81 FR 70966 - Air Plan Approval; KY; Removal of Stage II Gasoline Vapor Recovery Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 199 (October 14, 2016)
Federal Register Volume 81, Issue 199 (October 14, 2016)
| Page Range | 70966-70968 | |
| FR Document | 2016-24779 |
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)] [Rules and Regulations] [Pages 70966-70968] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24779] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0312; FRL-9954-08-Region 4] Air Plan Approval; KY; Removal of Stage II Gasoline Vapor Recovery Program AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving changes to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky, through the Kentucky Energy and Environmental Cabinet, on May 3, 2016. This SIP revision removes Stage II vapor control requirements for new and upgraded gasoline dispensing facilities in the State and allows for the decommissioning of existing Stage II equipment in Boone, Campbell and Kenton Counties in Kentucky (hereinafter referred to as the ``Northern Kentucky Area'' or ``Area''). EPA determined that Kentucky's May 3, 2016, SIP revision is approvable because it is consistent with the Clean Air Act (CAA or Act). DATES: This rule will be effective November 14, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0312. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be 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: Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sheckler's telephone number is (404) 562-9222. She can also be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On February 3, 1998, the Commonwealth of Kentucky submitted a SIP revision to address the Stage II requirements \1\ for the Northern Kentucky Area.\2\ EPA approved that SIP revision, containing Kentucky regulation 401 KAR 59:174--Stage II controls at gasoline dispensing facilities, in a notice published on February 8, 1999 (63 FR 67586). On May 3, 2016, the Commonwealth of Kentucky submitted a SIP revision to EPA seeking modifications of the Stage II requirements in the Northern Kentucky Area. Specifically, it sought the removal of the Stage II requirements in Kentucky regulation 401 KAR 59:174--Stage II Controls at gasoline dispensing facilities. EPA published a proposed rulemaking on August 17, 2016, to approve that SIP revision. The details of Kentucky's submittal and the rationale for EPA's action are explained in the proposed rulemaking. See 81 FR 54780. The comment period for this proposed rulemaking closed on September 16, 2016. EPA did not receive any comments, adverse or otherwise, during the public comment period. --------------------------------------------------------------------------- \1\ Stage II is a system designed to capture displaced vapors that emerge from inside a vehicle's fuel tank, when gasoline is dispensed into the tank. There are two basic types of Stage II systems, the balance type and the vacuum assist type. \2\ On November 6, 1991, EPA designated and classified Boone, Campbell and Kenton Counties in Kentucky as part of the seven-county area in and around the Cincinnati-Hamilton, OH-KY, area as a moderate nonattainment area for the 1-hour ozone NAAQS. See 56 FR 56694. The ``moderate'' classification triggered various statutory requirements for the Area, including the requirement pursuant to section 182(b)(3) of the CAA to require all owners and operators of gasoline dispensing systems to install and operate Stage II. EPA redesignated the Northern Kentucky portion of the Area to attainment for the 1-hour ozone NAAQS, effective July 31, 2002. See 67 FR 49600. --------------------------------------------------------------------------- II. 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 Kentucky regulation 401 KAR 59:174--Stage II Controls at gasoline dispensing facilities, effective May 3, 2016, which removes Stage II vapor control requirements for new and upgraded gasoline dispensing facilities in the State. 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 next update to the SIP compilation.