81 FR 45421 - Air Plan Approval; NC; Fine Particulate Matter National Ambient Air Quality Standards Revision
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 135 (July 14, 2016)
Federal Register Volume 81, Issue 135 (July 14, 2016)
| Page Range | 45421-45423 | |
| FR Document | 2016-16458 |
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)] [Rules and Regulations] [Pages 45421-45423] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16458] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0106; FRL-9948-95-Region 4] Air Plan Approval; NC; Fine Particulate Matter National Ambient Air Quality Standards Revision AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to a State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality's (NCDEQ) Division of Air Quality (DAQ) on December 11, 2015, that incorporates amendments to the state rules reflecting the 2012 national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5 ). This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This direct final rule is effective September 12, 2016 without further notice, unless EPA receives adverse comment by August 15, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2016-0106 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sanchez can be reached via telephone at (404) 562-9644 or 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 taking direct final action to approve North Carolina's December 11, 2015, submission amending the State's regulations to incorporate the NAAQS for PM2.5 , which are found at 15A North Carolina Administrative Code (NCAC) 02D .0410. The SIP submittal amending North Carolina's rules to incorporate the NAAQS can be found in the docket for this rulemaking at www.regulations.gov and is summarized below. II. Analysis of State's Submittal On December 14, 2012, EPA promulgated a revised primary annual PM2.5 NAAQS. See 78 FR 3086. In that action, EPA revised the primary annual PM2.5 standard, strengthening it from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\, and retained the existing 24-hour PM2.5 standard at 35 [mu]g/ m\3\. Accordingly, in the December 11, 2015, SIP submittal, North Carolina revised state rule 15A NCAC 02D .0410 PM2.5 Particulate Matter to update the primary air quality standard for PM2.5 to be consistent with the NAAQS that were promulgated by EPA in 2012. EPA has reviewed this change to North Carolina's rule for PM2.5 and has made the determination that this change is 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 incorporation by reference of North Carolina regulation 15A NCAC 02D .0410 PM2.5 Particulate Matter effective September 1, 2015, which was revised to be consistent with the current NAAQS. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the [[Page 45422]] next update to the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action EPA is approving the aforementioned change to the North Carolina SIP because it is consistent with EPA's 2012 PM2.5 standards. 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 12, 2016September 12, 2016 without further notice unless the Agency receives adverse comments by August 15, 2016. 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 public 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 12, 2016 and no further action will be taken on the proposed rule. 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 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 12, 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. 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, Particulate matter. Dated: June 30, 2016. Heather McTeer Toney, Regional Administrator, Region 4. 40 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 entry for ``Sect .0410'' to read as follows: Sec. 52.1770 Identification of plan. * * * * * (c) * * * [[Page 45423]] Table 1--EPA Approved North Carolina Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State citation Title/Subject State effective date EPA Approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- Subchapter 2D Air Pollution Control Requirements * * * * * * * Section .0400 Ambient Air Quality Standards * * * * * * * Sect .0410............................ PM2.5 Particulate Matter...... 9/1/2015 7/14/16, [Insert citation of ....................... publication] * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-16458 Filed 7-13-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45421
List of Subjects in 40 CFR Part 52 SUMMARY: The Environmental Protection I. Background
Environmental protection, Air Agency (EPA) is taking direct final
action to approve a revision to a State Sections 108 and 109 of the CAA
pollution control, Incorporation by govern the establishment, review, and
reference, Ozone, Nitrogen dioxide, Implementation Plan (SIP) submitted by
the State of North Carolina, through the revision, as appropriate, of the NAAQS
Volatile organic compounds. to protect public health and welfare.
North Carolina Department of
Dated: June 27, 2016. Environmental Quality’s (NCDEQ) The CAA requires periodic review of the
Heather McTeer Toney, Division of Air Quality (DAQ) on air quality criteria—the science upon
Regional Administrator, Region 4. December 11, 2015, that incorporates which the standards are based—and the
40 CFR part 52 is amended as follows: amendments to the state rules reflecting standards themselves. EPA’s regulatory
the 2012 national ambient air quality provisions that govern the NAAQS are
PART 52—APPROVAL AND standards (NAAQS) for fine particulate found at 40 CFR 50—National Primary
PROMULGATION OF matter (PM2.5). This action is being and Secondary Ambient Air Quality
IMPLEMENTATION PLANS taken pursuant to the Clean Air Act Standards. In this rulemaking, EPA is
(CAA or Act). taking direct final action to approve
■ 1. The authority citation for part 52 North Carolina’s December 11, 2015,
continues to read as follows: DATES: This direct final rule is effective submission amending the State’s
Authority: 42 U.S.C. 7401 et seq. September 12, 2016 without further regulations to incorporate the NAAQS
notice, unless EPA receives adverse for PM2.5, which are found at 15A North
Subpart L—Georgia comment by August 15, 2016. If EPA Carolina Administrative Code (NCAC)
receives such comments, it will publish 02D .0410. The SIP submittal amending
■ 2. Section 52.582 is amended by a timely withdrawal of the direct final North Carolina’s rules to incorporate the
adding paragraph (e) to read as follows: rule in the Federal Register and inform NAAQS can be found in the docket for
§ 52.582 Control strategy: Ozone.
the public that the rule will not take this rulemaking at www.regulations.gov
effect. and is summarized below.
