82_FR_22177 82 FR 22086 - Air Plan Approval; North Carolina Repeal of Transportation Facilities Rules

82 FR 22086 - Air Plan Approval; North Carolina Repeal of Transportation Facilities Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 91 (May 12, 2017)

Page Range22086-22088
FR Document2017-09539

The U.S. Environmental Protection Agency (EPA) is taking action to approve a State Implementation Plan (SIP) revision, submitted by the North Carolina Department of Environmental Quality through the Division of Air Quality (DAQ) on September 16, 2016, for the purpose of removing the statewide transportation facilities rules. The State provided a Clean Air Act section 110(l) noninterference demonstration establishing that removal of the North Carolina transportation facilities rules will not interfere with the maintenance of the 8-hour carbon monoxide standard or any other national ambient air quality standards (NAAQS). EPA is approving this SIP revision because the DAQ has demonstrated that it is consistent with the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 91 (Friday, May 12, 2017)
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22086-22088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09539]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0614; FRL-9961-74-Region 4]


Air Plan Approval; North Carolina Repeal of Transportation 
Facilities Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking 
action to approve a State Implementation Plan (SIP) revision, submitted 
by the North Carolina Department of Environmental Quality through the 
Division of Air Quality (DAQ) on September 16, 2016, for the purpose of 
removing the statewide transportation facilities rules. The State 
provided a Clean Air Act section 110(l) noninterference demonstration 
establishing that removal of the North Carolina transportation 
facilities rules will not interfere with the maintenance of the 8-hour 
carbon monoxide standard or any other national ambient air quality 
standards (NAAQS). EPA is approving this SIP revision because the DAQ 
has demonstrated that it is consistent with the Clean Air Act (CAA or 
Act).

DATES: This direct final rule is effective July 11, 2017 without 
further notice, unless EPA receives adverse comment by June 12, 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-2016-0614 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://www2.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. The telephone number is (404) 562-9222. Ms. Sheckler can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In 1978, EPA designated Mecklenburg County, North Carolina 
(hereinafter the ``Charlotte Area'') as nonattainment for the NAAQS for 
carbon monoxide (CO). Then, under the CAA amendments of 1990, the 
Charlotte Area was designated as ``not-classifiable'' and had five 
years to attain the CO NAAQS (i.e., November 15, 1995). On November 15, 
1990, Durham and Wake Counties (hereinafter the ``Raleigh-Durham/Chapel 
Hill Area'') and Forsyth County (hereinafter the ``Winston-Salem 
Area'') in North Carolina were designated as ``moderate'' nonattainment 
and had until December 31, 1995, to attain the standard.
    In April 1994, DAQ submitted a request to EPA to redesignate the 
Winston-Salem Area to attainment status, and in November 1994, EPA 
approved the maintenance plan for CO (59 FR 48402), and redesignated 
the area to attainment/maintenance for CO. Next, in 1995, EPA approved 
the Charlotte and Raleigh-Durham/Chapel Hill Areas' maintenance plans 
for CO and redesignated the area to attainment/maintenance for CO (60 
FR 39262). In

[[Page 22087]]

2015, these areas completed the 20-year maintenance periods, and EPA 
redesignated them to attainment.
    North Carolina adopted the transportation facility rules on 
November 15, 1973, pursuant to the federal requirement (40 CFR part 
51.18) to control emissions from indirect (complex) sources. North 
Carolina identifies transportation facilities as complex sources in its 
rules (N.C.G.S. 143-213(22)) and includes any facilities that cause 
increased emissions from motor vehicles. In 1974, EPA suspended the 
indirect source review programs, including 40 CFR part 51.18. The 1977 
CAA amendments codified this suspension in section 110(a)(5)(A)(i); 
this suspension allowed states to include indirect source review 
regulations in their State Implementation Plans (61 FR 3584; 62 FR 
41277; 63 FR 72193; 64 FR 61213), but EPA could not require them as a 
condition of its approval of the SIP.
    In 2013, the North Carolina General Assembly enacted Session Law 
2013-2014 that sought to streamline the regulatory process and 
eliminate unnecessary regulation. The State Environmental Management 
Commission recommended repealing the transportation facility rules in 
15A NCAC 02D .0800--Complex Sources and 02Q .0600--Transportation 
Facilities Procedures. The transportation facility rules are aimed at 
addressing CO emissions, and North Carolina does not have any CO 
nonattainment areas. As a result, DAQ proposes to repeal the 
transportation facilities rule.

