO2 and SO2. 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 
September 18, 2015 without further notice unless the Agency receives 
adverse comments by August 19, 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 September 18, 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.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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

[[Page 42735]]

health or environmental effects, using practicable and legally 
permissible methods, under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    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 September 18, 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, Sulfur 
dioxide, Reporting and recordkeeping requirements.

    Dated: July 6, 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(c) is amended under Table 1, at Subchapter 2D Air 
Pollution Control Requirements, Section .0400 Ambient Air Quality 
Standards by revising the entries for ``.0402,'' and ``.0407'' to read 
as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation               Title/subject       effective date  EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
Sect .0402.....................  Sulfur Dioxide.........        9/1/2011  7/20/2015 [Insert
                                                                           citation of
                                                                           publication].
 
                                                  * * * * * * *
Sect .0407.....................  Nitrogen Dioxide.......        9/1/2011  7/20/2015 [Insert  ...................
                                                                           citation of
                                                                           publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-17683 Filed 7-17-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations                                                                      42733

                                                                                               EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
                                                                                                                State                                              EPA
                                                                                                              approval/
                                                 State citation              Title/Subject                                                                       approval                                         Explanation
                                                                                                              submittal                                            date
                                                                                                                date

                                                           *                            *                           *                           *                         *                          *                     *

                                                                                                                        Subchapter H—Low Emission Fuels

                                                                                                                           Division 1: Gasoline Volatility


                                                         *                       *                               *                           *                     *                                *                      *
                                                114.306 ........    Recordkeeping Require-                      4/25/2000           4/26/2001, 66 FR 20927 .............................................   Not in SIP: 114.306(c)
                                                                      ments.
                                                114.307 ........    Exemptions .......................          9/10/2014           7/20/2015, [Insert Federal Register citation] .............
                                                114.309 ........    Affected Counties .............             9/10/2014           7/20/2015, [Insert Federal Register citation] .............

                                                           *                            *                           *                           *                         *                          *                     *



