82 FR 45473 - Air Plan Approval; North Carolina Miscellaneous Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 188 (September 29, 2017)
Federal Register Volume 82, Issue 188 (September 29, 2017)
| Page Range | 45473-45475 | |
| FR Document | 2017-20325 |
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)] [Rules and Regulations] [Pages 45473-45475] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20325] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0362; FRL-9968-10-Region 4] Air Plan Approval; North Carolina Miscellaneous Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving several changes to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality (NCDEQ), on December 14, 2004, and March 1, 2016. The March 1, 2016, submission adds a new rule to the ``Exclusionary Rules'' of the North Carolina SIP, and the portion of the December 14, 2004, submission EPA is approving adds two new rules under a new section called ``Permit Exemptions.'' This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This rule will be effective October 30, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0362. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. SUPPLEMENTARY INFORMATION: I. Background On December 14, 2004, and March 1, 2016, the State of North Carolina, through NCDEQ, submitted revisions to the North Carolina SIP. The March 1, 2016, submission which adds a new rule--15A NCAC 02Q .0809 Concrete Batch Plants--and a portion of the December 14, 2004, submission which adds two new rules--15A NCAC 02Q .0901, Purpose and Scope and .0902 Portable Crushers. In a proposed rulemaking published on July 10, 2017 (82 FR 31739), EPA proposed to approve these SIP revisions. The details of North Carolina's SIP revision and the rationale for EPA's action are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before August 9, 2017. EPA did not receive any comments on the proposed action. II. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of North Carolina Rules 15A NCAC 02Q .0809 entitled ``Concrete Batch Plants'' effective April 1, 2004, a new exclusionary rule for concrete batch that excludes from Title V permitting requirements such [[Page 45474]] facilities that operate below a specified annual production rate; 15A NCAC 02Q .0901 entitled ``Purpose and Scope'' effective January 1, 2005, a new exclusionary rule which provides for exclusions from construction and operating permits for certain types of sources and activities; and 15A NCAC 02Q .0902 entitled ``Portable Crushers'' effective January 1, 2005, an exclusionary rule which provides for exclusions from construction and operating permits for portable crusher operations. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally-enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Action EPA is approving North Carolina's March 1, 2016, submission and a portion of the December 14, 2004, submission. The changes pertain to the addition of two new rules under a new section ``Permit Exemptions'' and a new rule to the ``Exclusionary Rules'' of the North Carolina SIP. These rule adoptions do not contravene federal permitting requirements or existing EPA policy, nor will they impact the NAAQS or interfere with any other applicable requirement of the Act. See 42 U.S.C. 7410(l). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, these actions merely approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, these actions:Are not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); are 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.); do 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); do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); are not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); are not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); are 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 do not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 28, 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. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 13, 2017. Onis ``Trey'' Glenn, III, 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. In Sec. 52.1770, table 1 in paragraph (c) is amended under the heading ``Subchapter 2Q Air Quality Permits'' by: 0 a. Adding ``Sect .0809'' in numerical order. 0 b. Adding the heading ``Section .0900 Permit Exemptions'' and the entries ``Sect .0901'' and ``Sect .0902'' at the end of the table. The additions read as follows: Sec. 52.1770 Identification of plan. * * * * * (c) * * * [[Page 45475]] Table 1--EPA-Approved North Carolina Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subchapter 2Q Air Quality Permits ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Section .0800 Exclusionary Rules ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Sect .0809................. Concrete Batch Plants 4/1/2004 9/27/2017, [insert ..................... Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Section .0900 Permit Exemptions ---------------------------------------------------------------------------------------------------------------- Sect .0901................. Purpose and Scope.... 1/1/2005 9/27/2017, [insert ..................... Federal Register citation]. Sect .0902................. Portable Crushers.... 1/1/2005 9/27/2017, [insert ..................... Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-20325 Filed 9-28-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45473
the U.S. House of Representatives, and postpone the effectiveness of such rule PART 52—APPROVAL AND
the Comptroller General of the United or action. This action may not be PROMULGATION OF
States prior to publication of the rule in challenged later in proceedings to IMPLEMENTATION PLANS
the Federal Register. A major rule enforce its requirements. See section
cannot take effect until 60 days after it 307(b)(2). ■ 1. The authority citation for part 52
is published in the Federal Register. continues to read as follows:
List of Subjects in 40 CFR Part 52
This action is not a ‘‘major rule’’ as Authority: 42 U.S.C. 7401 et seq.
defined by 5 U.S.C. 804(2). Environmental protection, Air
pollution control, Incorporation by Subpart FF—New Jersey
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of reference, Intergovernmental relations,
■ 2. In § 52.1570(e), the table titled
this action must be filed in the United Nitrogen dioxide, Particulate matter,
‘‘EPA APPROVED NEW JERSEY
States Court of Appeals for the Reporting and recordkeeping
NONREGULATORY AND QUASI-
appropriate circuit by November 28, requirements, Sulfur oxides.