II. Analysis of State's Submittal

    Section 110(l) of the CAA requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (RFP) (as defined in section 171), or any 
other applicable requirement of the Act. EPA evaluates each section 
110(l) noninterference demonstration on a case-by-case basis 
considering the circumstances of each SIP revision. DAQ provided a 
demonstration that shows that the repeal of the statewide North 
Carolina transportation facilities rules will not interfere with the 
maintenance of the CO standards or any other NAAQS or other CAA 
requirement. The rules, which are focused on addressing CO emissions, 
offer no environmental benefit to the State now that it no longer has 
any CO nonattainment areas. The Charlotte, Raleigh-Durham/Chapel Hill 
and Winston-Salem Areas have been redesignated to maintenance (60 FR 
39262 and 59 FR 48402), and the monitoring data for CO in 2016 shows 
that all three areas are well below the 8-hour CO standard. The complex 
sources (transportation facilities) rules do not set requirements for 
any other NAAQS, including ozone, particulate matter, sulfur dioxide, 
nitrogen dioxide and lead, and therefore, removing the transportation 
facilities rules in 15A NCAC 02D .0800--Complex Sources and 02Q .0600--
Transportation Facilities Procedures would not result in violations of 
the NAAQS.

III. Final Action

    EPA is approving the aforementioned changes to remove 15A NCAC 02D 
.0800--Complex Sources and 02Q .0600--Transportation Facilities 
Procedures, from the SIP for North Carolina. EPA is publishing this 
rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to approve the SIP revision should adverse comments be 
filed. This rule will be effective July 11, 2017 without further notice 
unless the Agency receives adverse comments by June 12, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on July 11, 2017 and no 
further action will be taken on the proposed rule.

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

[[Page 22088]]

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 July 11, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 31, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.


0
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


Sec.  52.1770  [Amended]

0
2. Section 52.1770(c), Table 1 is amended:
0
a. Under ``Subchapter 2D Air Pollution Control Requirements'' by 
removing the heading ``Section .0800 Complex Sources'' and the entries 
``Sect .0801'' through ``Sect .0806''; and
0
b. Under ``Subchapter 2Q Air Quality Permits'' by removing the heading 
``Section .0600 Transportation Facility Procedures'' and the entries 
``Sect .0601'' through ``Sect .0607''.

[FR Doc. 2017-09539 Filed 5-11-17; 8:45 am]
BILLING CODE 6560-50-P



                                                22086                      Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

                                                PART 52—APPROVAL AND                                             Authority: 42 U.S.C. 7401 et seq.                     § 52.670   Identification of plan.
                                                PROMULGATION OF                                                                                                        *       *    *          *     *
                                                                                                             Subpart N—Idaho
                                                IMPLEMENTATION PLANS                                                                                                       (c) * * *
                                                                                                             ■ 2. In § 52.670, the table in paragraph
                                                ■ 1. The authority citation for part 52                      (c) is amended by revising entries ‘‘107’’
                                                continues to read as follows:                                and ‘‘200’’ to read as follows:

                                                                                                  EPA-APPROVED IDAHO REGULATIONS AND STATUTES
                                                                                                                      State                          EPA
                                                    State citation              Title/subject                        effective                     approval                                  Explanations
                                                                                                                       date                          date

                                                                          Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho


                                                           *                          *                       *                            *                     *                    *                    *
                                                107 ...................   Incorporation by Ref-         3/25/2016, 3/20/2014,             5/12/2017, [insert Fed-     Except Section 107.03.f through 107.03.p, and
                                                                            erence.                       3/30/2007, 7/1/1997,               eral Register cita-        with respect to 107.03.a the incorporation by
                                                                                                          5/1/1994.                          tion].                     reference of 40 CFR 51.165.

