82_FR_17211 82 FR 17144 - Air Plan Approval; North Carolina; Motor Vehicle Emissions Control Program; Correcting Amendment

82 FR 17144 - Air Plan Approval; North Carolina; Motor Vehicle Emissions Control Program; Correcting Amendment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 67 (April 10, 2017)

Page Range17144-17146
FR Document2017-07035

This direct final action, taken under the authority of the Clean Air Act (CAA or Act), corrects an error in previously promulgated rules approving certain elements of the North Carolina state implementation plan (SIP). The error relates to the North Carolina SIP's Motor Vehicle Emissions Control Standard rules and the correction removes a provision of the State's otherwise federally-enforceable regulations that could result in infringement upon the sovereign immunity of Federal facilities. The intended effect is to ensure that the North Carolina SIP is correctly identified in the applicable part of the Code of Federal Regulations and to eliminate the possibility of such infringement.

Federal Register, Volume 82 Issue 67 (Monday, April 10, 2017)
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Rules and Regulations]
[Pages 17144-17146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07035]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0772; FRL-9960-94-Region 4]


Air Plan Approval; North Carolina; Motor Vehicle Emissions 
Control Program; Correcting Amendment

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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

SUMMARY: This direct final action, taken under the authority of the 
Clean Air Act (CAA or Act), corrects an error in previously promulgated 
rules approving certain elements of the North Carolina state 
implementation plan (SIP). The error relates to the North Carolina 
SIP's Motor Vehicle Emissions Control Standard rules and the correction 
removes a provision of the State's otherwise federally-enforceable 
regulations that could result in infringement upon the sovereign 
immunity of Federal facilities. The intended effect is to ensure that 
the North Carolina SIP is correctly identified in the applicable part 
of the Code of Federal Regulations and to eliminate the possibility of 
such infringement.

DATES: This direct final rule is effective June 9, 2017 without further 
notice, unless EPA receives adverse comment by May 10, 2017. 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-2013-0772 at https://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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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. Mrs. Sheckler can be reached via phone at (404) 562-9992 or 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(b)(4) of the CAA requires areas that are designated as 
moderate, serious, or severe ozone nonattainment to establish a motor 
vehicle inspection and maintenance (I/M) program to ensure that 
specified gasoline-fueled motor vehicles do not exceed prescribed 
emissions thresholds by requiring that vehicles undergo periodic 
emissions testing, including mandatory repairs for vehicles found to 
exceed these thresholds. This emissions testing ensures that vehicles 
are well maintained and operating as designed.
    The North Carolina I/M program began in 1982 in Mecklenburg County 
utilizing a ``tail-pipe'' emissions test. From 1986 through 1991 the 
program expanded to include eight additional counties (Wake, Forsyth, 
Guilford, Durham, Gaston, Cabarrus, Orange and Union County). In 1999, 
the North Carolina General Assembly passed legislation to expand the 
coverage area for the I/M program in order to gain additional emission 
reductions to achieve the 1997 8-hour ozone national ambient air 
quality standards in the State. This legislation expanded the I/M 
program from nine counties to 48 counties by adding several counties 
approximately every six months from July 1, 2003, to July 1, 2006. The 
I/M program in the expanded coverage area used on-board diagnostic 
(OBD) rather than tail-pipe testing. On August 7, 2002, North Carolina 
submitted a SIP revision to amend the I/M regulations included in the 
SIP at that time to, among other things, expand the counties subject to 
the I/M program as discussed above, require OBD in the subject counties 
for all model year (MY) 1996 and newer light duty gasoline vehicles, 
and terminate the tail-pipe testing program on January 1, 2006, for the 
nine counties subject to continued tail-pipe testing of MY 1995 and 
older vehicles.
    EPA approved these changes to North Carolina's I/M program into the 
SIP on October 30, 2002. See 67 FR 66056. North Carolina submitted 
additional SIP revisions related to the State's I/M program on January 
31, 2008, May 24, 2010, October 11, 2013, and February 11, 2014. EPA 
approved North Carolina's January 31, 2008, May 24, 2010, October 11, 
2013, and February 11, 2014, SIP revisions pertaining to state rule 
changes to the State's I/M program on February 5, 2015. See 80 FR 6455.