* * * * *
(e) Determination of attaining data. ADDRESSES: Submit your comments, II. Analysis of State’s Submittal
EPA has determined, as of July 14, 2016, identified by Docket ID No. EPA–R04–
that the Atlanta, Georgia nonattainment OAR–2016–0106 at http:// On December 14, 2012, EPA
area has attaining data for the 2008 8- www.regulations.gov. Follow the online promulgated a revised primary annual
hour ozone NAAQS. This instructions for submitting comments. PM2.5 NAAQS. See 78 FR 3086. In that
determination, in accordance with 40 Once submitted, comments cannot be action, EPA revised the primary annual
CFR 51.1118, suspends the edited or removed from Regulations.gov. PM2.5 standard, strengthening it from
requirements for this area to submit EPA may publish any comment received 15.0 micrograms per cubic meter (mg/
attainment demonstrations and to its public docket. Do not submit m3) to 12.0 mg/m3, and retained the
associated reasonably available control electronically any information you existing 24-hour PM2.5 standard at 35
measures, reasonable further progress consider to be Confidential Business mg/m3. Accordingly, in the December
plans, contingency measures for failure Information (CBI) or other information 11, 2015, SIP submittal, North Carolina
to attain or make reasonable progress, whose disclosure is restricted by statute. revised state rule 15A NCAC 02D .0410
and other planning SIPs related to Multimedia submissions (audio, video, PM2.5 Particulate Matter to update the
attainment of the 2008 ozone NAAQS, etc.) must be accompanied by a written primary air quality standard for PM2.5 to
or for any prior NAAQS for which the comment. The written comment is be consistent with the NAAQS that were
determination has been made, until considered the official comment and promulgated by EPA in 2012. EPA has
such time as: The area is redesignated should include discussion of all points reviewed this change to North
to attainment for that NAAQS or a you wish to make. EPA will generally Carolina’s rule for PM2.5 and has made
redesignation substitute is approved as not consider comments or comment the determination that this change is
appropriate, at which time the contents located outside of the primary consistent with federal regulations.
requirements no longer apply; or EPA submission (i.e. on the web, cloud, or III. Incorporation by Reference
determines that the area has violated other file sharing system). For
that NAAQS, at which time the area is additional submission methods, the full In this rule, EPA is finalizing
again required to submit such plans. EPA public comment policy, regulatory text that includes
[FR Doc. 2016–16449 Filed 7–13–16; 8:45 am] information about CBI or multimedia incorporation by reference. In
BILLING CODE 6560–50–P submissions, and general guidance on accordance with requirements of 1 CFR
making effective comments, please visit 51.5, EPA is finalizing the incorporation
http://www.epa.gov/dockets/ by reference of North Carolina
ENVIRONMENTAL PROTECTION commenting-epa-dockets. regulation 15A NCAC 02D .0410 PM2.5
AGENCY Particulate Matter effective September
FOR FURTHER INFORMATION CONTACT: 1, 2015, which was revised to be
40 CFR Part 52 Madolyn Sanchez, Air Regulatory consistent with the current NAAQS.
Management Section, Air Planning and Therefore, these materials have been
[EPA–R04–OAR–2016–0106; FRL–9948–95- Implementation Branch, Air, Pesticides
Region 4] approved by EPA for inclusion in the
and Toxics Management Division, U.S. State implementation plan, have been
Environmental Protection Agency,
mstockstill on DSK3G9T082PROD with RULES
Air Plan Approval; NC; Fine Particulate incorporated by reference by EPA into
Matter National Ambient Air Quality Region 4, 61 Forsyth Street SW., that plan, are fully federally enforceable
Standards Revision Atlanta, Georgia 30303–8960. Ms. under sections 110 and 113 of the CAA
Sanchez can be reached via telephone at as of the effective date of the final
AGENCY: Environmental Protection (404) 562–9644 or via electronic mail at rulemaking of EPA’s approval, and will
Agency. sanchez.madolyn@epa.gov. be incorporated by reference by the
ACTION: Direct final rule. Director of the Federal Register in the
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 15:55 Jul 13, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\14JYR1.SGM 14JYR1](https://thefederalregister.org/doc/81_FR_45556/page/1.svg)
![Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45423
TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
State citation Title/Subject State effective date EPA Approval date Explanation
Subchapter 2D Air Pollution Control Requirements
* * * * * * *
Section .0400 Ambient Air Quality Standards
* * * * * * *
Sect .0410 ............... PM2.5 Particulate Matter ....................... 9/1/2015 7/14/16, [Insert citation of publication]
* * * * * * *
* * * * * through June 30, 2016. This action is fishery categories also are apportioned a
[FR Doc. 2016–16458 Filed 7–13–16; 8:45 am] consistent with the goals and objectives combined, fifth seasonal halibut PSC
BILLING CODE 6560–50–P of the Fishery Management Plan for limit. Unused seasonal apportionments
Groundfish of the Gulf of Alaska. are added to the next season
DATES: Effective 1200 hours, Alaska apportionment during a fishing year.