                                                           *                         *                        *                            *                     *                       *                  *
                                                200 ...................   Procedures and Re-            3/25/2016 .....................   5/12/2017, [insert Fed-
                                                                            quirements for Per-                                              eral Register cita-
                                                                            mits to Construct.                                               tion].

                                                            *                        *                           *                        *                       *                      *                  *



                                                *       *        *        *     *                            DATES:  This direct final rule is effective               Management Section, Air Planning and
                                                [FR Doc. 2017–09542 Filed 5–11–17; 8:45 am]                  July 11, 2017 without further notice,                     Implementation Branch, Air, Pesticides
                                                BILLING CODE 6560–50–P                                       unless EPA receives adverse comment                       and Toxics Management Division, U.S.
                                                                                                             by June 12, 2017. If EPA receives such                    Environmental Protection Agency,
                                                                                                             comments, it will publish a timely                        Region 4, 61 Forsyth Street SW.,
                                                ENVIRONMENTAL PROTECTION                                     withdrawal of the direct final rule in the                Atlanta, Georgia 30303–8960. The
                                                AGENCY                                                       Federal Register and inform the public                    telephone number is (404) 562–9222.
                                                                                                             that the rule will not take effect.                       Ms. Sheckler can also be reached via
                                                40 CFR Part 52                                                                                                         electronic mail at sheckler.kelly@
                                                                                                             ADDRESSES:   Submit your comments,
                                                                                                                                                                       epa.gov.
                                                [EPA–R04–OAR–2016–0614; FRL–9961–74–                         identified by Docket ID No. EPA–R04–
                                                Region 4]                                                    OAR–2016–0614 at https://                                 SUPPLEMENTARY INFORMATION:
                                                                                                             www.regulations.gov. Follow the online                    I. Background
                                                Air Plan Approval; North Carolina                            instructions for submitting comments.
                                                Repeal of Transportation Facilities                          Once submitted, comments cannot be                           In 1978, EPA designated Mecklenburg
                                                Rules                                                        edited or removed from Regulations.gov.                   County, North Carolina (hereinafter the
                                                                                                             EPA may publish any comment received                      ‘‘Charlotte Area’’) as nonattainment for
                                                AGENCY: Environmental Protection                                                                                       the NAAQS for carbon monoxide (CO).
                                                                                                             to its public docket. Do not submit
                                                Agency (EPA).                                                                                                          Then, under the CAA amendments of
                                                                                                             electronically any information you
                                                ACTION: Direct final rule.                                   consider to be Confidential Business                      1990, the Charlotte Area was designated
                                                                                                             Information (CBI) or other information                    as ‘‘not-classifiable’’ and had five years
                                                SUMMARY:    The U.S. Environmental                                                                                     to attain the CO NAAQS (i.e., November
                                                Protection Agency (EPA) is taking action                     whose disclosure is restricted by statute.
                                                                                                                                                                       15, 1995). On November 15, 1990,
                                                to approve a State Implementation Plan                       Multimedia submissions (audio, video,
                                                                                                                                                                       Durham and Wake Counties (hereinafter
                                                (SIP) revision, submitted by the North                       etc.) must be accompanied by a written
                                                                                                                                                                       the ‘‘Raleigh-Durham/Chapel Hill
                                                Carolina Department of Environmental                         comment. The written comment is
                                                                                                                                                                       Area’’) and Forsyth County (hereinafter
                                                Quality through the Division of Air                          considered the official comment and
                                                                                                                                                                       the ‘‘Winston-Salem Area’’) in North
                                                Quality (DAQ) on September 16, 2016,                         should include discussion of all points
                                                                                                                                                                       Carolina were designated as ‘‘moderate’’
                                                for the purpose of removing the                              you wish to make. EPA will generally
                                                                                                                                                                       nonattainment and had until December
                                                statewide transportation facilities rules.                   not consider comments or comment
                                                                                                                                                                       31, 1995, to attain the standard.
                                                The State provided a Clean Air Act                           contents located outside of the primary                      In April 1994, DAQ submitted a
                                                section 110(l) noninterference                               submission (i.e. on the web, cloud, or                    request to EPA to redesignate the
                                                demonstration establishing that removal                      other file sharing system). For                           Winston-Salem Area to attainment
                                                of the North Carolina transportation                         additional submission methods, the full                   status, and in November 1994, EPA
                                                facilities rules will not interfere with the                 EPA public comment policy,                                approved the maintenance plan for CO
                                                                                                             information about CBI or multimedia
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                                                maintenance of the 8-hour carbon                                                                                       (59 FR 48402), and redesignated the area
                                                monoxide standard or any other                               submissions, and general guidance on                      to attainment/maintenance for CO. Next,
                                                national ambient air quality standards                       making effective comments, please visit                   in 1995, EPA approved the Charlotte
                                                (NAAQS). EPA is approving this SIP                           https://www2.epa.gov/dockets/                             and Raleigh-Durham/Chapel Hill Areas’
                                                revision because the DAQ has                                 commenting-epa-dockets.                                   maintenance plans for CO and
                                                demonstrated that it is consistent with                      FOR FURTHER INFORMATION CONTACT:                          redesignated the area to attainment/
                                                the Clean Air Act (CAA or Act).                              Kelly Sheckler, Air Regulatory                            maintenance for CO (60 FR 39262). In