\3\ 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) --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- [[Page 70967]] III. Final Action EPA is taking final action to approve the May 3, 2016, revision to Kentucky Air Regulation 401 KAR 59:174, submitted by the Commonwealth of Kentucky. This action removes Stage II vapor control requirements for new and upgraded gasoline dispensing facilities and allows for the decommissioning of existing Stage II equipment. EPA has determined that Kentucky's May 3, 2016, SIP revision related to the State's Stage II rules is consistent with the CAA and EPA's regulations and guidance related to removal of Stage II requirements from the SIP and that these changes will not interfere with any applicable requirement concerning attainment or any other applicable requirement of the CAA, and therefore satisfy section 110(l). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 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 Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 13, 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 3, 2016. 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 S--Kentucky 0 2. Section 52.920(c) Table 1 is amended under Chapter 59 by revising the entry for ``401 KAR 59:174'' to read of follows: Sec. 52.920 Identification of plan. * * * * * (c) * * * EPA Approved Kentucky Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- Chapter 59 New Source Standards -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 401 KAR 59:174.................... Stage II controls at 5/3/2016 [Insert citation of publication]...... gasoline dispensing facilities. -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 70968]] * * * * * [FR Doc. 2016-24779 Filed 10-13-16; 8:45 am] BILLING CODE 6560-50-P
![70966 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
and compliance reporting requirements, (hereinafter referred to as the ‘‘Northern revision, containing Kentucky
that means that there will be reduced Kentucky Area’’ or ‘‘Area’’). EPA regulation 401 KAR 59:174—Stage II
emissions and greater responsibility on determined that Kentucky’s May 3, controls at gasoline dispensing facilities,
the part of sources. This final action will 2016, SIP revision is approvable because in a notice published on February 8,
reduce adverse impacts by improving it is consistent with the Clean Air Act 1999 (63 FR 67586). On May 3, 2016,
air quality in Indian country. In (CAA or Act). the Commonwealth of Kentucky
addition, we seek to establish a flexible DATES: This rule will be effective submitted a SIP revision to EPA seeking
preconstruction permitting program for November 14, 2016. modifications of the Stage II
minor sources in Indian country that is ADDRESSES: EPA has established a requirements in the Northern Kentucky
comparable to similar programs in docket for this action under Docket Area. Specifically, it sought the removal
neighboring states in order to create a Identification No. EPA–R04–OAR– of the Stage II requirements in Kentucky
more level regulatory playing field for 2016–0312. All documents in the docket regulation 401 KAR 59:174—Stage II
owners and operators within and are listed on the www.regulations.gov Controls at gasoline dispensing
outside of Indian country. This final Web site. Although listed in the index, facilities. EPA published a proposed
action will reduce an existing disparity some information may not be publicly rulemaking on August 17, 2016, to
by filling the regulatory gap. available, i.e., Confidential Business approve that SIP revision. The details of
K. Congressional Review Act (CRA) Information or other information whose Kentucky’s submittal and the rationale
disclosure is restricted by statute. for EPA’s action are explained in the
This action is subject to the Certain other material, such as
Congressional Review Act, and the EPA proposed rulemaking. See 81 FR 54780.
copyrighted material, is not placed on The comment period for this proposed
will submit a rule report to each House the Internet and will be publicly
of the Congress and to the Comptroller rulemaking closed on September 16,
available only in hard copy form.
General of the United States. This action 2016. EPA did not receive any
Publicly available docket materials are
is not a ‘‘major rule’’ as defined by 5 comments, adverse or otherwise, during
available either electronically through
U.S.C. 804(2). the public comment period.
www.regulations.gov or in hard copy at
List of Subjects in 40 CFR Part 49 the Air Regulatory Management Section, II. Incorporation by Reference
Environmental protection, Air Planning and Implementation
Branch, Air, Pesticides and Toxics In this rule, EPA is finalizing
Administrative practices and regulatory text that includes
procedures, Air pollution control, Management Division, U.S.