                                                *      *       *       *       *                               OAR–2015–0368, by one of the                                      ‘‘anonymous access’’ system, which
                                                [FR Doc. 2015–17743 Filed 7–17–15; 8:45 am]                    following methods:                                                means EPA will not know your identity
                                                BILLING CODE 6560–50–P                                            1. www.regulations.gov: Follow the                             or contact information unless you
                                                                                                               on-line instructions for submitting                               provide it in the body of your comment.
                                                                                                               comments.                                                         If you send an email comment directly
                                                ENVIRONMENTAL PROTECTION                                          2. Email: R4-ARMS@epa.gov.                                     to EPA without going through
                                                AGENCY                                                            3. Fax: 404–562–9019.                                          www.regulations.gov, your email
                                                                                                                  4. Mail: ‘‘EPA–R04–OAR–2015–0368’’                             address will be automatically captured
                                                40 CFR Part 52                                                 Air Regulatory Management Section                                 and included as part of the comment
                                                [EPA–R04–OAR–2015–0368; FRL–9930–76–
                                                                                                               (formerly the Regulatory Development                              that is placed in the public docket and
                                                Region 4]                                                      Section), Air Planning and                                        made available on the Internet. If you
                                                                                                               Implementation Branch (formerly the                               submit an electronic comment, EPA
                                                Approval and Promulgation of                                   Air Planning Branch), Air, Pesticides                             recommends that you include your
                                                Implementation Plans; North Carolina;                          and Toxics Management Division, U.S.                              name and other contact information in
                                                Nitrogen Dioxide and Sulfur Dioxide                            Environmental Protection Agency,                                  the body of your comment and with any
                                                National Ambient Air Quality                                   Region 4, 61 Forsyth Street SW.,                                  disk or CD–ROM you submit. If EPA
                                                Standards Changes                                              Atlanta, Georgia 30303–8960.                                      cannot read your comment due to
                                                                                                                  5. Hand Delivery or Courier: Lynorae
                                                AGENCY: Environmental Protection                                                                                                 technical difficulties and cannot contact
                                                                                                               Benjamin, Chief, Air Regulatory
                                                Agency (EPA).                                                                                                                    you for clarification, EPA may not be
                                                                                                               Management Section, Air Planning and
                                                ACTION: Direct final rule.
                                                                                                                                                                                 able to consider your comment.
                                                                                                               Implementation Branch, Air, Pesticides
                                                                                                               and Toxics Management Division, U.S.                              Electronic files should avoid the use of
                                                SUMMARY:   The Environmental Protection                        Environmental Protection Agency,                                  special characters, any form of
                                                Agency (EPA) is taking direct final                            Region 4, 61 Forsyth Street, SW.,                                 encryption, and be free of any defects or
                                                action to approve the State                                    Atlanta, Georgia 30303–8960. Such                                 viruses. For additional information
                                                Implementation Plan (SIP) revision                             deliveries are only accepted during the                           about EPA’s public docket visit the EPA
                                                submitted by the State of North                                Regional Office’s normal hours of                                 Docket Center homepage at http://
                                                Carolina, through the North Carolina                           operation. The Regional Office’s official                         www.epa.gov/epahome/dockets.htm.
                                                Department of Environment and Natural                          hours of business are Monday through                                 Docket: All documents in the
                                                Resources on August 13, 2012,                                  Friday, 8:30 a.m. to 4:30 p.m., excluding                         electronic docket are listed in the
                                                pertaining to definition changes for the                       Federal holidays.                                                 www.regulations.gov index. Although
                                                Nitrogen Dioxide (NO2) and Sulfur                                 Instructions: Direct your comments to                          listed in the index, some information is
                                                Dioxide (SO2) National Ambient Air                             Docket ID No. ‘‘EPA–R04–OAR–2015–                                 not publicly available, i.e., CBI or other
                                                Quality Standards (NAAQS). EPA is                              0368’’. EPA’s policy is that all                                  information whose disclosure is
                                                approving this SIP revision because the                        comments received will be included in                             restricted by statute. Certain other
                                                State has demonstrated that it is                              the public docket without change and                              material, such as copyrighted material,
                                                consistent with the Clean Air Act (CAA                         may be made available online at                                   is not placed on the Internet and will be
                                                or Act).                                                       www.regulations.gov, including any                                publicly available only in hard copy
                                                DATES: This direct final rule is effective                     personal information provided, unless                             form. Publicly available docket
                                                on September 18, 2015 without further                          the comment includes information                                  materials are available either
                                                notice, unless EPA receives relevant                           claimed to be Confidential Business                               electronically in www.regulations.gov or
mstockstill on DSK4VPTVN1PROD with RULES




                                                adverse comment by August 19, 2015. If                         Information (CBI) or other information                            in hard copy at the Air Regulatory
                                                EPA receives such comment, EPA will                            whose disclosure is restricted by statute.                        Management Section, Air Planning and
                                                publish a timely withdrawal in the                             Do not submit through                                             Implementation Branch, Air, Pesticides
                                                Federal Register informing the public                          www.regulations.gov or email,                                     and Toxics Management Division, U.S.
                                                that this rule will not take effect.                           information that you consider to be CBI                           Environmental Protection Agency,
                                                ADDRESSES: Submit your comments,                               or otherwise protected. The                                       Region 4, 61 Forsyth Street, SW.,
                                                identified by Docket ID No. EPA–R04–                           www.regulations.gov Web site is an                                Atlanta, Georgia 30303–8960. EPA


                                           VerDate Sep<11>2014     16:02 Jul 17, 2015       Jkt 235001   PO 00000       Frm 00027    Fmt 4700       Sfmt 4700   E:\FR\FM\20JYR1.SGM      20JYR1