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                                                                      Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations                                          22087

                                                2015, these areas completed the 20-year                 monitoring data for CO in 2016 shows                  Executive Order 12866 (58 FR 51735,
                                                maintenance periods, and EPA                            that all three areas are well below the 8-            October 4, 1993) and 13563 (76 FR 3821,
                                                redesignated them to attainment.                        hour CO standard. The complex sources                 January 21, 2011);
                                                   North Carolina adopted the                           (transportation facilities) rules do not                 • does not impose an information
                                                transportation facility rules on                        set requirements for any other NAAQS,                 collection burden under the provisions
                                                November 15, 1973, pursuant to the                      including ozone, particulate matter,                  of the Paperwork Reduction Act (44
                                                federal requirement (40 CFR part 51.18)                 sulfur dioxide, nitrogen dioxide and                  U.S.C. 3501 et seq.);
                                                to control emissions from indirect                      lead, and therefore, removing the                        • is certified as not having a
                                                (complex) sources. North Carolina                       transportation facilities rules in 15A                significant economic impact on a
                                                identifies transportation facilities as                 NCAC 02D .0800—Complex Sources                        substantial number of small entities
                                                complex sources in its rules (N.C.G.S.                  and 02Q .0600—Transportation                          under the Regulatory Flexibility Act (5
                                                143–213(22)) and includes any facilities                Facilities Procedures would not result                U.S.C. 601 et seq.);
                                                that cause increased emissions from                     in violations of the NAAQS.                              • does not contain any unfunded
                                                motor vehicles. In 1974, EPA suspended                                                                        mandate or significantly or uniquely
                                                the indirect source review programs,                    III. Final Action                                     affect small governments, as described
                                                including 40 CFR part 51.18. The 1977                      EPA is approving the aforementioned                in the Unfunded Mandates Reform Act
                                                CAA amendments codified this                            changes to remove 15A NCAC 02D                        of 1995 (Pub. L. 104–4);
                                                suspension in section 110(a)(5)(A)(i);                  .0800—Complex Sources and 02Q                            • does not have Federalism
                                                this suspension allowed states to                       .0600—Transportation Facilities                       implications as specified in Executive
                                                include indirect source review                          Procedures, from the SIP for North                    Order 13132 (64 FR 43255, August 10,
                                                regulations in their State                              Carolina. EPA is publishing this rule                 1999);
                                                Implementation Plans (61 FR 3584; 62                    without prior proposal because the                       • is not an economically significant
                                                FR 41277; 63 FR 72193; 64 FR 61213),                    Agency views this as a noncontroversial               regulatory action based on health or
                                                but EPA could not require them as a                     submittal and anticipates no adverse                  safety risks subject to Executive Order
                                                condition of its approval of the SIP.                   comments. However, in the proposed                    13045 (62 FR 19885, April 23, 1997);
                                                   In 2013, the North Carolina General                  rules section of this Federal Register                   • is not a significant regulatory action
                                                Assembly enacted Session Law 2013–                      publication, EPA is publishing a                      subject to Executive Order 13211 (66 FR
                                                2014 that sought to streamline the                      separate document that will serve as the              28355, May 22, 2001);
                                                regulatory process and eliminate                        proposal to approve the SIP revision                     • is not subject to requirements of
                                                unnecessary regulation. The State                       should adverse comments be filed. This                section 12(d) of the National
                                                Environmental Management                                rule will be effective July 11, 2017                  Technology Transfer and Advancement
                                                Commission recommended repealing                        without further notice unless the                     Act of 1995 (15 U.S.C. 272 note) because
                                                the transportation facility rules in 15A                Agency receives adverse comments by                   application of those requirements would
                                                NCAC 02D .0800—Complex Sources                          June 12, 2017.                                        be inconsistent with the CAA; and
                                                and 02Q .0600—Transportation                               If EPA receives such comments, then                   • does not provide EPA with the