DEPARTMENT OF COMMERCE local time (A.l.t.), July 11, 2016, through Regulations at § 679.21(d)(4)(iii)(D)
2400 hours, A.l.t., December 31, 2016. require NMFS to combine management
National Oceanic and Atmospheric
Administration FOR FURTHER INFORMATION CONTACT: Josh of the available trawl halibut PSC limits
Keaton, 907–586–7228. in the second season (April 1 through
50 CFR Part 679 SUPPLEMENTARY INFORMATION: NMFS July 1) deep-water and shallow-water
manages the groundfish fishery in the species fishery categories for use in
[Docket No. 150818742–6210–02] either fishery from May 15 through June
Gulf of Alaska (GOA) exclusive
RIN 0648–XE728 economic zone according to the Fishery 30 of each year. Furthermore, NMFS is
Management Plan for Groundfish of the required to reapportion the halibut PSC
Fisheries of the Exclusive Economic Gulf of Alaska (FMP) prepared by the limit between the deep-water and
Zone Off Alaska; Reapportionment of North Pacific Fishery Management shallow-water species fisheries after
the 2016 Gulf of Alaska Pacific Halibut Council under authority of the June 30 to account for actual halibut
Prohibited Species Catch Limits for the Magnuson-Stevens Fishery PSC use by each fishery category during
Trawl Deep-Water and Shallow-Water Conservation and Management Act. May 15 through June 30. As of July 6,
Fishery Categories Regulations governing fishing by U.S. 2016, NMFS has determined that the
AGENCY: National Marine Fisheries vessels in accordance with the FMP trawl deep-water and shallow-water
Service (NMFS), National Oceanic and appear at subpart H of 50 CFR part 600 fisheries used 28 metric tons (mt) and
Atmospheric Administration (NOAA), and 50 CFR part 679. 32 mt of halibut PSC, respectively, from
Commerce. The final 2016 and 2017 harvest May 15 through June 30. Accordingly,
specifications for groundfish in the GOA pursuant to § 679.21(d)(4)(iii)(D), the
ACTION: Temporary rule;
(81 FR 14740, March 18, 2016) Regional Administrator is
reapportionment.
apportions the 2016 Pacific halibut PSC reapportioning the combined first and
SUMMARY: NMFS is reapportioning the limit for trawl gear in the GOA to two second seasonal apportionments (810
seasonal apportionments of the 2016 trawl fishery categories: A deep-water mt) of halibut PSC limit between the
Pacific halibut prohibited species catch species fishery and a shallow-water trawl deep-water and shallow-water
(PSC) limits for the trawl deep-water species fishery. The halibut PSC limit fishery categories to account for the
and shallow-water species fishery for these two trawl fishery categories is actual PSC use (792 mt) in each fishery.
categories in the Gulf of Alaska. This further apportioned by season, Therefore, Table 15 of the final 2016
action is necessary to account for the including four seasonal apportionments and 2017 harvest specifications for
actual halibut PSC use by the trawl to the shallow-water species fishery and groundfish in the GOA (81 FR 14740,
deep-water and shallow-water species three seasonal apportionments to the March 18, 2016) is revised consistent
fishery categories from May 15, 2016, deep-water species fishery. The two with this adjustment.
TABLE 15—FINAL 2016 AND 2017 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE TRAWL GEAR
DEEP-WATER SPECIES FISHERY AND THE SHALLOW-WATER SPECIES FISHERY CATEGORIES
[Values are in metric tons]
Season Shallow-water Deep-water 1 Total
January 20–April 1 ..................................................................................... 257 92 ..................................................... 349
April 1–July 1 ............................................................................................. 144 299 ................................................... 443
mstockstill on DSK3G9T082PROD with RULES
Subtotal of combined first and second season limit (January 20–July 1) 401 391 ................................................... 792
July 1–September 1 ................................................................................... 180 350 ................................................... 530
September 1–October 1 ............................................................................ 128 Any remainder ................................. 128
Subtotal January 20–October 1 ................................................................. 709 741 ................................................... 1,450
October 1–December 31 2 ......................................................................... ........................ .......................................................... 256
VerDate Sep<11>2014 15:55 Jul 13, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\14JYR1.SGM 14JYR1](https://thefederalregister.org/doc/81_FR_45556/page/3.svg)
Document Created: 2016-07-14 01:54:54
Document Modified: 2016-07-14 01:54:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule is effective September 12, 2016 without further notice, unless EPA receives adverse comment by August 15, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sanchez can be reached via telephone at (404) 562-9644 or via electronic mail at [email protected] | |
| FR Citation | 81 FR 45421 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Particulate Matter |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR