80_FR_67857 80 FR 67645 - Air Plan Approval; North Carolina; Conflict of Interest Infrastructure Requirements

80 FR 67645 - Air Plan Approval; North Carolina; Conflict of Interest Infrastructure Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 212 (November 3, 2015)

Page Range67645-67647
FR Document2015-27881

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the North Carolina State Implementation Plan (SIP), submitted by the North Carolina Department of Environment and Natural Resources (DENR), Division of Air Quality (DAQ), on February 5, 2013, and supplemented on July 27, 2015. The submissions pertain to conflict of interest requirements of the Clean Air Act (CAA or Act) and were submitted to satisfy the infrastructure SIP sub- element related to the state board for the 2010 Nitrogen Dioxide (NO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS), 2010 Sulfur Dioxide (SO<INF>2</INF>) NAAQS, 2008 8-hour Ozone NAAQS and 2008 Lead NAAQS. The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly referred to as an ``infrastructure'' SIP, which includes conflict of interest requirements. EPA is taking final action to approve the portions of North Carolina's 2010 NO<INF>2</INF> infrastructure SIP, 2010 SO<INF>2</INF> infrastructure SIP, 2008 8-hour ozone infrastructure SIP, and 2008 Lead infrastructure SIP as meeting these State board requirements. EPA is also taking final action to convert conditional approvals related to the state board requirements for the 1997 8-hour ozone NAAQS, and the 1997 Annual Fine Particulate Matter (PM<INF>2.5</INF>) and 2006 24-hour PM<INF>2.5</INF> NAAQS to full approval under the CAA. EPA notes that all other applicable North Carolina infrastructure SIP elements for the above listed NAAQS have been or will be addressed in separate rulemakings.

Federal Register, Volume 80 Issue 212 (Tuesday, November 3, 2015)
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67645-67647]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27881]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0440; FRL-9936-35-Region 4]


Air Plan Approval; North Carolina; Conflict of Interest 
Infrastructure Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the North Carolina State Implementation 
Plan (SIP), submitted by the North Carolina Department of Environment 
and Natural Resources (DENR), Division of Air Quality (DAQ), on 
February 5, 2013, and supplemented on July 27, 2015. The submissions 
pertain to conflict of interest requirements of the Clean Air Act (CAA 
or Act) and were submitted to satisfy the infrastructure SIP sub-
element related to the state board for the 2010 Nitrogen Dioxide 
(NO2) National Ambient Air Quality Standards (NAAQS), 2010 
Sulfur Dioxide (SO2) NAAQS, 2008 8-hour Ozone NAAQS and 2008 
Lead NAAQS. The CAA requires that each state adopt and submit a SIP for 
the implementation, maintenance, and enforcement of each NAAQS 
promulgated by EPA, commonly referred to as an ``infrastructure'' SIP, 
which includes conflict of interest requirements. EPA is taking final 
action to approve the portions of North Carolina's 2010 NO2 
infrastructure SIP, 2010 SO2 infrastructure SIP, 2008 8-hour 
ozone infrastructure SIP, and 2008 Lead infrastructure SIP as meeting 
these State board requirements. EPA is also taking final action to 
convert conditional approvals related to the state board requirements 
for the 1997 8-hour ozone NAAQS, and the 1997 Annual Fine Particulate 
Matter (PM2.5) and 2006 24-hour PM2.5 NAAQS to 
full approval under the CAA. EPA notes that all other applicable North 
Carolina infrastructure SIP elements for the above listed NAAQS have 
been or will be addressed in separate rulemakings.

