82 FR 17174 - 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 Range		17174-17174
FR Document		2017-07034

This proposed action, taken under the authority of the Clean Air Act, would correct an error in previously promulgated rules approving certain elements of the North Carolina state implementation plan (SIP). This 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)]
[Proposed Rules]
[Page 17174]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07034]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0772; FRL-9960-93-Region 4]


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

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: This proposed action, taken under the authority of the Clean 
Air Act, would correct an error in previously promulgated rules 
approving certain elements of the North Carolina state implementation 
plan (SIP). This 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: Written comments must be received on or before May 10, 2017.

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: In the Final Rules Section of this Federal 
Register, EPA is approving the State's implementation plan revision as 
a direct final rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. A detailed rationale for the approval is set forth in the 
direct final rule. If no adverse comments are received in response to 
this rule, no further activity is contemplated. If EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. EPA will not institute a second comment period on 
this document. Any parties interested in commenting on this document 
should do so at this time.

    Dated: March 15, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-07034 Filed 4-7-17; 8:45 am]
 BILLING CODE 6560-50-P

17174 Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Proposed Rules

• Does not have Federalism SUMMARY: This proposed action, taken because the Agency views this as a
implications as specified in Executive under the authority of the Clean Air Act, noncontroversial submittal and
Order 13132 (64 FR 43255, August 10, would correct an error in previously anticipates no adverse comments. A
1999); promulgated rules approving certain detailed rationale for the approval is set
• Is not an economically significant elements of the North Carolina state forth in the direct final rule. If no
regulatory action based on health or implementation plan (SIP). This error adverse comments are received in
safety risks subject to Executive Order relates to the North Carolina SIP’s Motor response to this rule, no further activity
13045 (62 FR 19885, April 23, 1997); Vehicle Emissions Control Standard is contemplated. If EPA receives adverse
• Is not a significant regulatory action rules and the correction removes a comments, the direct final rule will be
subject to Executive Order 13211 (66 FR provision of the State’s otherwise withdrawn and all public comments
28355, May 22, 2001); federally-enforceable regulations that received will be addressed in a
• Is not subject to requirements of could result in infringement upon the subsequent final rule based on this
section 12(d) of the National sovereign immunity of Federal facilities. proposed rule. EPA will not institute a
Technology Transfer and Advancement The intended effect is to ensure that the second comment period on this
Act of 1995 (15 U.S.C. 272 note) because North Carolina SIP is correctly document. Any parties interested in
application of those requirements would identified in the applicable part of the commenting on this document should
be inconsistent with the Clean Air Act; Code of Federal Regulations and to do so at this time.
and eliminate the possibility of such Dated: March 15, 2016.
• Does not provide the EPA with the infringement. V. Anne Heard,
discretionary authority to address, as DATES: Written comments must be Acting Regional Administrator, Region 4.
appropriate, disproportionate human received on or before May 10, 2017. [FR Doc. 2017–07034 Filed 4–7–17; 8:45 am]
health or environmental effects, using
ADDRESSES: Submit your comments, BILLING CODE 6560–50–P
practicable and legally permissible
methods, under Executive Order 12898 identified by Docket ID No. EPA–R04–
(59 FR 7629, February 16, 1994). OAR–2013–0772 at https://
www.regulations.gov. Follow the online ENVIRONMENTAL PROTECTION
In addition, this rule does not have
instructions for submitting comments. AGENCY
tribal implications as specified by
Executive Order 13175 (65 FR 67249, Once submitted, comments cannot be
edited or removed from Regulations.gov. 40 CFR Part 52
November 9, 2000), because the SIP is
not approved to apply in Indian country EPA may publish any comment received [EPA–R04–OAR–2017–0048; FRL–9960–53–
located in the state, and the EPA notes to its public docket. Do not submit Region 4]
that it will not impose substantial direct electronically any information you
consider to be Confidential Business Air Plan Approval; Kentucky;
costs on tribal governments or preempt
Information (CBI) or other information Nonattainment New Source Review
tribal law. Thus, Executive Order 13175
whose disclosure is restricted by statute. Requirements for the 2008 8-Hour
does not apply to this action.
Multimedia submissions (audio, video, Ozone NAAQS
List of Subjects in 40 CFR Part 52 etc.) must be accompanied by a written AGENCY: Environmental Protection
Environmental protection, Air comment. The written comment is Agency (EPA).
pollution control, Carbon monoxide, considered the official comment and
ACTION: Proposed rule.
Incorporation by reference, should include discussion of all points
Intergovernmental relations, Nitrogen you wish to make. EPA will generally SUMMARY: The Environmental Protection
dioxide, Ozone, Particulate matter, not consider comments or comment Agency (EPA) is proposing to approve
Reporting and recordkeeping contents located outside of the primary the portion of the State Implementation
requirements, Sulfur oxides, Volatile submission (i.e. on the web, cloud, or Plan (SIP) revision submitted by the
organic compounds. other file sharing system). For Commonwealth of Kentucky, through
additional submission methods, the full the Energy and Environment Cabinet’s
Authority: 42 U.S.C. 7401 et seq. EPA public comment policy, Division of Air Quality on August 26,
Dated: March 16, 2017. information about CBI or multimedia 2016, regarding the nonattainment new
Catherine R. McCabe, submissions, and general guidance on source review (NNSR) requirements for
Acting Regional Administrator, Region 2. making effective comments, please visit the 2008 8-hour ozone national ambient
[FR Doc. 2017–07137 Filed 4–7–17; 8:45 am] https://www.epa.gov/dockets/ air quality standards (NAAQS) for the
BILLING CODE 6560–50–P
commenting-epa-dockets. Kentucky portion of the Cincinnati-
FOR FURTHER INFORMATION CONTACT: Hamilton, Ohio-Kentucky-Indiana 2008
Kelly Sheckler, Air Regulatory 8-hour ozone nonattainment area
ENVIRONMENTAL PROTECTION Management Section, Air Planning and (hereinafter referred to as the
AGENCY Implementation Branch, Air, Pesticides ‘‘Cincinnati-Hamilton, OH–KY–IN
and Toxics Management Division, U.S. Area’’ or ‘‘Area’’). The Area consists of
40 CFR Part 52 Environmental Protection Agency, Butler, Clermont, Clinton, Hamilton,
[EPA–R04–OAR–2013–0772; FRL–9960–93– Region 4, 61 Forsyth Street SW., and Warren Counties in Ohio; portions
Region 4] Atlanta, Georgia 30303–8960. Mrs. of Boone, Campbell, Kenton Counties in
pmangrum on DSK3GDR082PROD with PROPOSALS

Sheckler can be reached via phone at Kentucky; and a portion of Dearborn
Air Plan Approval; North Carolina; (404) 562–9992 or electronic mail at County in Indiana. This action is being
Motor Vehicle Emissions Control sheckler.kelly@epa.gov. taken pursuant to the Clean Air Act and
Program; Correcting Amendment SUPPLEMENTARY INFORMATION: In the its implementing regulations.
Final Rules Section of this Federal DATES: Written comments must be
AGENCY: Environmental Protection
Agency. Register, EPA is approving the State’s received on or before May 10, 2017.
implementation plan revision as a direct ADDRESSES: Submit your comments,
ACTION:Proposed rule.
final rule without prior proposal identified by Docket ID No. EPA–R04–

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Document Created: 2017-04-08 03:31:28
Document Modified: 2017-04-08 03:31:28

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		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before May 10, 2017.
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]
FR Citation		82 FR 17174