II. Error Correction

    The CAA sets forth requirements for Federal facilities which are 
located in I/M program areas. These requirements in section 118(c) and 
(d) apply to both Federal fleet and Federal employee vehicles. Congress 
intended in that section that Federal facilities located in I/M program 
areas demonstrate compliance with certain local and State I/M 
requirements. When EPA published the I/M rule in 1992, see 57 FR 52950, 
the Agency interpreted CAA section 118(c) and (d) as a partial waiver 
of the Federal government's sovereign immunity, thereby allowing States 
to regulate Federal facilities in their I/M programs.\1\ Accordingly, 
EPA established certain SIP requirements for Federal facilities in the 
I/M rule. Since that time, the Department of Justice (DOJ) has found 
that sections 118(c) and (d) do not waive sovereign immunity for the 
Federal government and thus states are without authority to enforce the 
section 118(c) and (d) requirements for Federal facilities.\2\ Further, 
DOJ found that the express waiver of sovereign immunity in section 
118(a) extends only to nondiscriminatory requirements (i.e., each 
agency and employee of the Federal government ``shall be subject to, 
and comply with, all Federal, State, interstate, and local 
requirements, administrative authority, and process and sanctions 
respecting the control and abatement of air pollution in the same

[[Page 17145]]

manner, and to the same extent as any nongovernmental entity.''). As 
explained below, section 118(a)'s immunity waiver does not extend to 
State I/M requirements that, like the North Carolina provision at issue 
here, are imposed upon Federal entities in a different manner or to a 
different extent than nongovernmental entities.
---------------------------------------------------------------------------

    \1\ See letter from Gay MacGregor, Director, Regional and State 
Programs Division, EPA Office of Air and Radiation, to Mary Jo 
Leugers, Virginia Office of the Attorney General (August 28, 1998) 
(MacGregor Letter).
    \2\ See letter from Lois J. Schiffer, Assistant Attorney 
General, Department of Justice Environment and Natural Resources 
Division, to Scott Fulton, Acting General Counsel, EPA (July 29, 
1998) (Schiffer Letter).
---------------------------------------------------------------------------

    North Carolina's regulation 15A NCAC 02D.1002(a)(3) identifies 
vehicles that are operated on a Federal installation and that meet the 
requirements of 40 CFR 51.356(a)(4) as subject to the State motor 
vehicle emission standard. This North Carolina regulation thus subjects 
certain vehicles operated on Federal installations to State I/M 
requirements that do not apply in the same manner and to the same 
extent to nongovernmental entities, and it is inconsistent with the 
waiver of immunity in section 118(a). As noted in the MacGregor Letter 
addressing the issue, removing Federal facility I/M requirements from 
SIPs will in no way impact the emissions reductions credits the States 
earn for their I/M programs; pursuant to section 118(a), Federal 
agencies are required to comply with air pollution control programs to 
the same extent as nongovernmental entities and thus will continue to 
be subject to programs of general applicability. EPA is therefore 
removing from the federally-approved North Carolina SIP regulation 15A 
NCAC 02D.1002(a)(3) because that regulation does not apply to vehicles 
operated on Federal installations in the same manner and to the same 
extent as vehicles owned or operated by nongovernmental entities.