DATES: This rule will be effective December 3, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0440. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, 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 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: Sean Lakeman, 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. Mr. Lakeman can be reached by telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    SIPs meeting the requirements of sections 110(a)(1) and (2) of the 
CAA are to be submitted by states within three years after promulgation 
of a new or revised NAAQS. Sections 110(a)(1) and (2) require states to 
address basic SIP requirements, including emissions inventories, 
monitoring, and modeling to assure attainment and maintenance of the 
NAAQS. More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS.
    EPA is taking final action to approve North Carolina's February 5, 
2013, and July 27, 2015, submissions as: (1) Satisfying the 
requirements of section 128 of the CAA; and (2) the infrastructure SIP 
sub-element for section 110(a)(2)(E)(ii) related to the state board 
requirements for the 2010 NO2 NAAQS, 2010 SO2 
NAAQS, 2008 8-hour Ozone NAAQS and 2008 Lead NAAQS.\1\ Additionally, 
North Carolina's February 5, 2013, and July 27, 2015, submissions 
satisfy EPA's multiple conditional approvals of sub-element 
110(a)(2)(E)(ii) published on February 6, 2012 (77 FR 5703), and 
October 16, 2012 (77 FR 63234), for the 1997 8-hour ozone NAAQS, and 
1997

[[Page 67646]]

annual and 2006 24-hour PM2.5 NAAQS, respectively.\2\ As a 
result of today's action approving the State's submissions as meeting 
section 128 of the CAA, EPA is converting the aforementioned 
conditional approvals to full approvals regarding North Carolina's 
infrastructure requirements for section 110(a)(2)(E)(ii) for the 1997 
8-hour ozone NAAQS, and 1997 annual and 2006 24-hour PM2.5 
NAAQS.
---------------------------------------------------------------------------

    \1\ Sub-element 110(a)(2)(E)(ii) was previously submitted by 
North Carolina DAQ previous submissions to EPA to satisfy the state 
board requirements for the referenced NAAQS. EPA is taking final 
action to approve the February 5, 2013, and July 27, 2015, final 
submissions in conjunction with the previously submissions for the 
2010 NO2 NAAQS (August 23, 2013), 2010 SO2 
NAAQS (March 18, 2014), 2008 8-hour Ozone NAAQS (November 2, 2012), 
and 2008 Lead NAAQS (July 20, 2012) as satisfying for the state 
board requirements of section 110(a)(2)(E)(ii) sub-element.
    \2\ Sub-element 110(a)(2)(E)(ii) was previously submitted by 
North Carolina DAQ to EPA to satisfy the state board requirements 
for the referenced NAAQS. EPA is taking final action to approve the 
February 5, 2013, and July 27, 2015, final submissions in 
conjunction with the previous conditional approvals for the 1997 8-
hour ozone NAAQS and 1997 annual and 2006 24-hour PM2.5 
NAAQS as satisfying the state board requirements for this sub-
element.
---------------------------------------------------------------------------

    EPA proposed to approve the February 5, 2013, and July 27, 2015, 
submissions in a notice of proposed rulemaking (NPR) published on 
August 24, 2015. See 80 FR 51167. The details of North Carolina's 
submittals and the rationale for EPA's actions are explained in the 
NPR. Comments on the proposed rulemaking were due on or before 
September 23, 2015. No adverse comments were received.

II. Final Action

    As described above, EPA is taking final action to approve North 
Carolina's February 5, 2013, and July 27, 2015, submissions concerning 
the conflict of interest requirements of CAA section 128(a)(2) for 
inclusion into the North Carolina SIP.\3\ Specifically, EPA is 
approving North Carolina's submissions related to the Secretary of the 
DENR and his/her delegatee that approve air permits or enforcement 
orders and as it relates to appealed matters decided by administrative 
law judges (ALJs). Additionally, EPA is approving the portions of North 
Carolina's 2010 NO2 infrastructure SIP, 2010 SO2 
infrastructure SIP, 2008 8-hour ozone infrastructure SIP, and 2008 Lead 
infrastructure SIP related to 110(a)(2)(E)(ii). EPA is also converting 
previous conditional approvals for North Carolina's infrastructure 
submissions for the 1997 8-hour ozone NAAQS, 1997 annual and 2006 24-
hour PM2.5 NAAQS addressing CAA section 110(a)(2)(E)(ii) 
requirements to approvals.
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    \3\ As noted in the NPR, as of October 1, 2012, North Carolina 
has no boards or bodies with authority over air pollution permits or 
enforcement orders and therefore the requirements of section 
128(a)(1) are not applicable.
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III. 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 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 January 4, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

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

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42. U.S.C. 7401 et seq.

