83 FR 45827 - Air Plan Approval; North Carolina: New Source Review for Fine Particulate Matter (PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 176 (September 11, 2018)
Federal Register Volume 83, Issue 176 (September 11, 2018)
| Page Range | 45827-45830 | |
| FR Document | 2018-19603 |
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)] [Rules and Regulations] [Pages 45827-45830] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19603] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0501; FRL-9983-43-Region 4] Air Plan Approval; North Carolina: New Source Review for Fine Particulate Matter (PM2.5 ) AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving changes to the North Carolina State Implementation Plan (SIP), submitted by the North Carolina Department of Environmental Quality (NC DEQ) through the Division of Air Quality, to EPA through a letter dated October 17, 2017. This SIP submittal modifies North Carolina's Prevention of Significant Deterioration (PSD) regulations and includes the adoption of specific federal provisions needed to meet the New Source Review (NSR) permitting program requirements for the fine particulate matter (PM2.5 ) national ambient air quality standards (NAAQS). In addition, North Carolina's October 17, 2017, SIP submittal addresses portions of the PSD requirements for the infrastructure SIPs for the following NAAQS: 1997 Annual and 24-hour PM2.5 ; 2006 24-hour PM2.5 ; 2008 lead; 2008 8-hour ozone; 2010 sulfur dioxide (SO2 ); 2010 nitrogen dioxide (NO2 ); and 2012 Annual PM2.5 . As a result of this approval of North Carolina's modified PSD regulations, EPA is also approving North Carolina's submittal with respect to the related PSD infrastructure SIP requirements for these NAAQS. In addition, these approvals remove EPA's obligation to promulgate a Federal Implementation Plan (FIP) to meet the relevant Clean Air Act (CAA or Act) requirements. DATES: This rule is effective October 11, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0501. All documents in the docket are listed on the www.regulations.gov website. 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 [[Page 45828]] available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Joel Huey of the 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. Mr. Huey can be reached by telephone at (404) 562-9104 or via electronic mail at huey.joel@epa.gov. SUPPLEMENTARY INFORMATION: I. Background In an action published on June 21, 2018 (83 FR 28789), EPA proposed to approve changes to the North Carolina SIP, submitted by the NC DEQ to EPA through a letter dated October 17, 2017.\1\ The details of North Carolina's submittal and the rationale for EPA's actions are explained in the proposal notice and briefly summarized below. EPA did not receive any adverse comments on the proposed action. --------------------------------------------------------------------------- \1\ EPA notes that the Agency may not have received this submittal on the date of the State's letter. --------------------------------------------------------------------------- EPA is approving two actions with regard to North Carolina's SIP submittal updating the State's PSD regulations found at 15A North Carolina Administrative Code (NCAC) 02D .0530. First, EPA is approving North Carolina's October 17, 2017, SIP submittal with regard to changes to the State's regulation at 15A NCAC 02D .0530 because EPA has determined that the State's changes fully meet the requirements of EPA's rulemaking, ``Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5 )-- Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC),'' Final Rule, 75 FR 64864 (October 20, 2010) (hereafter referred to as the ``2010 PSD PM2.5 Rule''). Second, as a result of the approval of North Carolina's October 17, 2017, SIP submittal for these PSD requirements, EPA is approving this submittal for portions of the infrastructure SIP PSD elements for the following NAAQS: 1997 Annual and 24-hour PM2.5 ; 2006 24-hour PM2.5 ; 2008 lead; 2008 8-hour ozone; 2010 SO2 ; 2010 NO2 ; and 2012 Annual PM2.5 .2 3 --------------------------------------------------------------------------- \2\ North Carolina's October 17, 2017, SIP submittal requested approval of the PSD infrastructure SIPs for the 2008 lead, 2008 8- hour ozone, 2010 SO2 , 2010 NO2 and the 2012 PM2.5 NAAQS. On April 16, 2018, the State submitted a letter to EPA clarifying that the same submittal is intended to satisfy the PSD elements of the State's infrastructure SIP submittals for the 1997 and 2006 PM2.5 NAAQS as well. \3\ The background for various NAAQS is provided in EPA's proposed and final rulemaking entitled ``Air Plan Approval and Disapproval; North Carolina: New Source Review for Fine Particulate Matter (PM2.5 ).'' See 81 FR 28797 (May 10, 2016) and 81 FR 63107 (September 14, 2016). --------------------------------------------------------------------------- A. Requirements of the 2010 PSD PM2.5 Rule for PSD SIP Programs North Carolina's October 17, 2017, SIP submittal adopts changes in the State's PSD