III. Final Action

    Pursuant to CAA section 110(k)(6), EPA rescinds its previous 
approval of NCAC 02D.1002(a)(3), a provision that sets forth additional 
requirements under the vehicle I/M program for motor vehicles operated 
on Federal installations that do not apply to nongovernmental entities 
and thus is inconsistent with CAA section 118(a). This action will not 
result in increases in emissions that would interfere with attainment 
or maintenance of any NAAQS or with any other applicable requirement of 
the CAA.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely corrects North Carolina's EPA-approved SIP by removing the 
State's regulation 15A NCAC 02D.1002 (a)(3), which listed Federal 
facilities as applicable to the state motor vehicle emission standard 
and 40 CFR 51.356(a)(4), by removing it from the federally-approved 
portion of the North Carolina SIP to be consistent with CAA 118. It 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Furthermore, this action 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This rule also does not have Federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This rule merely removes North Carolina 
regulation 15A NCAC 02D.1002 (a)(3) from the federally approved portion 
of the North Carolina SIP to be consistent with CAA 118; it also does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant. In addition, this 
rule does not involve technical standards, thus the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply. This rule also does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 9, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by Reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart II--North Carolina

0
2. Section 52.1770(c) is amended by revising the entry for ``Sect 
.1002'' to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

[[Page 17146]]



                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
         State citation              Title/subject     effective date    EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Section .1000 Motor Vehicle Emissions Control Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect .1002.....................  Applicability.......        1/1/2014  4/10/2017 [Insert     Paragraph (a)(3) of
                                                                        Federal Register      Section .1002 is
                                                                        citation].            hereby rescinded
                                                                                              as this paragraph
                                                                                              is inconsistent
                                                                                              with the limits on
                                                                                              the waiver of
                                                                                              sovereign immunity
                                                                                              established in
                                                                                              section 118(a) of
                                                                                              the CAA.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-07035 Filed 4-7-17; 8:45 am]
BILLING CODE 6560-50-P