Subpart II--North Carolina

0
2. Section 52.1770(e), is amended by adding new entries for ``110(a)(1) 
and (2) Infrastructure Requirements for the 1997 8-hour Ozone NAAQS'', 
``110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual 
PM2.5 NAAQS'', ``110(a)(1) and (2) Infrastructure 
Requirements for the 2006 24-hour PM2.5 NAAQS'', ``110(a)(1) 
and (2) Infrastructure Requirements for the 2008

[[Page 67647]]

Lead NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 
2008 8-hour Ozone NAAQS'', ``110(a)(1) and (2) Infrastructure 
Requirements for the 2010 NO2 NAAQS'', ``110(a)(1) and (2) 
Infrastructure Requirements for the 2010 SO2 NAAQS'' and 
``Chapter 7A section 754 of the North Carolina General Statues'' 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         EPA
             Provision                effective     Approval      Federal Register            Explanation
                                         date         date            citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 1997 8-hour                               Register citation].    as it relates to the
 Ozone NAAQS.                                                                          Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 1997 Annual                               Register citation].    as it relates to the
 PM2.5 NAAQS.                                                                          Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 2006 24-hour                              Register citation].    as it relates to the
 PM2.5 NAAQS.                                                                          Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015  ...........  .....................  approving 110(a)(2)(E)(ii)
 Requirements for the 2008 Lead                                                        as it relates to the
 NAAQS.                                                                                Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015  ...........  .....................  approving 110(a)(2)(E)(ii)
 Requirements for the 2008 8-hour                                                      as it relates to the
 Ozone NAAQS.                                                                          Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 2010 NO2                                  Register citation].    as it relates to the
 NAAQS.                                                                                Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 2010 SO2                                  Register citation].    as it relates to the
 NAAQS.                                                                                Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
Chapter 7A section 754 of the North    7/27/2015    11/3/2015  [Insert Federal        Specifically, the
 Carolina General Statues.                                      Register citation].    following paragraph of 7A-
                                                                                       754 stating ``The Chief
                                                                                       Administrative Law Judge
                                                                                       and the administrative
                                                                                       law judges shall comply
                                                                                       with the Model Code of
                                                                                       Judicial Conduct for
                                                                                       State Administrative Law
                                                                                       Judges, as adopted by the
                                                                                       National Conference of
                                                                                       Administrative Law
                                                                                       Judges, Judicial
                                                                                       Division, American Bar
                                                                                       Association, (revised
                                                                                       August 1998), as amended
                                                                                       from time to time, except
                                                                                       that the provisions of
                                                                                       this section shall
                                                                                       control as to the private
                                                                                       practice of law in lieu
                                                                                       of Canon 4G, and G.S. 126-
                                                                                       13 shall control as to
                                                                                       political activity in
                                                                                       lieu of Canon 5.'' is
                                                                                       approved into the SIP.
----------------------------------------------------------------------------------------------------------------

Sec.  52.1773  [Amended]

0
3. Amend Sec.  52.1773 by removing paragraph (a), and redesignating 
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.

[FR Doc. 2015-27881 Filed 11-2-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations                                                      67645

                                                                                                   TABLE 52.385—EPA-APPROVED REGULATIONS
                                                                                                                Dates
                                                Connecticut state                                                                        Federal Reg-           Section
                                                                         Title/subject                                                                                                  Comments/description
                                                    citation                                 Date adopted          Date approved         ister citation         52.370
                                                                                               by State               by EPA


                                                        *                        *                          *                       *                       *                    *                    *
                                                22a-174–20 .......    Control of or-               3/5/14               11/3/15         [Insert Federal         (c)(110)      Large aboveground storage tanks
                                                                       ganic com-                                                          Register cita-                       updates: amend (a); withdraw
                                                                       pound emis-                                                         tion].                               (b)(1); amend (b)(2), (b)(3) and
                                                                       sions.                                                                                                   (b)(4); add (b)(17); amend (c)
                                                                                                                                                                                and (x)(12).

                                                          *                       *                         *                       *                       *                       *                     *



                                                [FR Doc. 2015–27900 Filed 11–2–15; 8:45 am]             final action to convert conditional                      Atlanta, Georgia 30303–8960. Mr.
                                                BILLING CODE 6560–50–P                                  approvals related to the state board                     Lakeman can be reached by telephone at
                                                                                                        requirements for the 1997 8-hour ozone                   (404) 562–9043 or via electronic mail at
                                                                                                        NAAQS, and the 1997 Annual Fine                          lakeman.sean@epa.gov.
                                                ENVIRONMENTAL PROTECTION                                Particulate Matter (PM2.5) and 2006 24-                  SUPPLEMENTARY INFORMATION:
                                                AGENCY                                                  hour PM2.5 NAAQS to full approval
                                                                                                        under the CAA. EPA notes that all other                  I. Background
                                                40 CFR Part 52                                          applicable North Carolina infrastructure                    SIPs meeting the requirements of
                                                [EPA–R04–OAR–2015–0440; FRL–9936–35–                    SIP elements for the above listed                        sections 110(a)(1) and (2) of the CAA are
                                                Region 4]                                               NAAQS have been or will be addressed                     to be submitted by states within three
                                                                                                        in separate rulemakings.                                 years after promulgation of a new or
                                                Air Plan Approval; North Carolina;                      DATES: This rule will be effective                       revised NAAQS. Sections 110(a)(1) and
                                                Conflict of Interest Infrastructure                     December 3, 2015.                                        (2) require states to address basic SIP
                                                Requirements                                                                                                     requirements, including emissions
                                                                                                        ADDRESSES: EPA has established a
                                                                                                                                                                 inventories, monitoring, and modeling
                                                AGENCY:  Environmental Protection                       docket for this action under Docket
                                                                                                                                                                 to assure attainment and maintenance of
                                                Agency (EPA).                                           Identification No. EPA–R04–OAR–
                                                                                                                                                                 the NAAQS. More specifically, section
                                                                                                        2015–0440. All documents in the docket
                                                ACTION: Final rule.                                                                                              110(a)(1) provides the procedural and
                                                                                                        are listed on the www.regulations.gov
                                                                                                                                                                 timing requirements for SIPs. Section
                                                SUMMARY:   The Environmental Protection                 Web site. Although listed in the index,
                                                                                                                                                                 110(a)(2) lists specific elements that
                                                Agency (EPA) is taking final action to                  some information is not publicly
                                                                                                                                                                 states must meet for ‘‘infrastructure’’ SIP
                                                approve revisions to the North Carolina                 available, i.e., Confidential Business
                                                                                                                                                                 requirements related to a newly
                                                State Implementation Plan (SIP),                        Information or other information whose
                                                                                                                                                                 established or revised NAAQS.
                                                submitted by the North Carolina                         disclosure is restricted by statute.                        EPA is taking final action to approve
                                                Department of Environment and Natural                   Certain other material, such as                          North Carolina’s February 5, 2013, and
                                                Resources (DENR), Division of Air                       copyrighted material, is not placed on                   July 27, 2015, submissions as: (1)
                                                Quality (DAQ), on February 5, 2013, and                 the Internet and will be publicly                        Satisfying the requirements of section
                                                supplemented on July 27, 2015. The                      available only in hard copy form.                        128 of the CAA; and (2) the
                                                submissions pertain to conflict of                      Publicly available docket materials are                  infrastructure SIP sub-element for
                                                interest requirements of the Clean Air                  available either electronically through                  section 110(a)(2)(E)(ii) related to the
                                                Act (CAA or Act) and were submitted to                  www.regulations.gov or in hard copy at                   state board requirements for the 2010
                                                satisfy the infrastructure SIP sub-                     the Air Regulatory Management Section,                   NO2 NAAQS, 2010 SO2 NAAQS, 2008
                                                element related to the state board for the              Air Planning and Implementation
                                                                                                                                                                 8-hour Ozone NAAQS and 2008 Lead
                                                2010 Nitrogen Dioxide (NO2) National                    Branch, Air, Pesticides and Toxics
                                                                                                                                                                 NAAQS.1 Additionally, North
                                                Ambient Air Quality Standards                           Management Division, U.S.
                                                                                                                                                                 Carolina’s February 5, 2013, and July 27,
                                                (NAAQS), 2010 Sulfur Dioxide (SO2)                      Environmental Protection Agency,
                                                                                                                                                                 2015, submissions satisfy EPA’s
                                                NAAQS, 2008 8-hour Ozone NAAQS                          Region 4, 61 Forsyth Street SW.,
                                                                                                                                                                 multiple conditional approvals of sub-
                                                and 2008 Lead NAAQS. The CAA                            Atlanta, Georgia 30303–8960. EPA
                                                                                                                                                                 element 110(a)(2)(E)(ii) published on
                                                requires that each state adopt and                      requests that if at all possible, you
                                                                                                                                                                 February 6, 2012 (77 FR 5703), and
                                                submit a SIP for the implementation,                    contact the person listed in the FOR
                                                                                                                                                                 October 16, 2012 (77 FR 63234), for the
                                                maintenance, and enforcement of each                    FURTHER INFORMATION CONTACT section to
                                                                                                                                                                 1997 8-hour ozone NAAQS, and 1997
                                                NAAQS promulgated by EPA,                               schedule your inspection. The Regional
                                                commonly referred to as an                              Office’s official hours of business are                    1 Sub-element 110(a)(2)(E)(ii) was previously