                                                Facilities Procedures. The                              EPA will publish a document                           discretionary authority to address, as
                                                transportation facility rules are aimed at              withdrawing the final rule and                        appropriate, disproportionate human
                                                addressing CO emissions, and North                      informing the public that the rule will               health or environmental effects, using
                                                Carolina does not have any CO                           not take effect. All public comments                  practicable and legally permissible
                                                nonattainment areas. As a result, DAQ                   received will then be addressed in a                  methods, under Executive Order 12898
                                                proposes to repeal the transportation                   subsequent final rule based on the                    (59 FR 7629, February 16, 1994).
                                                facilities rule.                                        proposed rule. EPA will not institute a                  In addition, the SIP is not approved
                                                                                                        second comment period. Parties                        to apply on any Indian reservation land
                                                II. Analysis of State’s Submittal                                                                             or in any other area where EPA or an
                                                                                                        interested in commenting should do so
                                                   Section 110(l) of the CAA requires                   at this time. If no such comments are                 Indian tribe has demonstrated that a
                                                that a revision to the SIP not interfere                received, the public is advised that this             tribe has jurisdiction. In those areas of
                                                with any applicable requirement                         rule will be effective on July 11, 2017               Indian country, the rule does not have
                                                concerning attainment and reasonable                    and no further action will be taken on                tribal implications as specified by
                                                further progress (RFP) (as defined in                   the proposed rule.                                    Executive Order 13175 (65 FR 67249,
                                                section 171), or any other applicable                                                                         November 9, 2000), nor will it impose
                                                requirement of the Act. EPA evaluates                   IV. Statutory and Executive Order                     substantial direct costs on tribal
                                                each section 110(l) noninterference                     Reviews                                               governments or preempt tribal law.
                                                demonstration on a case-by-case basis                     Under the CAA, the Administrator is                    The Congressional Review Act, 5
                                                considering the circumstances of each                   required to approve a SIP submission                  U.S.C. 801 et seq., as added by the Small
                                                SIP revision. DAQ provided a                            that complies with the provisions of the              Business Regulatory Enforcement
                                                demonstration that shows that the                       Act and applicable federal regulations.               Fairness Act of 1996, generally provides
                                                repeal of the statewide North Carolina                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               that before a rule may take effect, the
                                                transportation facilities rules will not                Thus, in reviewing SIP submissions,                   agency promulgating the rule must
                                                interfere with the maintenance of the                   EPA’s role is to approve state choices,               submit a rule report, which includes a
                                                CO standards or any other NAAQS or                      provided that they meet the criteria of               copy of the rule, to each House of the
                                                other CAA requirement. The rules,                       the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                                which are focused on addressing CO                      merely approves state law as meeting                  of the United States. EPA will submit a
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                                                emissions, offer no environmental                       federal requirements and does not                     report containing this action and other
                                                benefit to the State now that it no longer              impose additional requirements beyond                 required information to the U.S. Senate,
                                                has any CO nonattainment areas. The                     those imposed by state law. For that                  the U.S. House of Representatives, and
                                                Charlotte, Raleigh-Durham/Chapel Hill                   reason, this action:                                  the Comptroller General of the United
                                                and Winston-Salem Areas have been                         • Is not a ‘‘significant regulatory                 States prior to publication of the rule in
                                                redesignated to maintenance (60 FR                      action’’ subject to review by the Office              the Federal Register. A major rule
                                                39262 and 59 FR 48402), and the                         of Management and Budget under                        cannot take effect until 60 days after it