permitting program at 15A NCAC 02D .0530 by incorporating by reference EPA's PSD regulations as of July 1, 2014. This incorporation by reference includes the federally-required provisions of EPA's 2010 PSD PM2.5 Rule needed to implement the PSD PM2.5 program in North Carolina. Adopting the federal rule as of July 1, 2014, has the effect of adding to the North Carolina SIP the required definitions of ``major source baseline date,'' ``minor source baseline date,'' and ``baseline area'' that were lacking in the State's previous PM2.5 submittals. This incorporation by reference as of July 1, 2014, also captures EPA's October 25, 2012 (77 FR 65107), amendment to the definition of ``regulated NSR pollutant'' concerning condensable particulate matter. North Carolina's incorporation by reference of EPA's PSD regulations as of July 1, 2014, is not only consistent with the current federal rule, but it also will not interfere with North Carolina's efforts to prevent significant deterioration of air quality and to attain and maintain compliance with the PM2.5 NAAQS. B. Requirements for Infrastructure SIPs Because North Carolina's October 17, 2017, SIP submittal addresses certain NSR/PSD requirements, it thereby meets the related infrastructure SIP requirements of section 110(a)(2)(C), 110(a)(2)(D)(i)(II) and 110(a)(2)(J). As finalized, North Carolina's SIP includes a complete PSD program that addresses all structural PSD requirements due under the CAA and EPA regulations. Therefore, because EPA is approving North Carolina's SIP revisions for the PSD program, it is also approving the October 17, 2017, submittal for the PSD infrastructure SIP requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) for the 2008 lead NAAQS, 2008 ozone NAAQS, 2010 SO2 NAAQS, 2010 NO2 NAAQS, and 1997, 2006 and 2012 PM2.5 NAAQS.\4\ --------------------------------------------------------------------------- \4\ EPA has already approved or will consider in separate actions all other elements from North Carolina infrastructure SIP submissions related to the 2008 lead, 2008 8-hour ozone, 2010 NO2 , 2010 SO2 NAAQS, and 1997, 2006 and 2012 PM2.5 NAAQS. --------------------------------------------------------------------------- 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's regulations 15A NCAC 02D .0530, entitled ``Prevention of Significant Deterioration,'' which modify the NSR permitting regulations, effective September 1, 2017. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, 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 in the next update to the SIP compilation.\5\ --------------------------------------------------------------------------- \5\ See 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Actions EPA is approving changes to the North Carolina SIP, provided by the NC DEQ, to EPA through a letter dated October 17, 2017. Specifically, EPA is approving changes to North Carolina's NSR permitting regulations codified at 15A 02D .0530--Prevention of Significant Deterioration, which relate to the requirements to comply with EPA's 2010 PSD PM2.5 Rule. EPA also notes that North Carolina's incorporation by reference of EPA's PSD regulations as of July 1, 2014, includes EPA's amendment to the definition of ``regulated NSR pollutant'' concerning condensable PM promulgated on October 25, 2012. EPA is approving the version of 15A NCAC 02D .0530 (PSD) that became effective in the State on September 1, 2017, which will be incorporated into North Carolina's SIP. As a result of this approval, EPA is also approving portions of the PSD elements of North Carolina's infrastructure SIP submittals (i.e., CAA sections [[Page 45829]] 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J)) for the 1997 Annual and 24-hour PM2.5, 2006 24-hour PM2.5, 2008 lead, 2008 8-hour ozone, 2010 SO2 , 2010 NO2 and the 2012 Annual PM2.5 NAAQS. This final action removes EPA's obligation under section 110(c) to promulgate a FIP to address the PM2.5 increments requirements of EPA's 2010 PSD PM2.5 Rule PSD and the related PSD elements for the above listed infrastructure SIPs. 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. These actions merely approve state law as meeting Federal requirements and do 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); Are not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 13, 2018. 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, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: August 28, 2018. 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. Section 52.1770(c) Table 1 is amended under Subchapter 2D, Section .0500 by revising the entry for ``Sect .0530'' to read as follows: Sec. 52.1770 Identification of plan. * * * * * (c) * * * Table 1--EPA Approved North Carolina Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Subchapter 2D Air Pollution Control Requirements ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section .0500 Emission Control Standards ---------------------------------------------------------------------------------------------------------------- * * * * * * * Sect .0530..................... Prevention of 9/1/2017 9/11/2018, [Insert .............. Significant citation of Deterioration. publication in Federal Register]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 45830]] * * * * * 0 3. Section 52.1770(e), is amended by adding entries for ``110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO 2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'' at the end of the table to read as follows: Sec. 52.1770 Identification of plan. * * * * * (e) * * * EPA-Approved North Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State EPA approval Federal Register Provision effective date date citation Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 4/1/2008 9/11/2018 [Insert citation of Approved the PSD Requirements for 1997 Fine publication in elements of sections Particulate Matter NAAQS. Federal Register]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure 9/21/2009 9/11/2018 [Insert citation of Approved the PSD Requirements for 2006 Fine publication in elements of sections Particulate Matter NAAQS. Federal Register]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure 6/15/2012 9/11/2018 [Insert citation of Approved the PSD Requirements for the 2008 Lead publication in elements of sections NAAQS. Federal Register]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure 11/2/2012 9/11/2018 [Insert citation of Approved the PSD Requirements for the 2008 8-Hour publication in elements of sections Ozone NAAQS. Federal Register]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure 8/23/2013 9/11/2018 [Insert citation of Approved the PSD Requirements for the 2010 1-hour publication in elements of sections NO2 NAAQS. Federal Register]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure 3/18/2014 9/11/2018 [Insert citation of Approved the PSD Requirements for the 2010 1-hour publication in elements of sections SO2 NAAQS. Federal Register]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure 12/4/2015 9/11/2018 [Insert citation of Approved the PSD Requirements for the 2012 Annual publication in elements of sections PM2.5 NAAQS. Federal Register]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-19603 Filed 9-10-18; 8:45 am] BILLING CODE 6560-50-P
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Need for Correction race. This deviation allows the bridge to ENVIRONMENTAL PROTECTION
As published July 30, 2018 (83 FR remain in the closed-to-navigation AGENCY
36417), the final regulations (TD 9836) position.
DATES: This deviation is effective from
40 CFR Part 52
contain an error that needs to be
corrected. 7 a.m. through 10 a.m. on October 6, [EPA–R04–OAR–2015–0501; FRL–9983–43-
2018. Region 4]
List of Subjects in 26 CFR Part 1
ADDRESSES: The docket for this
Income taxes, Reporting and Air Plan Approval; North Carolina: New
deviation, USCG–2018–0850, is
recordkeeping requirements. Source Review for Fine Particulate
available at http://www.regulations.gov.
Matter (PM2.5)
Correction of Publication Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’ AGENCY: Environmental Protection
Accordingly, 26 CFR part 1 is
Click on Open Docket Folder on the line Agency (EPA).
corrected by making the following
associated with this deviation. ACTION: Final rule.
correcting amendments:
FOR FURTHER INFORMATION CONTACT: If
PART 1—INCOME TAXES you have questions on this temporary SUMMARY: The Environmental Protection
deviation, call or email Carl T. Hausner, Agency (EPA) is approving changes to
■ Paragraph 1. The authority citation Chief, Bridge Section, Eleventh Coast the North Carolina State
for part 1 continues to read in part as Guard District; telephone 510–437– Implementation Plan (SIP), submitted
follows: 3516, email Carl.T.Hausner@uscg.mil. by the North Carolina Department of
Authority: 26 U.S.C. 7805 * * * SUPPLEMENTARY INFORMATION: The Environmental Quality (NC DEQ)
California Department of Transportation through the Division of Air Quality, to
■ Par. 2. Section 1.170A–1 is amended EPA through a letter dated October 17,
by revising the third sentence of has requested a temporary change to the
operation of the Tower Drawbridge, 2017. This SIP submittal modifies North
paragraph (a) to read as follows: Carolina’s Prevention of Significant
mile 59.0, over Sacramento River, at
§ 1.170A–1 Charitable, etc., contributions Sacramento, CA. The drawbridge Deterioration (PSD) regulations and
and gifts; allowance of deduction. navigation span provides a vertical includes the adoption of specific federal
(a) * * * For rules relating to record clearance of 30 feet above Mean High provisions needed to meet the New
keeping and return requirements in Water in the closed-to-navigation Source Review (NSR) permitting
support of deductions for charitable position. The draw operates as required program requirements for the fine
contributions (whether by an itemizing by 33 CFR 117.189(a). Navigation on the particulate matter (PM2.5) national
or nonitemizing taxpayer), see waterway is commercial and ambient air quality standards (NAAQS).
§§ 1.170A–13 (generally applicable to recreational. In addition, North Carolina’s October
contributions on or before July 30, The drawspan will be secured in the 17, 2017, SIP submittal addresses
2018), 1.170A–14, 1.170A–15, 1.170A– closed-to-navigation position from 7 portions of the PSD requirements for the
16, 1.170A–17, and 1.170A–18. * * * a.m. to 10 a.m. on October 6, 2018, to infrastructure SIPs for the following
* * * * * allow the community to participate in NAAQS: 1997 Annual and 24-hour
the Sacramento Century Challenge PM2.5; 2006 24-hour PM2.5; 2008 lead;
Martin V. Franks, bicycle race. This temporary deviation 2008 8-hour ozone; 2010 sulfur dioxide
Chief, Publications and Regulations Branch, has been coordinated with the waterway (SO2); 2010 nitrogen dioxide (NO2); and
Legal Processing Division, Associate Chief users. No objections to the proposed 2012 Annual PM2.5. As a result of this
Counsel (Procedure and Administration). temporary deviation were raised. approval of North Carolina’s modified
[FR Doc. 2018–19679 Filed 9–10–18; 8:45 am] Vessels able to pass through the bridge PSD regulations, EPA is also approving
BILLING CODE 4830–01–P in the closed position may do so at any North Carolina’s submittal with respect
time. The bridge will be able to open for to the related PSD infrastructure SIP
emergencies and there is no immediate requirements for these NAAQS. In
DEPARTMENT OF HOMELAND alternate route for vessels to pass. The addition, these approvals remove EPA’s
SECURITY Coast Guard will also inform the users obligation to promulgate a Federal
of the waterway through our Local and Implementation Plan (FIP) to meet the
Coast Guard Broadcast Notices to Mariners of the relevant Clean Air Act (CAA or Act)
change in operating schedule for the requirements.
33 CFR Part 117 bridge so that vessel operators can DATES: This rule is effective October 11,
[Docket No. USCG–2018–0850] arrange their transits to minimize any 2018.
impact caused by the temporary ADDRESSES: EPA has established a
Drawbridge Operation Regulation; deviation. docket for this action under Docket
Sacramento River, Sacramento, CA In accordance with 33 CFR 117.35(e),
Identification No. EPA–R04–OAR–
the drawbridge must return to its regular
AGENCY: Coast Guard, DHS. 2015–0501. All documents in the docket
operating schedule immediately at the
ACTION:Notice of deviation from are listed on the www.regulations.gov
end of the effective period of this
drawbridge regulation. website. Although listed in the index,
temporary deviation. This deviation
some information is not publicly
from the operating regulations is
SUMMARY: The Coast Guard has issued a available, i.e., Confidential Business
authorized under 33 CFR 117.35.
temporary deviation from the operating Information or other information whose
daltland on DSKBBV9HB2PROD with RULES
schedule that governs the Tower Dated: September 5, 2018. disclosure is restricted by statute.
Drawbridge across the Sacramento Carl T. Hausner, Certain other material, such as
River, mile 59.0, at Sacramento, CA. The District Bridge Chief, Eleventh Coast Guard copyrighted material, is not placed on
deviation is necessary to allow the District. the internet and will be publicly
community to participate in the [FR Doc. 2018–19597 Filed 9–10–18; 8:45 am] available only in hard copy form.
Sacramento Century Challenge bicycle BILLING CODE 9110–04–P Publicly available docket materials are
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110(a)(2)(C), 110(a)(2)(D)(i)(II), and in the Unfunded Mandates Reform Act cannot take effect until 60 days after it
110(a)(2)(J)) for the 1997 Annual and 24- of 1995 (Pub. L. 104–4); is published in the Federal Register.
hour PM2.5, 2006 24-hour PM2.5, 2008 • Do not have Federalism This action is not a ‘‘major rule’’ as
lead, 2008 8-hour ozone, 2010 SO2, 2010 implications as specified in Executive defined by 5 U.S.C. 804(2).
NO2 and the 2012 Annual PM2.5 Order 13132 (64 FR 43255, August 10, Under section 307(b)(1) of the CAA,
NAAQS. This final action removes 1999); petitions for judicial review of this
EPA’s obligation under section 110(c) to • Are not an economically significant action must be filed in the United States
promulgate a FIP to address the PM2.5 regulatory action based on health or Court of Appeals for the appropriate
increments requirements of EPA’s 2010 safety risks subject to Executive Order circuit by November 13, 2018. Filing a
PSD PM2.5 Rule PSD and the related 13045 (62 FR 19885, April 23, 1997); petition for reconsideration by the
PSD elements for the above listed • Are not a significant regulatory Administrator of this final rule does not
infrastructure SIPs. action subject to Executive Order 13211 affect the finality of this action for the
(66 FR 28355, May 22, 2001); purposes of judicial review nor does it
IV. Statutory and Executive Order • Are not subject to requirements of extend the time within which a petition
Reviews Section 12(d) of the National for judicial review may be filed, and
Under the CAA, the Administrator is Technology Transfer and Advancement shall not postpone the effectiveness of
required to approve a SIP submission Act of 1995 (15 U.S.C. 272 note) because
such rule or action. This action may not
that complies with the provisions of the application of those requirements would
be challenged later in proceedings to
Act and applicable Federal regulations. be inconsistent with the CAA; and
• Do not provide EPA with the enforce its requirements. See section
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 307(b)(2).