Environmental Protection Agency, incorporation by reference. In
Indians, Indians-law, Indians-tribal
Region 4, 61 Forsyth Street SW., accordance with requirements of 1 CFR
government, Intergovernmental
Atlanta, Georgia 30303–8960. EPA 51.5, EPA is finalizing the incorporation
relations, Reporting and recordkeeping
requests that if at all possible, you by reference of Kentucky regulation 401
requirements.
contact the person listed in the FOR KAR 59:174—Stage II Controls at
Dated: September 16, 2016. FURTHER INFORMATION CONTACT section to gasoline dispensing facilities, effective
Gina McCarthy, schedule your inspection. The Regional May 3, 2016, which removes Stage II
Administrator. Office’s official hours of business are vapor control requirements for new and
[FR Doc. 2016–23178 Filed 10–13–16; 8:45 am] Monday through Friday 8:30 a.m. to upgraded gasoline dispensing facilities
BILLING CODE 6560–50–P 4:30 p.m., excluding federal holidays. in the State. Therefore, these materials
FOR FURTHER INFORMATION CONTACT: have been approved by EPA for
Kelly Sheckler, Air Regulatory inclusion in the State implementation
ENVIRONMENTAL PROTECTION Management Section, Air Planning and plan, have been incorporated by
AGENCY Implementation Branch, Pesticides and reference by EPA into that plan, are
Toxics Management Division, Region 4, fully federally enforceable under
40 CFR Part 52
U.S. Environmental Protection Agency, sections 110 and 113 of the CAA as of
[EPA–R04–OAR–2016–0312; FRL–9954–08– 61 Forsyth Street SW., Atlanta, Georgia the effective date of the final rulemaking
Region 4] 30303–8960. Ms. Sheckler’s telephone of EPA’s approval, and will be
number is (404) 562–9222. She can also incorporated by reference by the
Air Plan Approval; KY; Removal of be reached via electronic mail at
Stage II Gasoline Vapor Recovery Director of the Federal Register in the
sheckler.kelly@epa.gov. next update to the SIP compilation.3
Program
SUPPLEMENTARY INFORMATION: EPA has made, and will continue to
AGENCY: Environmental Protection I. Background make, these materials generally
Agency. available through www.regulations.gov
ACTION: Final rule. On February 3, 1998, the
and/or at the EPA Region 4 Office
Commonwealth of Kentucky submitted
(please contact the person identified in
SUMMARY: The Environmental Protection a SIP revision to address the Stage II
Agency (EPA) is approving changes to requirements 1 for the Northern the ‘‘For Further Information Contact’’
the Kentucky State Implementation Plan Kentucky Area.2 EPA approved that SIP section of this preamble for more
(SIP) submitted by the Commonwealth information)
of Kentucky, through the Kentucky 1 Stage II is a system designed to capture
Energy and Environmental Cabinet, on displaced vapors that emerge from inside a NAAQS. See 56 FR 56694. The ‘‘moderate’’
vehicle’s fuel tank, when gasoline is dispensed into classification triggered various statutory
May 3, 2016. This SIP revision removes the tank. There are two basic types of Stage II requirements for the Area, including the
ehiers on DSK5VPTVN1PROD with RULES
Stage II vapor control requirements for systems, the balance type and the vacuum assist requirement pursuant to section 182(b)(3) of the
new and upgraded gasoline dispensing type. CAA to require all owners and operators of gasoline
facilities in the State and allows for the 2 On November 6, 1991, EPA designated and dispensing systems to install and operate Stage II.
classified Boone, Campbell and Kenton Counties in EPA redesignated the Northern Kentucky portion of
decommissioning of existing Stage II Kentucky as part of the seven-county area in and the Area to attainment for the 1-hour ozone
equipment in Boone, Campbell and around the Cincinnati-Hamilton, OH–KY, area as a NAAQS, effective July 31, 2002. See 67 FR 49600.
Kenton Counties in Kentucky moderate nonattainment area for the 1-hour ozone 3 62 FR 27968 (May 22, 1997).
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![Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 70967
III. Final Action • does not contain any unfunded the Comptroller General of the United
EPA is taking final action to approve mandate or significantly or uniquely States prior to publication of the rule in
the May 3, 2016, revision to Kentucky affect small governments, as described the Federal Register. A major rule
Air Regulation 401 KAR 59:174, in the Unfunded Mandates Reform Act cannot take effect until 60 days after it
submitted by the Commonwealth of of 1995 (Pub. L. 104–4); is published in the Federal Register.