REGULATORY PROVISIONS’’ is
2017. Filing a petition for Dated: September 19, 2017. amended by adding the entry ‘‘Regional
reconsideration by the Administrator of Catherine R. McCabe, Haze Five-Year Progress Report’’ at the
this final rule does not affect the finality Acting Regional Administrator, Region 2. end of the table to read as follows:
of this action for the purposes of judicial
review nor does it extend the time Part 52 chapter I, title 40 of the Code § 52.1570 Identification of plan.
within which a petition for judicial of Federal Regulations is amended as * * * * *
review may be filed, and shall not follows: (e) * * *
EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI–REGULATORY PROVISIONS
Applicable New Jersey EPA
SIP element geographic or Explanation
submittal date approval date
nonattainment area
* * * * * * *
Regional Haze Five-Year Progress Re- State-wide .................. June 28, 2016 ...... September 29, 2017, [Federal Reg-
port. ister page citation].
[FR Doc. 2017–20821 Filed 9–28–17; 8:45 am] DATES:This rule will be effective I. Background
BILLING CODE 6560–50–P October 30, 2017.
On December 14, 2004, and March 1,
ADDRESSES: EPA has established a 2016, the State of North Carolina,
ENVIRONMENTAL PROTECTION docket for this action under Docket through NCDEQ, submitted revisions to
AGENCY Identification No. EPA–R04–OAR– the North Carolina SIP. The March 1,
2016–0362. All documents in the docket 2016, submission which adds a new
40 CFR Part 52 are listed on the www.regulations.gov rule—15A NCAC 02Q .0809 Concrete
Web site. Although listed in the index, Batch Plants—and a portion of the
[EPA–R04–OAR–2016–0362; FRL–9968–10– some information is not publicly December 14, 2004, submission which
Region 4] available, i.e., Confidential Business adds two new rules—15A NCAC 02Q
Information or other information whose .0901, Purpose and Scope and .0902
Air Plan Approval; North Carolina disclosure is restricted by statute. Portable Crushers. In a proposed
Miscellaneous Rules Certain other material, such as rulemaking published on July 10, 2017
copyrighted material, is not placed on (82 FR 31739), EPA proposed to approve
AGENCY: Environmental Protection the Internet and will be publicly these SIP revisions. The details of North
Agency (EPA). available only in hard copy form. Carolina’s SIP revision and the rationale
ACTION: Final rule. Publicly available docket materials are for EPA’s action are explained in the
available either electronically through proposed rulemaking. Comments on the
SUMMARY: The Environmental Protection www.regulations.gov or in hard copy at proposed rulemaking were due on or
Agency (EPA) is approving several the Air Regulatory Management Section, before August 9, 2017. EPA did not
changes to the North Carolina State Air Planning and Implementation receive any comments on the proposed
Implementation Plan (SIP) submitted by Branch, Air, Pesticides and Toxics action.
the State of North Carolina, through the Management Division, U.S. II. Incorporation by Reference
North Carolina Department of Environmental Protection Agency,
Environmental Quality (NCDEQ), on Region 4, 61 Forsyth Street SW., In this rule, EPA is finalizing
December 14, 2004, and March 1, 2016. Atlanta, Georgia 30303–8960. EPA regulatory text that includes
The March 1, 2016, submission adds a requests that if at all possible, you incorporation by reference. In
asabaliauskas on DSKBBXCHB2PROD with RULES
new rule to the ‘‘Exclusionary Rules’’ of contact the person listed in the FOR accordance with requirements of 1 CFR
the North Carolina SIP, and the portion FURTHER INFORMATION CONTACT section to
51.5, EPA is finalizing the incorporation
of the December 14, 2004, submission by reference of North Carolina Rules
schedule your inspection. The Regional
EPA is approving adds two new rules 15A NCAC 02Q .0809 entitled
Office’s official hours of business are
under a new section called ‘‘Permit ‘‘Concrete Batch Plants’’ effective April
Monday through Friday 8:30 a.m. to
Exemptions.’’ This action is being taken 1, 2004, a new exclusionary rule for
4:30 p.m., excluding Federal holidays.
pursuant to the Clean Air Act (CAA or concrete batch that excludes from Title
Act). SUPPLEMENTARY INFORMATION: V permitting requirements such
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![Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45475
TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
Subchapter 2Q Air Quality Permits
* * * * * * *
Section .0800 Exclusionary Rules
* * * * * * *
Sect .0809 ......... Concrete Batch Plants .................. 4/1/2004 9/27/2017, [insert Federal Reg-
ister citation].