                                             17144               Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations

                                               (2) Sources subject to the jurisdiction               considered the official comment and                   subject to the I/M program as discussed
                                             of local air authorities (except Benton                 should include discussion of all points               above, require OBD in the subject
                                             Clean Air Agency and Southwest Clean                    you wish to make. EPA will generally                  counties for all model year (MY) 1996
                                             Air Agency);                                            not consider comments or comment                      and newer light duty gasoline vehicles,
                                             *     *      *    *     *                               contents located outside of the primary               and terminate the tail-pipe testing
                                             [FR Doc. 2017–07022 Filed 4–7–17; 8:45 am]              submission (i.e. on the web, cloud, or                program on January 1, 2006, for the nine
                                             BILLING CODE 6560–50–P                                  other file sharing system). For                       counties subject to continued tail-pipe
                                                                                                     additional submission methods, the full               testing of MY 1995 and older vehicles.
                                                                                                     EPA public comment policy,                              EPA approved these changes to North
                                             ENVIRONMENTAL PROTECTION                                information about CBI or multimedia                   Carolina’s I/M program into the SIP on
                                             AGENCY                                                  submissions, and general guidance on                  October 30, 2002. See 67 FR 66056.
                                                                                                     making effective comments, please visit               North Carolina submitted additional SIP
                                             40 CFR Part 52                                          https://www.epa.gov/dockets/                          revisions related to the State’s I/M
                                                                                                     commenting-epa-dockets.                               program on January 31, 2008, May 24,
                                             [EPA–R04–OAR–2013–0772; FRL–9960–94–
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           2010, October 11, 2013, and February
                                             Region 4]
                                                                                                     Kelly Sheckler, Air Regulatory                        11, 2014. EPA approved North
                                             Air Plan Approval; North Carolina;                      Management Section, Air Planning and                  Carolina’s January 31, 2008, May 24,
                                             Motor Vehicle Emissions Control                         Implementation Branch, Air, Pesticides                2010, October 11, 2013, and February
                                             Program; Correcting Amendment                           and Toxics Management Division, U.S.                  11, 2014, SIP revisions pertaining to
                                                                                                     Environmental Protection Agency,                      state rule changes to the State’s I/M
                                             AGENCY: Environmental Protection                                                                              program on February 5, 2015. See 80 FR
                                                                                                     Region 4, 61 Forsyth Street SW.,
                                             Agency.                                                                                                       6455.
                                                                                                     Atlanta, Georgia 30303–8960. Mrs.
                                             ACTION: Direct final rule.                              Sheckler can be reached via phone at                  II. Error Correction
                                             SUMMARY:   This direct final action, taken              (404) 562–9992 or electronic mail at                     The CAA sets forth requirements for
                                             under the authority of the Clean Air Act                sheckler.kelly@epa.gov.                               Federal facilities which are located in I/
                                             (CAA or Act), corrects an error in                      SUPPLEMENTARY INFORMATION:                            M program areas. These requirements in
                                             previously promulgated rules approving                  I. Background                                         section 118(c) and (d) apply to both
                                             certain elements of the North Carolina                                                                        Federal fleet and Federal employee
                                             state implementation plan (SIP). The                      Section 182(b)(4) of the CAA requires               vehicles. Congress intended in that
                                             error relates to the North Carolina SIP’s               areas that are designated as moderate,                section that Federal facilities located in
                                             Motor Vehicle Emissions Control                         serious, or severe ozone nonattainment                I/M program areas demonstrate
                                             Standard rules and the correction                       to establish a motor vehicle inspection               compliance with certain local and State