Kentucky. This action removes Stage II • does not have Federalism This action is not a ‘‘major rule’’ as
vapor control requirements for new and implications as specified in Executive defined by 5 U.S.C. 804(2).
upgraded gasoline dispensing facilities Order 13132 (64 FR 43255, August 10, Under section 307(b)(1) of the CAA,
and allows for the decommissioning of 1999); petitions for judicial review of this
existing Stage II equipment. EPA has • is not an economically significant action must be filed in the United States
determined that Kentucky’s May 3, regulatory action based on health or Court of Appeals for the appropriate
2016, SIP revision related to the State’s safety risks subject to Executive Order circuit by December 13, 2016. Filing a
Stage II rules is consistent with the CAA 13045 (62 FR 19885, April 23, 1997); petition for reconsideration by the
and EPA’s regulations and guidance • is not a significant regulatory action Administrator of this final rule does not
related to removal of Stage II subject to Executive Order 13211 (66 FR affect the finality of this action for the
requirements from the SIP and that 28355, May 22, 2001); purposes of judicial review nor does it
these changes will not interfere with • is not subject to requirements of extend the time within which a petition
any applicable requirement concerning Section 12(d) of the National for judicial review may be filed, and
attainment or any other applicable Technology Transfer and Advancement shall not postpone the effectiveness of
requirement of the CAA, and therefore Act of 1995 (15 U.S.C. 272 note) because such rule or action. This action may not
satisfy section 110(l). application of those requirements would be challenged later in proceedings to
be inconsistent with the CAA; and enforce its requirements. See section
IV. Statutory and Executive Order • does not provide EPA with the 307(b)(2).
Reviews discretionary authority to address, as
appropriate, disproportionate human List of Subjects in 40 CFR Part 52
Under the CAA, the Administrator is
required to approve a SIP submission health or environmental effects, using Environmental protection, Air
that complies with the provisions of the practicable and legally permissible pollution control, Incorporation by
Act and applicable federal regulations. methods, under Executive Order 12898 reference, Ozone, Reporting and
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). (59 FR 7629, February 16, 1994). recordkeeping requirements, Volatile
Thus, in reviewing SIP submissions, In addition, the SIP is not approved to organic compounds.
EPA’s role is to approve state choices, apply on any Indian reservation land or Dated: October 3, 2016.
provided that they meet the criteria of in any other area where EPA or an Heather McTeer Toney,
the CAA. Accordingly, this action Indian tribe has demonstrated that a
Regional Administrator, Region 4.
merely approves state law as meeting tribe has jurisdiction. In those areas of
Indian country, the rule does not have 40 CFR part 52 is amended as follows:
federal requirements and does not
impose additional requirements beyond tribal implications as specified by
PART 52—APPROVAL AND
those imposed by state law. For that Executive Order 13175 (65 FR 67249,
PROMULGATION OF
reason, this action: November 9, 2000), nor will it impose
IMPLEMENTATION PLANS
• Is not a ‘‘significant regulatory substantial direct costs on tribal
action’’ subject to review by the Office governments or preempt tribal law. ■ 1. The authority citation for part 52
of Management and Budget under The Congressional Review Act, 5 continues to read as follows:
Executive Order 12866 (58 FR 51735, U.S.C. 801 et seq., as added by the Small
Authority: 42 U.S.C. 7401 et seq.