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                                                22088                 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

                                                is published in the Federal Register.                   Procedures’’ and the entries ‘‘Sect                     For general information contact: The
                                                This action is not a ‘‘major rule’’ as                  .0601’’ through ‘‘Sect .0607’’.                       TSCA-Hotline, ABVI-Goodwill, 422
                                                defined by 5 U.S.C. 804(2).                             [FR Doc. 2017–09539 Filed 5–11–17; 8:45 am]           South Clinton Ave., Rochester, NY
                                                   Under section 307(b)(1) of the CAA,                  BILLING CODE 6560–50–P
                                                                                                                                                              14620; telephone number: (202) 554–
                                                petitions for judicial review of this                                                                         1404; email address: TSCA-Hotline@
                                                action must be filed in the United States                                                                     epa.gov.
                                                Court of Appeals for the appropriate                    ENVIRONMENTAL PROTECTION                              SUPPLEMENTARY INFORMATION:
                                                circuit by July 11, 2017. Filing a petition             AGENCY
                                                                                                                                                              I. What action is the Agency taking?
                                                for reconsideration by the Administrator
                                                                                                        40 CFR Part 704                                          EPA is extending the effective date for
                                                of this final rule does not affect the
                                                finality of this action for the purposes of             [EPA–HQ–OPPT–2010–0572; FRL–9962–58]                  a final rule that appeared in the Federal
                                                judicial review nor does it extend the                                                                        Register of January 12, 2017 (82 FR
                                                time within which a petition for judicial               RIN 2070–AK39                                         3641; FRL–9957–81) from May 12, 2017
                                                review may be filed, and shall not                                                                            to August 14, 2017. That rule
                                                postpone the effectiveness of such rule                 Chemical Substances When                              established final reporting and
                                                or action. Parties with objections to this              Manufactured or Processed as                          recordkeeping requirements for certain
                                                direct final rule are encouraged to file a              Nanoscale Materials; TSCA Reporting                   chemical substances when they are
                                                comment in response to the parallel                     and Recordkeeping Requirements                        manufactured or processed at the
                                                notice of proposed rulemaking for this                  AGENCY:  Environmental Protection                     nanoscale as described in that rule.
                                                action published in the proposed rules                  Agency (EPA).                                         Specifically, the rule requires persons
                                                section of today’s Federal Register,                                                                          that manufacture (defined by statute to
                                                                                                        ACTION: Final rule; delay of effective                include import) or process, or intend to
                                                rather than file an immediate petition                  date.
                                                for judicial review of this direct final                                                                      manufacture or process these chemical
                                                rule, so that EPA can withdraw this                     SUMMARY:   EPA is hereby extending the                substances to electronically report to
                                                direct final rule and address the                       effective date of the final rule that                 EPA certain information, which
                                                comment in the proposed rulemaking.                     appeared in the Federal Register of                   includes insofar as known to or
                                                This action may not be challenged later                 January 12, 2017, and established final               reasonably ascertainable by the person
                                                in proceedings to enforce its                           reporting and recordkeeping                           making the report, the specific chemical
                                                requirements. See section 307(b)(2).                    requirements for certain chemical                     identity, production volume, methods of
                                                                                                        substances when they are manufactured                 manufacture and processing, exposure
                                                List of Subjects in 40 CFR Part 52                                                                            and release information, and existing
                                                                                                        or processed at the nanoscale as
                                                                                                        described in that rule.                               information concerning environmental
                                                  Environmental protection, Air
                                                                                                                                                              and health effects. The rule involves
                                                pollution control, Carbon monoxide,                     DATES: The effective date of the final
                                                                                                                                                              one-time reporting for existing discrete