                                             removes a provision of the State’s                      and maintenance (I/M) program to                      I/M requirements. When EPA published
                                             otherwise federally-enforceable                         ensure that specified gasoline-fueled                 the I/M rule in 1992, see 57 FR 52950,
                                             regulations that could result in                        motor vehicles do not exceed prescribed               the Agency interpreted CAA section
                                             infringement upon the sovereign                         emissions thresholds by requiring that                118(c) and (d) as a partial waiver of the
                                             immunity of Federal facilities. The                     vehicles undergo periodic emissions                   Federal government’s sovereign
                                             intended effect is to ensure that the                   testing, including mandatory repairs for              immunity, thereby allowing States to
                                             North Carolina SIP is correctly                         vehicles found to exceed these                        regulate Federal facilities in their I/M
                                             identified in the applicable part of the                thresholds. This emissions testing                    programs.1 Accordingly, EPA
                                             Code of Federal Regulations and to                      ensures that vehicles are well                        established certain SIP requirements for
                                             eliminate the possibility of such                       maintained and operating as designed.                 Federal facilities in the I/M rule. Since
                                             infringement.                                             The North Carolina I/M program                      that time, the Department of Justice
                                                                                                     began in 1982 in Mecklenburg County                   (DOJ) has found that sections 118(c) and
                                             DATES:  This direct final rule is effective             utilizing a ‘‘tail-pipe’’ emissions test.             (d) do not waive sovereign immunity for
                                             June 9, 2017 without further notice,                    From 1986 through 1991 the program                    the Federal government and thus states
                                             unless EPA receives adverse comment                     expanded to include eight additional                  are without authority to enforce the
                                             by May 10, 2017. If EPA receives such                   counties (Wake, Forsyth, Guilford,                    section 118(c) and (d) requirements for
                                             comments, it will publish a timely                      Durham, Gaston, Cabarrus, Orange and                  Federal facilities.2 Further, DOJ found
                                             withdrawal of the direct final rule in the              Union County). In 1999, the North                     that the express waiver of sovereign
                                             Federal Register and inform the public                  Carolina General Assembly passed                      immunity in section 118(a) extends only
                                             that the rule will not take effect.                     legislation to expand the coverage area               to nondiscriminatory requirements (i.e.,
                                             ADDRESSES: Submit your comments,                        for the I/M program in order to gain                  each agency and employee of the
                                             identified by Docket ID No. EPA–R04–                    additional emission reductions to                     Federal government ‘‘shall be subject to,
                                             OAR–2013–0772 at https://                               achieve the 1997 8-hour ozone national                and comply with, all Federal, State,
                                             www.regulations.gov. Follow the online                  ambient air quality standards in the                  interstate, and local requirements,
                                             instructions for submitting comments.                   State. This legislation expanded the I/M              administrative authority, and process
                                             Once submitted, comments cannot be                      program from nine counties to 48                      and sanctions respecting the control and
                                             edited or removed from Regulations.gov.                 counties by adding several counties                   abatement of air pollution in the same
                                             EPA may publish any comment received                    approximately every six months from
                                             to its public docket. Do not submit                     July 1, 2003, to July 1, 2006. The I/M                  1 See letter from Gay MacGregor, Director,
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                                             electronically any information you                      program in the expanded coverage area                 Regional and State Programs Division, EPA Office
                                                                                                                                                           of Air and Radiation, to Mary Jo Leugers, Virginia
                                             consider to be Confidential Business                    used on-board diagnostic (OBD) rather                 Office of the Attorney General (August 28, 1998)
                                             Information (CBI) or other information                  than tail-pipe testing. On August 7,                  (MacGregor Letter).
                                             whose disclosure is restricted by statute.              2002, North Carolina submitted a SIP                    2 See letter from Lois J. Schiffer, Assistant