October 4, 1993) and 13563 (76 FR 3821, Business Regulatory Enforcement
January 21, 2011); Fairness Act of 1996, generally provides Subpart S—Kentucky
• does not impose an information that before a rule may take effect, the
collection burden under the provisions agency promulgating the rule must ■ 2. Section 52.920(c) Table 1 is
of the Paperwork Reduction Act (44 submit a rule report, which includes a amended under Chapter 59 by revising
U.S.C. 3501 et seq.); copy of the rule, to each House of the the entry for ‘‘401 KAR 59:174’’ to read
• is certified as not having a Congress and to the Comptroller General of follows:
significant economic impact on a of the United States. EPA will submit a
substantial number of small entities report containing this action and other § 52.920 Identification of plan.
under the Regulatory Flexibility Act (5 required information to the U.S. Senate, * * * * *
U.S.C. 601 et seq.); the U.S. House of Representatives, and (c) * * *
EPA APPROVED KENTUCKY REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
Chapter 59 New Source Standards
* * * * * * *
ehiers on DSK5VPTVN1PROD with RULES
401 KAR 59:174 .......................... Stage II controls at gasoline dis- 5/3/2016 [Insert citation of publica-
pensing facilities. tion].
* * * * * * *
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* * * * * Air Planning and Implementation EPA proposed to approve in part and
[FR Doc. 2016–24779 Filed 10–13–16; 8:45 am] Branch, Air, Pesticides and Toxics disapprove in part, North Carolina’s
BILLING CODE 6560–50–P Management Division, U.S. December 4, 2015, infrastructure SIP
Environmental Protection Agency, submission regarding the PSD
Region 4, 61 Forsyth Street SW., permitting requirements for major
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. EPA sources of sections 110(a)(2)(C), prong 3
AGENCY requests that if at all possible, you of D(i) and (J) for the 2012 Annual PM2.5
contact the person listed in the FOR NAAQS. Today EPA is not taking final
40 CFR Part 52 FURTHER INFORMATION CONTACT section to action pertaining to sections
[EPA–R04–OAR–2015–0362; FRL–9954–09- schedule your inspection. The Regional 110(a)(2)(C), prong 3 of D(i) and (J) for
Region 4] Office’s official hours of business are North Carolina for the 2010 1-hour NO2
Monday through Friday 8:30 a.m. to NAAQS but instead will consider final
Air Plan Approval; NC Infrastructure 4:30 p.m., excluding Federal holidays. action of these elements in a separate
Requirements for the 2010 1-hour NO2 rulemaking. Additionally, on June 3,
FOR FURTHER INFORMATION CONTACT:
NAAQS 2016, EPA finalized a rule related to the
Richard Wong, Air Regulatory
AGENCY: Environmental Protection Management Section, Air Planning and prong 4 element of North Carolina’s
Agency. Implementation Branch, Pesticides and August 23, 2013, SIP submission for the
ACTION: Final rule. Toxics Management Division, Region 4, 2010 1-hour NO2 NAAQS. See 81 FR
U.S. Environmental Protection Agency, 35634. With respect to the interstate
SUMMARY: The Environmental Protection 61 Forsyth Street SW., Atlanta, Georgia transport requirements of section
Agency (EPA) is taking final action to 30303–8960. The telephone number is 110(a)(2)(D)(i)(I) (prongs 1 and 2), North
approve the State Implementation Plan (404) 562–8726. Mr. Richard Wong can Carolina provided a separate submission
(SIP) submission, submitted by the State also be reached via electronic mail at and EPA is considering action related to
of North Carolina, through the North wong.richard@epa.gov. these provisions through a separate
Carolina Department of Environmental SUPPLEMENTARY INFORMATION: rulemaking. The details of North
Quality, Division of Air Quality Carolina’s submission and the rationale
(NCDAQ) on August 23, 2013, to I. Background and Overview for EPA’s actions for this final
demonstrate that the State meets certain On January 22, 2010 (published at 75 rulemaking are explained in the July 20,
infrastructure requirements of the Clean FR 6474, February 9, 2010), EPA 2016, proposed rulemaking. Comments
Air Act (CAA or Act) for the 2010 1- promulgated a new 1-hour primary on the proposed rulemaking were due
hour nitrogen dioxide (NO2) national NAAQS for NO2 at a level of 100 parts on or before August 19, 2016. EPA
ambient air quality standards (NAAQS). per billion (ppb), based on a 3-year received no adverse comments on the
The CAA requires that each state adopt average of the 98th percentile of the proposed action.