                                                ‘‘infrastructure’’ SIP, which includes                  Monday through Friday 8:30 a.m. to                       submitted by North Carolina DAQ previous
                                                conflict of interest requirements. EPA is               4:30 p.m., excluding Federal holidays.                   submissions to EPA to satisfy the state board
mstockstill on DSK4VPTVN1PROD with RULES




                                                                                                                                                                 requirements for the referenced NAAQS. EPA is
                                                taking final action to approve the                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 taking final action to approve the February 5, 2013,
                                                portions of North Carolina’s 2010 NO2                   Sean Lakeman, Air Regulatory                             and July 27, 2015, final submissions in conjunction
                                                infrastructure SIP, 2010 SO2                            Management Section, Air Planning and                     with the previously submissions for the 2010 NO2
                                                infrastructure SIP, 2008 8-hour ozone                   Implementation Branch, Air, Pesticides                   NAAQS (August 23, 2013), 2010 SO2 NAAQS
                                                                                                                                                                 (March 18, 2014), 2008 8-hour Ozone NAAQS
                                                infrastructure SIP, and 2008 Lead                       and Toxics Management Division, U.S.                     (November 2, 2012), and 2008 Lead NAAQS (July
                                                infrastructure SIP as meeting these State               Environmental Protection Agency,                         20, 2012) as satisfying for the state board
                                                board requirements. EPA is also taking                  Region 4, 61 Forsyth Street SW.,                         requirements of section 110(a)(2)(E)(ii) sub-element.



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                                                67646            Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations

                                                annual and 2006 24-hour PM2.5 NAAQS,                    that complies with the provisions of the              Business Regulatory Enforcement
                                                respectively.2 As a result of today’s                   Act and applicable Federal regulations.               Fairness Act of 1996, generally provides
                                                action approving the State’s                            See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               that before a rule may take effect, the
                                                submissions as meeting section 128 of                   Thus, in reviewing SIP submissions,                   agency promulgating the rule must
                                                the CAA, EPA is converting the                          EPA’s role is to approve state choices,               submit a rule report, which includes a
                                                aforementioned conditional approvals                    provided that they meet the criteria of               copy of the rule, to each House of the
                                                to full approvals regarding North                       the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                                Carolina’s infrastructure requirements                  merely approves state law as meeting                  of the United States. EPA will submit a
                                                for section 110(a)(2)(E)(ii) for the 1997               Federal requirements and does not                     report containing this action and other
                                                8-hour ozone NAAQS, and 1997 annual                     impose additional requirements beyond                 required information to the U.S. Senate,
                                                and 2006 24-hour PM2.5 NAAQS.                           those imposed by state law. For that                  the U.S. House of Representatives, and
                                                  EPA proposed to approve the                           reason, this action:                                  the Comptroller General of the United
                                                February 5, 2013, and July 27, 2015,                       • Is not a significant regulatory action           States prior to publication of the rule in
                                                submissions in a notice of proposed                     subject to review by the Office of                    the Federal Register. A major rule
                                                rulemaking (NPR) published on August                    Management and Budget under                           cannot take effect until 60 days after it
                                                24, 2015. See 80 FR 51167. The details                  Executive Orders 12866 (58 FR 51735,                  is published in the Federal Register.
                                                of North Carolina’s submittals and the                  October 4, 1993) and 13563 (76 FR 3821,               This action is not a ‘‘major rule’’ as
                                                rationale for EPA’s actions are explained               January 21, 2011);                                    defined by 5 U.S.C. 804(2).
                                                in the NPR. Comments on the proposed                       • does not impose an information                      Under section 307(b)(1) of the CAA,
                                                rulemaking were due on or before                        collection burden under the provisions                petitions for judicial review of this
                                                September 23, 2015. No adverse                          of the Paperwork Reduction Act (44                    action must be filed in the United States
                                                comments were received.                                 U.S.C. 3501 et seq.);                                 Court of Appeals for the appropriate
                                                                                                           • is certified as not having a                     circuit by January 4, 2016. Filing a
                                                II. Final Action                                        significant economic impact on a                      petition for reconsideration by the
                                                   As described above, EPA is taking                    substantial number of small entities                  Administrator of this final rule does not
                                                final action to approve North Carolina’s                under the Regulatory Flexibility Act (5               affect the finality of this action for the
                                                February 5, 2013, and July 27, 2015,                    U.S.C. 601 et seq.);                                  purposes of judicial review nor does it
                                                submissions concerning the conflict of                     • does not contain any unfunded                    extend the time within which a petition
                                                interest requirements of CAA section                    mandate or significantly or uniquely                  for judicial review may be filed, and
                                                128(a)(2) for inclusion into the North                  affect small governments, as described                shall not postpone the effectiveness of
                                                Carolina SIP.3 Specifically, EPA is                     in the Unfunded Mandates Reform Act                   such rule or action. This action may not
                                                approving North Carolina’s submissions                  of 1995 (Pub. L. 104–4);                              be challenged later in proceedings to
                                                related to the Secretary of the DENR and                   • does not have Federalism
                                                                                                                                                              enforce its requirements. See section
                                                his/her delegatee that approve air                      implications as specified in Executive
                                                                                                                                                              307(b)(2).
                                                permits or enforcement orders and as it                 Order 13132 (64 FR 43255, August 10,