                                             Multimedia submissions (audio, video,                   revision to amend the I/M regulations                 Attorney General, Department of Justice
                                                                                                                                                           Environment and Natural Resources Division, to
                                             etc.) must be accompanied by a written                  included in the SIP at that time to,                  Scott Fulton, Acting General Counsel, EPA (July 29,
                                             comment. The written comment is                         among other things, expand the counties               1998) (Schiffer Letter).



                                        VerDate Sep<11>2014   14:16 Apr 07, 2017   Jkt 241001   PO 00000   Frm 00048   Fmt 4700   Sfmt 4700   E:\FR\FM\10APR1.SGM   10APR1


                                                                 Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations                                               17145

                                             manner, and to the same extent as any                   subject to Executive Order 13211,                        The Congressional Review Act, 5
                                             nongovernmental entity.’’). As                          ‘‘Actions Concerning Regulations That                 U.S.C. 801 et seq., as added by the Small
                                             explained below, section 118(a)’s                       Significantly Affect Energy Supply,                   Business Regulatory Enforcement
                                             immunity waiver does not extend to                      Distribution, or Use’’ (66 FR 28355, May              Fairness Act of 1996, generally provides
                                             State I/M requirements that, like the                   22, 2001). This action merely corrects                that before a rule may take effect, the
                                             North Carolina provision at issue here,                 North Carolina’s EPA-approved SIP by                  agency promulgating the rule must
                                             are imposed upon Federal entities in a                  removing the State’s regulation 15A                   submit a rule report, which includes a
                                             different manner or to a different extent               NCAC 02D.1002 (a)(3), which listed                    copy of the rule, to each House of the
                                             than nongovernmental entities.                          Federal facilities as applicable to the               Congress and to the Comptroller General
                                               North Carolina’s regulation 15A                       state motor vehicle emission standard                 of the United States. EPA will submit a
                                             NCAC 02D.1002(a)(3) identifies vehicles                 and 40 CFR 51.356(a)(4), by removing it               report containing this rule and other
                                             that are operated on a Federal                          from the federally-approved portion of                required information to the U.S. Senate,
                                             installation and that meet the                          the North Carolina SIP to be consistent               the U.S. House of Representatives, and
                                             requirements of 40 CFR 51.356(a)(4) as                  with CAA 118. It imposes no additional                the Comptroller General of the United
                                             subject to the State motor vehicle                      requirements beyond those imposed by                  States prior to publication of the rule in
                                             emission standard. This North Carolina                  state law. Accordingly, the                           the Federal Register. A major rule
                                             regulation thus subjects certain vehicles               Administrator certifies that this rule                cannot take effect until 60 days after it
                                             operated on Federal installations to                    will not have a significant economic                  is published in the Federal Register.
                                             State I/M requirements that do not                      impact on a substantial number of small               This action is not a ‘‘major rule’’ as
                                             apply in the same manner and to the                     entities under the Regulatory Flexibility             defined by 5 U.S.C. 804(2).
                                             same extent to nongovernmental                          Act (5 U.S.C. 601 et seq.). Furthermore,                 Under section 307(b)(1) of the CAA,
                                             entities, and it is inconsistent with the               this action does not contain any                      petitions for judicial review of this
                                             waiver of immunity in section 118(a).                   unfunded mandate or significantly or                  action must be filed in the United States
                                             As noted in the MacGregor Letter                        uniquely affect small governments, as                 Court of Appeals for the appropriate
                                             addressing the issue, removing Federal                  described in the Unfunded Mandates                    circuit by June 9, 2017. Filing a petition
                                             facility I/M requirements from SIPs will                Reform Act of 1995 (Pub. L. 104–4).                   for reconsideration by the Administrator
                                             in no way impact the emissions                             This rule also does not have tribal                of this final rule does not affect the
                                             reductions credits the States earn for                  implications because it will not have a               finality of this rule for the purposes of
                                             their I/M programs; pursuant to section                 substantial direct effect on one or more              judicial review nor does it extend the
                                             118(a), Federal agencies are required to                Indian tribes, on the relationship                    time within which a petition for judicial
                                             comply with air pollution control                       between the Federal Government and
                                                                                                                                                           review may be filed, and shall not