                                                42734               Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations

                                                requests that if at all possible, you                    B. SO2                                                received, the public is advised that this
                                                contact the person listed in the FOR                       On June 22, 2010, EPA promulgated a                 rule will be effective on September 18,
                                                FURTHER INFORMATION CONTACT section to
                                                                                                         revised primary SO2 NAAQS to an                       2015 and no further action will be taken
                                                schedule your inspection. The Regional                   hourly standard of 75 ppb based on a 3-               on the proposed rule.
                                                Office’s official hours of business are                                                                          Please note that if EPA receives
                                                                                                         year average of the annual 99th
                                                Monday through Friday, 8:30 a.m. to                                                                            adverse comment on an amendment,
                                                                                                         percentile of 1-hour daily maximum
                                                4:30 p.m., excluding Federal holidays.                                                                         paragraph, or section of this rule and if
                                                                                                         concentrations. See 75 FR 35520.
                                                                                                                                                               that provision may be severed from the
                                                FOR FURTHER INFORMATION CONTACT:   Zuri                  Accordingly, in the August 3, 2012, SIP
                                                                                                                                                               remainder of the rule, the Agency may
                                                Farngalo, Air Regulatory Management                      submission, North Carolina revised state
                                                                                                                                                               adopt as final those provisions of the
                                                Section, Air Planning and                                rule 15A NCAC 02D .0402 Sulfur Oxides
                                                                                                                                                               rule that are not the subject of an
                                                Implementation Branch, Air, Pesticides                   to update the primary air quality
                                                                                                                                                               adverse comment.
                                                and Toxics Management Division, U.S.                     standard for SO2 to be consistent with
                                                Environmental Protection Agency,                         the SO2 NAAQS that were promulgated                   V. Statutory and Executive Order
                                                Region 4, 61 Forsyth Street SW.,                         by EPA in 2010. EPA has reviewed the                  Reviews
                                                Atlanta, Georgia 30303–8960. The                         change to North Carolina’s rule for SO2                  Under the CAA, the Administrator is
                                                telephone number is (404) 562–9152.                      and has made the determination that                   required to approve a SIP submission
                                                Mr. Farngalo can be reached via                          these changes are consistent with                     that complies with the provisions of the
                                                electronic mail at farngalo.zuri@                        federal regulations.                                  Act and applicable Federal regulations.
                                                epa.gov.                                                 III. Incorporation by Reference                       See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                                                                               Thus, in reviewing SIP submissions,
                                                SUPPLEMENTARY INFORMATION:                                  In this rule, EPA is finalizing
                                                                                                                                                               EPA’s role is to approve state choices,
                                                I. Background                                            regulatory text that includes
                                                                                                                                                               provided that they meet the criteria of
                                                                                                         incorporation by reference. In
                                                                                                                                                               the CAA. Accordingly, this action
                                                  Sections 108 and 109 of the CAA                        accordance with requirements of 1 CFR
                                                                                                                                                               merely approves state law as meeting
                                                govern the establishment, review, and                    51.5, EPA is finalizing the incorporate
                                                                                                                                                               Federal requirements and does not
                                                revision, as appropriate, of the NAAQS                   by reference of NCDENR regulations
                                                                                                                                                               impose additional requirements beyond
                                                to protect public health and welfare.                    15A NCAC 02D .0407 Nitrogen Dioxide
                                                                                                                                                               those imposed by state law. For that
                                                The CAA requires periodic review of the                  and 15A NCAC 02D .0402 Sulfur Oxides
                                                                                                                                                               reason, this action:
                                                air quality criteria—the science upon                    effective September 1, 2011, which were                  • Is not a significant regulatory action
                                                which the standards are based—and the                    revised to be consistent with the current             subject to review by the Office of
                                                standards themselves. EPA’s regulatory                   NAAQS. EPA has made, and will                         Management and Budget under
                                                provisions that govern the NAAQS are                     continue to make, these documents                     Executive Orders 12866 (58 FR 51735,
                                                found at 40 CFR 50—National Primary                      generally available electronically                    October 4, 1993) and 13563 (76 FR 3821,
                                                and Secondary Ambient Air Quality                        through www.regulations.gov and/or in                 January 21, 2011);
                                                Standards. In this rulemaking, EPA is                    hard copy at the appropriate EPA office                  • does not impose an information
                                                proposing to approve North Carolina’s                    (see the ADDRESSES section of this                    collection burden under the provisions
                                                August 13, 2012, submission amending                     preamble for more information).                       of the Paperwork Reduction Act (44
                                                the State’s NAAQS for NO2 and SO2 that                   IV. Final Action                                      U.S.C. 3501 et seq.);
                                                are found at 15A NCAC 02D .0407 and                                                                               • is certified as not having a
                                                .0402. The SIP submittal amending                           EPA is approving the aforementioned                significant economic impact on a
                                                North Carolina’s rules to incorporate the                changes to the North Carolina SIP,                    substantial number of small entities
                                                NAAQS can be found in the Docket for                     because they are consistent with EPA’s                under the Regulatory Flexibility Act (5
                                                this proposed rulemaking at                              standards for NO2 and SO2. EPA is                     U.S.C. 601 et seq.);
                                                www.regulations.gov and are                              publishing this rule without prior                       • does not contain any unfunded
                                                summarized below.                                        proposal because the Agency views this                mandate or significantly or uniquely
                                                                                                         as a noncontroversial submittal and                   affect small governments, as described
                                                II. EPA’s Analysis of North Carolina’s                   anticipates no adverse comments.                      in the Unfunded Mandates Reform Act
                                                SIP Revision                                             However, in the proposed rules section                of 1995 (Pub. L. 104–4);
                                                A. NO2                                                   of this Federal Register publication,                    • does not have Federalism
                                                                                                         EPA is publishing a separate document                 implications as specified in Executive
                                                  On February 9, 2010, EPA                               that will serve as the proposal to                    Order 13132 (64 FR 43255, August 10,
                                                promulgated a new 1-hour primary                         approve the SIP revision should adverse               1999);
                                                NAAQS for NO2 at a level of 100 parts                    comments be filed. This rule will be                     • is not an economically significant
                                                per billion (ppb), based on a 3-year                     effective September 18, 2015 without                  regulatory action based on health or
                                                average of the 98th percentile of the                    further notice unless the Agency                      safety risks subject to Executive Order
                                                yearly distribution of 1-hour daily                      receives adverse comments by August                   13045 (62 FR 19885, April 23, 1997);
                                                maximum concentrations. See 75 FR                        19, 2015.                                                • is not a significant regulatory action
                                                6474. Accordingly, in the August 3,                         If EPA receives such comments, then                subject to Executive Order 13211 (66 FR
                                                2012, SIP submission, North Carolina                     EPA will publish a document                           28355, May 22, 2001);
                                                revised state rule 15A NCAC 02D .0407                    withdrawing the final rule and                           • is not subject to requirements of
                                                Nitrogen Dioxide to update the primary                   informing the public that the rule will               Section 12(d) of the National
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                                                air quality standard for NO2 to be                       not take effect. All adverse comments                 Technology Transfer and Advancement
                                                consistent with the NAAQS that were                      received will then be addressed in a                  Act of 1995 (15 U.S.C. 272 note) because
                                                promulgated by EPA in 2010. EPA has                      subsequent final rule based on the                    application of those requirements would
                                                reviewed this change to North                            proposed rule. EPA will not institute a               be inconsistent with the CAA; and
                                                Carolina’s rule for NO2 and has made                     second comment period. Parties                           • does not provide EPA with the
                                                the determination that this change is                    interested in commenting should do so                 discretionary authority to address, as
                                                consistent with federal regulations.                     at this time. If no such comments are                 appropriate, disproportionate human