                                                relates to appealed matters decided by                  1999);                                                List of Subjects in 40 CFR Part 52
                                                administrative law judges (ALJs).                          • is not an economically significant                 Environmental protection, Air
                                                Additionally, EPA is approving the                      regulatory action based on health or                  pollution control, Incorporation by
                                                portions of North Carolina’s 2010 NO2                   safety risks subject to Executive Order               reference, Intergovernmental relations,
                                                infrastructure SIP, 2010 SO2                            13045 (62 FR 19885, April 23, 1997);                  Nitrogen dioxide, Ozone, Particulate
                                                infrastructure SIP, 2008 8-hour ozone                      • is not a significant regulatory action
                                                                                                                                                              Matter, Reporting and recordkeeping
                                                infrastructure SIP, and 2008 Lead                       subject to Executive Order 13211 (66 FR
                                                                                                                                                              requirements, Volatile organic
                                                infrastructure SIP related to                           28355, May 22, 2001);
                                                                                                                                                              compounds.
                                                110(a)(2)(E)(ii). EPA is also converting                   • is not subject to requirements of
                                                previous conditional approvals for                      Section 12(d) of the National                           Dated: October 20, 2015.
                                                North Carolina’s infrastructure                         Technology Transfer and Advancement                   Heather McTeer Toney,
                                                submissions for the 1997 8-hour ozone                   Act of 1995 (15 U.S.C. 272 note) because              Regional Administrator, Region 4.
                                                NAAQS, 1997 annual and 2006 24-hour                     application of those requirements would                   40 CFR part 52 is amended as follows:
                                                PM2.5 NAAQS addressing CAA section                      be inconsistent with the CAA; and
                                                110(a)(2)(E)(ii) requirements to                           • does not provide EPA with the                    PART 52—APPROVAL AND
                                                approvals.                                              discretionary authority to address, as                PROMULGATION OF
                                                                                                        appropriate, disproportionate human                   IMPLEMENTATION PLANS
                                                III. Statutory and Executive Order                      health or environmental effects, using
                                                Reviews                                                 practicable and legally permissible                   ■ 1. The authority citation for part 52
                                                   Under the CAA, the Administrator is                  methods, under Executive Order 12898                  continues to read as follows:
                                                required to approve a SIP submission                    (59 FR 7629, February 16, 1994).                          Authority: 42. U.S.C. 7401 et seq.
                                                                                                        The SIP is not approved to apply on any
                                                  2 Sub-element 110(a)(2)(E)(ii) was previously
                                                                                                        Indian reservation land or in any other               Subpart II—North Carolina
                                                submitted by North Carolina DAQ to EPA to satisfy
                                                the state board requirements for the referenced         area where EPA or an Indian tribe has
                                                NAAQS. EPA is taking final action to approve the        demonstrated that a tribe has                         ■  2. Section 52.1770(e), is amended by
                                                February 5, 2013, and July 27, 2015, final              jurisdiction. In those areas of Indian                adding new entries for ‘‘110(a)(1) and
                                                submissions in conjunction with the previous            country, the rule does not have tribal                (2) Infrastructure Requirements for the
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                                                conditional approvals for the 1997 8-hour ozone
                                                NAAQS and 1997 annual and 2006 24-hour PM2.5            implications as specified by Executive                1997 8-hour Ozone NAAQS’’, ‘‘110(a)(1)
                                                NAAQS as satisfying the state board requirements        Order 13175 (65 FR 67249, November 9,                 and (2) Infrastructure Requirements for
                                                for this sub-element.                                   2000), nor will it impose substantial                 the 1997 Annual PM2.5 NAAQS’’,
                                                  3 As noted in the NPR, as of October 1, 2012,
                                                                                                        direct costs on tribal governments or                 ‘‘110(a)(1) and (2) Infrastructure
                                                North Carolina has no boards or bodies with
                                                authority over air pollution permits or enforcement     preempt tribal law.                                   Requirements for the 2006 24-hour
                                                orders and therefore the requirements of section           The Congressional Review Act, 5                    PM2.5 NAAQS’’, ‘‘110(a)(1) and (2)
                                                128(a)(1) are not applicable.                           U.S.C. 801 et seq., as added by the Small             Infrastructure Requirements for the 2008