                                             programs to the same extent as                          Indian tribes, or on the distribution of
                                                                                                                                                           postpone the effectiveness of such rule
                                             nongovernmental entities and thus will                  power and responsibilities between the
                                                                                                                                                           or action. This action may not be
                                             continue to be subject to programs of                   Federal Government and Indian tribes,
                                                                                                                                                           challenged later in proceedings to
                                             general applicability. EPA is therefore                 as specified by Executive Order 13175
                                                                                                                                                           enforce its requirements. See CAA
                                             removing from the federally-approved                    (65 FR 67249, November 9, 2000). This
                                                                                                                                                           section 307(b)(2).
                                             North Carolina SIP regulation 15A                       rule also does not have Federalism
                                             NCAC 02D.1002(a)(3) because that                        implications because it does not have                 List of Subjects in 40 CFR Part 52
                                             regulation does not apply to vehicles                   substantial direct effects on the states,               Environmental protection, Air
                                             operated on Federal installations in the                on the relationship between the national              pollution control, Carbon monoxide,
                                             same manner and to the same extent as                   government and the states, or on the                  Incorporation by Reference,
                                             vehicles owned or operated by                           distribution of power and                             Intergovernmental relations, Nitrogen
                                             nongovernmental entities.                               responsibilities among the various                    dioxide, Ozone, Reporting and
                                                                                                     levels of government, as specified in                 recordkeeping requirements, Volatile
                                             III. Final Action                                       Executive Order 13132 (64 FR 43255,                   organic compounds.
                                                Pursuant to CAA section 110(k)(6),                   August 10, 1999). This rule merely
                                             EPA rescinds its previous approval of                   removes North Carolina regulation 15A                   Dated: March 15, 2017.
                                             NCAC 02D.1002(a)(3), a provision that                   NCAC 02D.1002 (a)(3) from the federally               V. Anne Heard,
                                             sets forth additional requirements under                approved portion of the North Carolina                Acting Regional Administrator, Region 4.
                                             the vehicle I/M program for motor                       SIP to be consistent with CAA 118; it                     40 CFR part 52 is amended as follows:
                                             vehicles operated on Federal                            also does not alter the relationship or
                                             installations that do not apply to                      the distribution of power and                         PART 52—APPROVAL AND
                                             nongovernmental entities and thus is                    responsibilities established in the Clean             PROMULGATION OF
                                             inconsistent with CAA section 118(a).                   Air Act. This rule also is not subject to             IMPLEMENTATION PLANS
                                             This action will not result in increases                Executive Order 13045 ‘‘Protection of
                                             in emissions that would interfere with                  Children from Environmental Health                    ■ 1. The authority citation for part 52
                                             attainment or maintenance of any                        Risks and Safety Risks’’ (62 FR 19885,                continues to read as follows:
                                             NAAQS or with any other applicable                      April 23, 1997), because it is not                        Authority: 42.U.S.C. 7401 et seq.
                                             requirement of the CAA.                                 economically significant. In addition,
                                                                                                     this rule does not involve technical                  Subpart II—North Carolina
                                             IV. Statutory and Executive Order                       standards, thus the requirements of
                                             Reviews
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                                                                                                     section 12(d) of the National                         ■ 2. Section 52.1770(c) is amended by
                                               Under Executive Order 12866 (58 FR                    Technology Transfer and Advancement                   revising the entry for ‘‘Sect .1002’’ to
                                             51735, October 4, 1993), this action is                 Act of 1995 (15 U.S.C. 272 note) do not               read as follows:
                                             not a ‘‘significant regulatory action’’ and             apply. This rule also does not impose an
                                             therefore is not subject to review by the               information collection burden under the               § 52.1770    Identification of plan.
                                             Office of Management and Budget. For                    provisions of the Paperwork Reduction                 *       *    *      *     *
                                             this reason, this action is also not                    Act of 1995 (44 U.S.C. 3501 et seq.).                     (c) * * *