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                                                                        Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations                                                                       42735

                                                health or environmental effects, using                             This action is not a ‘‘major rule’’ as                            reference, Intergovernmental relations,
                                                practicable and legally permissible                                defined by 5 U.S.C. 804(2).                                       Nitrogen dioxide, Sulfur dioxide,
                                                methods, under Executive Order 12898                                  Under section 307(b)(1) of the CAA,                            Reporting and recordkeeping
                                                (59 FR 7629, February 16, 1994).                                   petitions for judicial review of this                             requirements.
                                                   The SIP is not approved to apply on                             action must be filed in the United States
                                                any Indian reservation land or in any                              Court of Appeals for the appropriate                                Dated: July 6, 2015.
                                                other area where EPA or an Indian tribe                            circuit by September 18, 2015. Filing a                           Heather McTeer Toney,
                                                has demonstrated that a tribe has                                  petition for reconsideration by the                               Regional Administrator, Region 4.
                                                jurisdiction. In those areas of Indian                             Administrator of this final rule does not
                                                country, the rule does not have tribal                             affect the finality of this action for the                            40 CFR part 52 is amended as follows:
                                                implications as specified by Executive                             purposes of judicial review nor does it
                                                Order 13175 (65 FR 67249, November 9,                              extend the time within which a petition                           PART 52—APPROVAL AND
                                                2000), nor will it impose substantial                              for judicial review may be filed, and                             PROMULGATION OF
                                                direct costs on tribal governments or                              shall not postpone the effectiveness of                           IMPLEMENTATION PLANS
                                                preempt tribal law.                                                such rule or action. Parties with
                                                   The Congressional Review Act, 5                                 objections to this direct final rule are                          ■ 1. The authority citation for part 52
                                                U.S.C. 801 et seq., as added by the Small                          encouraged to file a comment in                                   continues to read as follows:
                                                Business Regulatory Enforcement                                    response to the parallel notice of                                    Authority: 42. U.S.C. 7401 et seq.
                                                Fairness Act of 1996, generally provides                           proposed rulemaking for this action
                                                that before a rule may take effect, the                            published in the proposed rules section                           Subpart II—North Carolina
                                                agency promulgating the rule must                                  of today’s Federal Register, rather than
                                                submit a rule report, which includes a                             file an immediate petition for judicial                           ■  2. Section 52.1770(c) is amended
                                                copy of the rule, to each House of the                             review of this direct final rule, so that                         under Table 1, at Subchapter 2D Air
                                                Congress and to the Comptroller General                            EPA can withdraw this direct final rule                           Pollution Control Requirements, Section
                                                of the United States. EPA will submit a                            and address the comment in the                                    .0400 Ambient Air Quality Standards by
                                                report containing this action and other                            proposed rulemaking. This action may                              revising the entries for ‘‘.0402,’’ and
                                                required information to the U.S. Senate,                           not be challenged later in proceedings to
                                                the U.S. House of Representatives, and                                                                                               ‘‘.0407’’ to read as follows:
                                                                                                                   enforce its requirements. See section
                                                the Comptroller General of the United                              307(b)(2).                                                        § 52.1770    Identification of plan.
                                                States prior to publication of the rule in
                                                                                                                   List of Subjects in 40 CFR Part 52                                *       *    *       *      *
                                                the Federal Register. A major rule
                                                cannot take effect until 60 days after it                            Environmental protection, Air                                       (c) * * *
                                                is published in the Federal Register.                              pollution control, Incorporation by

                                                                                                  TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
                                                                                                                                                                       State effective
                                                         State citation                                             Title/subject                                                             EPA approval date         Explanation
                                                                                                                                                                            date

                                                                                                              Subchapter 2D Air Pollution Control Requirements


                                                            *                            *                            *                             *                          *                      *                       *

                                                                                                                  Section .0400 Ambient Air Quality Standards


                                                         *                              *                        *                                 *                            *                      *
                                                Sect .0402 .........................   Sulfur Dioxide .............................................................          9/1/2011     7/20/2015 [Insert citation
                                                                                                                                                                                            of publication].

                                                         *                              *                      *                                *                              *                      *                       *
                                                Sect .0407 .........................   Nitrogen Dioxide .........................................................            9/1/2011     7/20/2015 [Insert citation
                                                                                                                                                                                            of publication].

                                                            *                            *                            *                             *                          *                      *                       *



                                                *       *       *        *       *                                 ENVIRONMENTAL PROTECTION                                          ACTION:    Final rule; amendment.
                                                [FR Doc. 2015–17683 Filed 7–17–15; 8:45 am]                        AGENCY
                                                                                                                                                                                     SUMMARY:   The Environmental Protection
                                                BILLING CODE 6560–50–P
                                                                                                                   40 CFR Part 261                                                   Agency (EPA) is amending the
                                                                                                                                                                                     exclusion for International Business
                                                                                                                   [EPA–R01–RCRA–2012–0447; FRL–9930–                                Machines Corporation (IBM) in Essex
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                                                                                                                   54–Region–1]                                                      Junction, Vermont to reflect changes in
                                                                                                                                                                                     ownership and name.
                                                                                                                   Hazardous Waste Management
                                                                                                                                                                                     DATES: This amendment is effective on
                                                                                                                   System; Identification and Listing of
                                                                                                                                                                                     July 20, 2015.
                                                                                                                   Hazardous Waste Amendment
                                                                                                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                   AGENCY: Environmental Protection                                  Sharon Leitch, RCRA Waste
                                                                                                                   Agency (EPA).                                                     Management and UST Section, Office of


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Document Created: 2015-12-15 12:58:05
Document Modified: 2015-12-15 12:58:05
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
ActionDirect final rule.
DatesThis direct final rule is effective on September 18, 2015 without further notice, unless EPA receives relevant adverse comment by August 19, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
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 42733 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Sulfur Dioxide and Reporting and Recordkeeping Requirements

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