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                                                                 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations                                                                  67647

                                                Lead NAAQS’’, ‘‘110(a)(1) and (2)                         Infrastructure Requirements for the 2010                                § 52.1770   Identification of plan.
                                                Infrastructure Requirements for the 2008                  SO2 NAAQS’’ and ‘‘Chapter 7A section                                    *       *    *      *       *
                                                8-hour Ozone NAAQS’’, ‘‘110(a)(1) and                     754 of the North Carolina General
                                                                                                                                                                                      (e) * * *
                                                (2) Infrastructure Requirements for the                   Statues’’ at the end of the table to read
                                                2010 NO2 NAAQS’’, ‘‘110(a)(1) and (2)                     as follows:

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


                                                         *                        *                       *                            *                                      *                     *                    *
                                                110(a)(1) and (2) Infrastruc-         7/27/2015        11/3/2015           [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  1997 8-hour Ozone                                                                                                         permit or enforcement orders and appealed matters
                                                  NAAQS.                                                                                                                    decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015        11/3/2015           [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  1997 Annual PM2.5                                                                                                         permit or enforcement orders and appealed matters
                                                  NAAQS.                                                                                                                    decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015         11/3/2015          [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  2006 24-hour PM2.5                                                                                                        permit or enforcement orders and appealed matters
                                                  NAAQS.                                                                                                                    decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015     ....................   ............................................   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                                                                 of the DENR and his/her delegatee that approve
                                                  2008 Lead NAAQS.                                                                                                          permit or enforcement orders and appealed matters
                                                                                                                                                                            decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015     ....................   ............................................   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                                                                 of the DENR and his/her delegatee that approve
                                                  2008 8-hour Ozone                                                                                                         permit or enforcement orders and appealed matters
                                                  NAAQS.                                                                                                                    decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015        11/3/2015           [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  2010 NO2 NAAQS.                                                                                                           permit or enforcement orders and appealed matters
                                                                                                                                                                            decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015        11/3/2015           [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  2010 SO2 NAAQS.                                                                                                           permit or enforcement orders and appealed matters
                                                                                                                                                                            decided by ALJs.
                                                Chapter 7A section 754 of             7/27/2015        11/3/2015           [Insert Federal Register ci-                   Specifically, the following paragraph of 7A–754 stating
                                                  the North Carolina Gen-                                                     tation].                                      ‘‘The Chief Administrative Law Judge and the admin-
                                                  eral Statues.                                                                                                             istrative law judges shall comply with the Model
                                                                                                                                                                            Code of Judicial Conduct for State Administrative
                                                                                                                                                                            Law Judges, as adopted by the National Conference
                                                                                                                                                                            of Administrative Law Judges, Judicial Division,
                                                                                                                                                                            American Bar Association, (revised August 1998), as
                                                                                                                                                                            amended from time to time, except that the provi-
                                                                                                                                                                            sions of this section shall control as to the private
                                                                                                                                                                            practice of law in lieu of Canon 4G, and G.S. 126–
                                                                                                                                                                            13 shall control as to political activity in lieu of
                                                                                                                                                                            Canon 5.’’ is approved into the SIP.



                                                § 52.1773   [Amended]                                     ENVIRONMENTAL PROTECTION                                                Protection Agency (EPA) is approving
                                                                                                          AGENCY                                                                  revisions to the Oklahoma State
                                                ■ 3. Amend § 52.1773 by removing                                                                                                  Implementation Plan (SIP) submitted by
                                                paragraph (a), and redesignating                          40 CFR Part 52                                                          the State of Oklahoma designee. The
                                                paragraphs (b) and (c) as paragraphs (a)                                                                                          revisions are administrative in nature
                                                and (b), respectively.                                    [EPA–R06–OAR–2011–0034; FRL–9936–37–                                    and modify redundant or erroneous text
                                                [FR Doc. 2015–27881 Filed 11–2–15; 8:45 am]               Region 6]                                                               within the SIP. The revisions also
                                                BILLING CODE 6560–50–P                                                                                                            incorporate new definitions and the
                                                                                                          Approval and Promulgation of Air                                        current national ambient air quality
                                                                                                          Quality Implementation Plans;                                           standards (NAAQS) for four criteria
                                                                                                          Oklahoma
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                                                                                                                                                                                  pollutants; delete a subchapter that
                                                                                                          AGENCY: Environmental Protection                                        addresses motor vehicle pollution
                                                                                                          Agency (EPA).                                                           control devices; and add requirements
                                                                                                          ACTION: Direct final rule.
                                                                                                                                                                                  for certain incinerators.
                                                                                                                                                                                  DATES: This rule is effective on January
                                                                                                          SUMMARY: Under the Federal Clean Air                                    4, 2016 without further notice, unless
                                                                                                          Act (CAA or Act) the Environmental                                      EPA receives relevant adverse comment


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Document Created: 2018-03-01 11:32:41
Document Modified: 2018-03-01 11:32:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective December 3, 2015.
ContactSean Lakeman, 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. Mr. Lakeman can be reached by telephone at (404) 562-9043 or via electronic mail at [email protected]
FR Citation80 FR 67645 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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