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                                             17146                 Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations

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

                                                                                                        Subchapter 2D            Air Pollution Control Requirements


                                                        *                          *                             *                           *                       *                      *                   *

                                                                                                  Section .1000          Motor Vehicle Emissions Control Standards


                                                      *                           *                             *                        *                            *                  *                      *
                                             Sect .1002 .................   Applicability ................................         1/1/2014         4/10/2017 [Insert Federal Reg-      Paragraph (a)(3) of Section
                                                                                                                                                      ister citation].                    .1002 is hereby rescinded as
                                                                                                                                                                                          this paragraph is inconsistent
                                                                                                                                                                                          with the limits on the waiver of
                                                                                                                                                                                          sovereign immunity estab-
                                                                                                                                                                                          lished in section 118(a) of the
                                                                                                                                                                                          CAA.

                                                        *                          *                             *                           *                       *                      *                   *



                                             *      *       *       *       *                                 in the Environmental Protection Agency                      B. How can I get electronic access to
                                             [FR Doc. 2017–07035 Filed 4–7–17; 8:45 am]                       Docket Center (EPA/DC), West William                        other related information?
                                             BILLING CODE 6560–50–P                                           Jefferson Clinton Bldg., Rm. 3334, 1301
                                                                                                              Constitution Ave. NW., Washington, DC                         You may access a frequently updated
                                                                                                              20460–0001. The Public Reading Room                         electronic version of 40 CFR part 180
                                             ENVIRONMENTAL PROTECTION                                         is open from 8:30 a.m. to 4:30 p.m.,                        through the Government Printing
                                             AGENCY                                                           Monday through Friday, excluding legal                      Office’s e-CFR site at http://
                                                                                                              holidays. The telephone number for the                      www.ecfr.gov/cgi-bin/text-
                                             40 CFR Part 180                                                  Public Reading Room is (202) 566–1744,                      idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                             [EPA–HQ–OPP–2017–0005; FRL–9959–90]                              and the telephone number for the OPP                        40tab_02.tpl.
                                                                                                              Docket is (703) 305–5805. Please review                     C. How can I file an objection or hearing
                                             Acetamiprid; Pesticide Tolerances for                            the visitor instructions and additional                     request?
                                             Emergency Exemption                                              information about the docket available
                                             AGENCY:  Environmental Protection                                at http://www.epa.gov/dockets.                                Under section 408(g) of the Federal
                                             Agency (EPA).                                                    FOR FURTHER INFORMATION CONTACT:                            Food, Drug, and Cosmetic Act (FFDCA),
                                                                                                              Michael L. Goodis, Registration Division                    21 U.S.C. 346a, any person may file an
                                             ACTION: Final rule.
                                                                                                              (7505P), Office of Pesticide Programs,                      objection to any aspect of this regulation
                                             SUMMARY:   This regulation establishes                           Environmental Protection Agency, 1200                       and may also request a hearing on those
                                             time-limited tolerances for residues of                          Pennsylvania Ave. NW., Washington,                          objections. You must file your objection
                                             acetamiprid in or on sugarcane, cane                             DC 20460–0001; main telephone                               or request a hearing on this regulation
                                             and sugarcane, molasses. This action is                          number: (703) 305–7090; email address:                      in accordance with the instructions
                                             associated with the issuance of a crisis                         RDFRNotices@epa.gov.                                        provided in 40 CFR part 178. To ensure
                                             exemption under the Federal                                                                                                  proper receipt by EPA, you must
                                                                                                              SUPPLEMENTARY INFORMATION:
                                             Insecticide, Fungicide, and Rodenticide                                                                                      identify docket ID number EPA–HQ–
                                             Act (FIFRA) authorizing use of the                               I. General Information                                      OPP–2017–0005 in the subject line on
                                             pesticide on sugarcane. This regulation                                                                                      the first page of your submission. All
                                             establishes maximum permissible levels                           A. Does this action apply to me?                            objections and requests for a hearing
                                             for residues of acetamiprid in or on                                You may be potentially affected by                       must be in writing, and must be
                                             sugarcane, cane and sugarcane,                                   this action if you are an agricultural                      received by the Hearing Clerk on or
                                             molasses. The time-limited tolerances                            producer, food manufacturer, or                             before June 9, 2017. Addresses for mail
                                             expire on December 31, 2019.                                     pesticide manufacturer. The following                       and hand delivery of objections and
                                             DATES: This regulation is effective April                        list of North American Industrial                           hearing requests are provided in 40 CFR
                                             10, 2017. Objections and requests for                            Classification System (NAICS) codes is                      178.25(b).
                                             hearings must be received on or before                           not intended to be exhaustive, but rather                     In addition to filing an objection or
                                             June 9, 2017, and must be filed in                               provides a guide to help readers                            hearing request with the Hearing Clerk
                                             accordance with the instructions                                 determine whether this document                             as described in 40 CFR part 178, please
                                             provided in 40 CFR part 178 (see also                            applies to them. Potentially affected                       submit a copy of the filing (excluding
                                             Unit I.C. of the SUPPLEMENTARY                                   entities may include:                                       any Confidential Business Information
pmangrum on DSK3GDR082PROD with RULES




                                             INFORMATION).                                                       • Crop production (NAICS code 111).                      (CBI)) for inclusion in the public docket.
                                             ADDRESSES: The docket for this action,                              • Animal production (NAICS code                          Information not marked confidential
                                             identified by docket identification (ID)                         112).                                                       pursuant to 40 CFR part 2 may be
                                             number EPA–HQ–OPP–2017–0005, is                                     • Food manufacturing (NAICS code                         disclosed publicly by EPA without prior
                                             available at http://www.regulations.gov                          311).                                                       notice. Submit the non-CBI copy of your
                                             or at the Office of Pesticide Programs                              • Pesticide manufacturing (NAICS                         objection or hearing request, identified
                                             Regulatory Public Docket (OPP Docket)                            code 32532).                                                by docket ID number EPA–HQ–OPP–


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Document Created: 2017-04-08 03:30:56
Document Modified: 2017-04-08 03:30:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective June 9, 2017 without further notice, unless EPA receives adverse comment by May 10, 2017. 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.
ContactKelly Sheckler, 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. Mrs. Sheckler can be reached via phone at (404) 562-9992 or electronic mail at [email protected]
FR Citation82 FR 17144 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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