                                                Incorporation by reference,                             rule that appeared in the Federal                     forms of certain nanoscale materials,
                                                Intergovernmental relations, Lead,                      Register of January 12, 2017 (82 FR                   and a standing one-time reporting
                                                Nitrogen dioxide, Ozone, Particulate                    3641), is delayed from May 12, 2017, to               requirement for new discrete forms of
                                                matter, Reporting and recordkeeping                     August 14, 2017.                                      certain nanoscale materials before those
                                                requirements, Sulfur oxides, Volatile                   ADDRESSES: The docket for this action,                new forms are manufactured or
                                                organic compounds.                                      identified by docket identification (ID)              processed.
                                                  Dated: March 31, 2017.                                number EPA–HQ–OPPT–2010–0572, is                         Section 553(b)(1)(B) of the
                                                V. Anne Heard,                                          available electronically at http://                   Administrative Procedure Act, 5 U.S.C.
                                                                                                        www.regulations.gov or in person at the               553(b)(1)(B), allows an action to be
                                                Acting Regional Administrator, Region 4.
                                                                                                        Office of Pollution Prevention and                    taken without opportunity for notice or
                                                ■   40 CFR part 52 is amended as follows:               Toxics Docket (OPPT Docket),                          comment when the agency for good
                                                                                                        Environmental Protection Agency                       cause finds that notice and public
                                                PART 52—APPROVAL AND                                    Docket Center (EPA/DC), West William                  procedure thereon are impracticable,
                                                PROMULGATION OF                                         Jefferson Clinton Bldg., Rm. 3334, 1301               unnecessary, or contrary to the public
                                                IMPLEMENTATION PLANS                                    Constitution Ave. NW., Washington,                    interest. In addition, Section 553(d)(3),
                                                                                                        DC. The Public Reading Room is open                   5 U.S.C. 553(d)(3), allows the effective
                                                ■ 1. The authority citation for part 52                 from 8:30 a.m. to 4:30 p.m., Monday                   date of an action to be less than 30 days
                                                continues to read as follows:                           through Friday, excluding legal                       when a good cause finding is made.
                                                                                                        holidays. The telephone number for the                Because of the complex issues regarding
                                                    Authority: 42 U.S.C. 7401 et seq.
                                                                                                        Public Reading Room is (202) 566–1744,                reporting requirements of the rule and
                                                Subpart II—North Carolina                               and the telephone number for the OPPT                 the immediate pendency of the effective
                                                                                                        Docket is (202) 566–0280. Please review               date of the reporting requirements, it
                                                § 52.1770    [Amended]                                  the visitor instructions and additional               would be impractical to make the
                                                                                                        information about the docket available                effective date of this extension 30 days
                                                ■  2. Section 52.1770(c), Table 1 is                    at http://www.epa.gov/dockets.
                                                amended:                                                                                                      after its publication, and it would be
                                                                                                        FOR FURTHER INFORMATION CONTACT: For                  impractical to get public comments on
                                                ■ a. Under ‘‘Subchapter 2D Air                          technical information contact: Jim                    an extension of the effective date of the
                                                Pollution Control Requirements’’ by
mstockstill on DSK30JT082PROD with RULES




                                                                                                        Alwood, Chemical Control Division                     rule. In addition, the public interest is
                                                removing the heading ‘‘Section .0800                    (7405M), Office of Pollution Prevention               served by complete and accurate
                                                Complex Sources’’ and the entries ‘‘Sect                and Toxics, Environmental Protection                  reporting under the rule, which would
                                                .0801’’ through ‘‘Sect .0806’’; and                     Agency, 1200 Pennsylvania Ave. NW.,                   be greatly facilitated by publication of
                                                ■ b. Under ‘‘Subchapter 2Q Air Quality                  Washington, DC 20460–0001; telephone                  the guidance. Therefore, EPA finds good
                                                Permits’’ by removing the heading                       number: (202) 564–8974; email address:                cause to extend the effective date of the
                                                ‘‘Section .0600 Transportation Facility                 alwood.jim@epa.gov.                                   rule without notice and comment.


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Document Created: 2017-05-12 01:09:22
Document Modified: 2017-05-12 01:09:22
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 July 11, 2017 without further notice, unless EPA receives adverse comment by June 12, 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. The telephone number is (404) 562-9222. Ms. Sheckler can also be reached via electronic mail at [email protected]
FR Citation82 FR 22086 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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