and submit a SIP for the yearly distribution of 1-hour daily II. Final Action
implementation, maintenance and maximum concentrations. Pursuant to
enforcement of each NAAQS section 110(a)(1) of the CAA, states are With the exception of the elements
promulgated by EPA, which is required to submit SIPs meeting the related to state boards of section
commonly referred to as an requirements of section 110(a)(2) within 110(a)(2)(E)(ii), the PSD permitting
‘‘infrastructure’’ SIP. NCDAQ certified three years after promulgation of a new requirements for major sources of
that the North Carolina SIP contains or revised NAAQS or within such sections 110(a)(2)(C), and (J), and the
provisions that ensure the 2010 1-hour shorter period as EPA may prescribe. interstate requirements of
NO2 NAAQS is implemented, enforced, Section 110(a)(2) requires states to 110(a)(2)(D)(i)(I) and (II) (prongs 1
and maintained in North Carolina. EPA address basic SIP elements such as through 4), EPA is taking final action to
has determined that North Carolina’s requirements for monitoring, basic approve North Carolina’s infrastructure
infrastructure SIP submission, provided program requirements and legal SIP submission for the 2010 1-hour NO2
to EPA on August 23, 2013, satisfies authority that are designed to assure NAAQS submitted on August 23, 2013.
certain required infrastructure elements attainment and maintenance of the EPA is taking final action to approve
for the 2010 1-hour NO2 NAAQS. NAAQS. States were required to submit North Carolina’s infrastructure SIP
DATES: This rule is effective November such SIPs for the 2010 NO2 NAAQS to submission for the 2010 1-hour NO2
14, 2016. EPA no later than January 22, 2013. NAAQS because the submission is
ADDRESSES: EPA has established a In a proposed rulemaking published consistent with section 110 of the CAA.
docket for this action under Docket on July 20, 2016 (81 FR 47115), EPA III. Statutory and Executive Order
Identification No. EPA–R04–OAR– proposed to approve North Carolina’s Reviews
2015–0362. All documents in the docket 2010 1-hour NO2 NAAQS infrastructure
are listed on the www.regulations.gov SIP submission submitted on August 23, Under the CAA, the Administrator is
Web site. Although listed in the index, 2013, with the exception of the elements required to approve a SIP submission
some information is not publicly related to state boards of section that complies with the provisions of the
available, i.e., Confidential Business 110(a)(2)(E)(ii), the PSD permitting Act and applicable federal regulations.
Information or other information whose requirements for major sources of See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
disclosure is restricted by statute. sections 110(a)(2)(C), and (J), and the Thus, in reviewing SIP submissions,
Certain other material, such as interstate requirements of EPA’s role is to approve state choices,
copyrighted material, is not placed on 110(a)(2)(D)(i)(I) and (II) (prongs 1 provided that they meet the criteria of
ehiers on DSK5VPTVN1PROD with RULES
the Internet and will be publicly through 4). On November 13, 2015, EPA the CAA. Accordingly, this action
available only in hard copy form. approved North Carolina’s August 23, merely approves state law as meeting
Publicly available docket materials are 2013, infrastructure SIP submission federal requirements and does not
available either electronically through regarding the state boards requirements impose additional requirements beyond
www.regulations.gov or in hard copy at of sections 110(a)(2)(E)(ii). See 80 FR those imposed by state law. For that
the Air Regulatory Management Section, 67645. On May 10, 2016 (81 FR 28797), reason, this action:
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Document Created: 2016-10-14 00:01:33
Document Modified: 2016-10-14 00:01:33
| 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 | Final rule. | |
| Dates | This rule will be effective November 14, 2016. | |
| Contact | Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sheckler's telephone number is (404) 562-9222. She can also be reached via electronic mail at [email protected] | |
| FR Citation | 81 FR 70966 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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