* * * * * * *
Section .0900 Permit Exemptions
Sect .0901 ......... Purpose and Scope ...................... 1/1/2005 9/27/2017, [insert Federal Reg-
ister citation].
Sect .0902 ......... Portable Crushers ......................... 1/1/2005 9/27/2017, [insert Federal Reg-
ister citation].
* * * * * written comment by October 30, 2017. making effective comments, please visit
[FR Doc. 2017–20325 Filed 9–28–17; 8:45 am] If EPA receives such comments, it will http://www2.epa.gov/dockets/
BILLING CODE 6560–50–P publish a timely withdrawal of the commenting-epa-dockets.
direct final rule in the Federal Register FOR FURTHER INFORMATION CONTACT: Mrs.
and inform the public that the rule will Amy Johansen, (215) 814–2156, or by
ENVIRONMENTAL PROTECTION not take effect. email at johansen.amy@epa.gov.
AGENCY ADDRESSES: Submit your comments, SUPPLEMENTARY INFORMATION:
40 CFR Part 52 identified by Docket ID No. EPA–R03–
OAR–2017–0398 at https:// I. Background
[EPA–R03–OAR–2017–0398; FRL–9968–5– www.regulations.gov, or via email to On May 8, 2017, the Maryland
Region 3] aquino.marcos@epa.gov. For comments Department of the Environment (MDE)
submitted at Regulations.gov, follow the submitted on behalf of the State of
Approval and Promulgation of Air
online instructions for submitting Maryland a formal revision, requesting
Quality Implementation Plans;
comments. Once submitted, comments EPA’s approval for the SIP of its NNSR
Maryland; Nonattainment New Source
cannot be edited or removed from Certification for the 2008 Ozone
Review Requirements for the 2008 8-
Regulations.gov. For either manner of Standard (Revision 17–01). The SIP
Hour Ozone Standard
submission, EPA may publish any revision is in response to EPA’s final
AGENCY: Environmental Protection comment received to its public docket. 2008 8-hour ozone NAAQS Findings of
Agency (EPA). Do not submit electronically any Failure to Submit for NNSR
ACTION: Direct final rule. information you consider to be requirements. See 82 FR 9158 (February
confidential business information (CBI) 3, 2017). Specifically, Maryland is
SUMMARY: The Environmental Protection or other information whose disclosure is certifying that its existing NNSR
Agency (EPA) is taking direct final restricted by statute. Multimedia program, covering the Baltimore
action to approve a revision to the State submissions (audio, video, etc.) must be Nonattainment Area (which includes
of Maryland’s state implementation plan accompanied by a written comment. Anne Arundel, Baltimore, Carroll,
(SIP). The revision is in response to The written comment is considered the Harford, and Howard Counties and the
EPA’s February 3, 2017 Findings of official comment and should include city of Baltimore), the Philadelphia-
Failure to Submit for various discussion of all points you wish to Wilmington-Atlantic City
requirements relating to the 2008 8-hour make. EPA will generally not consider Nonattainment Area (which includes
ozone national ambient air quality comments or comment contents located Cecil County in Maryland), and the
standards (NAAQS). This SIP revision is outside of the primary submission (i.e. Washington, DC Nonattainment Area
asabaliauskas on DSKBBXCHB2PROD with RULES
specific to nonattainment new source on the Web, cloud, or other file sharing (which includes Calvert, Charles,
review (NNSR) requirements. EPA is system). For additional submission Frederick, Montgomery, and Prince
approving this revision in accordance methods, please contact the person Georges Counties in Maryland) for the
with the requirements of the Clean Air identified in the FOR FURTHER 2008 8-hour ozone NAAQS, is at least
Act (CAA). INFORMATION CONTACT section. For the as stringent as the requirements at 40
DATES: This rule is effective on full EPA public comment policy, CFR 51.165, as amended by the final
November 28, 2017 without further information about CBI or multimedia rule titled ‘‘Implementation of the 2008
notice, unless EPA receives adverse submissions, and general guidance on National Ambient Air Quality Standards
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Document Created: 2017-09-29 03:26:55
Document Modified: 2017-09-29 03:26:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 30, 2017. | |
| FR Citation | 82 FR 45473 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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