discretionary authority to address, as
Thus, in reviewing SIP submissions,
appropriate, disproportionate human List of Subjects in 40 CFR Part 52
EPA’s role is to approve state choices,
health or environmental effects, using
provided that they meet the criteria of Environmental protection, Air
practicable and legally permissible
the CAA. These actions merely approve pollution control, Incorporation by
methods, under Executive Order 12898
state law as meeting Federal reference, Intergovernmental relations,
(59 FR 7629, February 16, 1994).
requirements and do not impose The SIP is not approved to apply on Lead, Nitrogen dioxide, Ozone,
additional requirements beyond those any Indian reservation land or in any Particulate matter, Reporting and
imposed by state law. For that reason, other area where EPA or an Indian tribe recordkeeping requirements, Sulfur
these actions: has demonstrated that a tribe has oxides.
• Are not a significant regulatory jurisdiction. In those areas of Indian Dated: August 28, 2018.
action subject to review by the Office of country, the rule does not have tribal Onis ‘‘Trey’’ Glenn, III,
Management and Budget under implications as specified by Executive
Executive Orders 12866 (58 FR 51735, Regional Administrator, Region 4.
Order 13175 (65 FR 67249, November 9,
October 4, 1993) and 13563 (76 FR 3821, 40 CFR part 52 is amended as follows:
2000), nor will it impose substantial
January 21, 2011); direct costs on tribal governments or
• Are not an Executive Order 13771 PART 52—APPROVAL AND
preempt tribal law. PROMULGATION OF
(82 FR 9339, February 2, 2017) The Congressional Review Act, 5
regulatory action because SIP approvals IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small
are exempted under Executive Order Business Regulatory Enforcement ■ 1. The authority citation for part 52
12866; Fairness Act of 1996, generally provides continues to read as follows:
• Do not impose an information that before a rule may take effect, the
collection burden under the provisions Authority: 42 U.S.C. 7401 et seq.
agency promulgating the rule must
of the Paperwork Reduction Act (44 submit a rule report, which includes a Subpart II—North Carolina
U.S.C. 3501 et seq.); copy of the rule, to each House of the
• Are certified as not having a Congress and to the Comptroller General ■ 2. Section 52.1770(c) Table 1 is
significant economic impact on a of the United States. EPA will submit a amended under Subchapter 2D, Section
substantial number of small entities report containing this action and other .0500 by revising the entry for ‘‘Sect
under the Regulatory Flexibility Act (5 required information to the U.S. Senate, .0530’’ to read as follows:
U.S.C. 601 et seq.); the U.S. House of Representatives, and
• Do not contain any unfunded the Comptroller General of the United § 52.1770 Identification of plan.
mandate or significantly or uniquely States prior to publication of the rule in * * * * *
affect small governments, as described the Federal Register. A major rule (c) * * *
TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
Subchapter 2D Air Pollution Control Requirements
* * * * * * *
Section .0500 Emission Control Standards
daltland on DSKBBV9HB2PROD with RULES
* * * * * * *
Sect .0530 ................ Prevention of Significant Deterioration ...... 9/1/2017 9/11/2018, [Insert citation of publication in ........................
Federal Register].
* * * * * * *
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![45830 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations
* * * * * Infrastructure Requirements for the 2008 ‘‘110(a)(1) and (2) Infrastructure
■ 3. Section 52.1770(e), is amended by Lead NAAQS’’, ‘‘110(a)(1) and (2) Requirements for the 2012 Annual PM2.5
adding entries for ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2008 NAAQS’’ at the end of the table to read
Infrastructure Requirements for 1997 8-Hour Ozone NAAQS’’, ‘‘110(a)(1) and as follows:
Fine Particulate Matter NAAQS’’, (2) Infrastructure Requirements for the
§ 52.1770 Identification of plan.
‘‘110(a)(1) and (2) Infrastructure 2010 1-hour NO2 NAAQS’’, ‘‘110(a)(1)
Requirements for 2006 Fine Particulate and (2) Infrastructure Requirements for * * * * *
Matter NAAQS’’, ‘‘110(a)(1) and (2) the 2010 1-hour SO2 NAAQS’’, and (e) * * *
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective EPA approval Federal Register ci-
Provision Explanation
date date tation
* * * * * * *
110(a)(1) and (2) Infrastructure Require- 4/1/2008 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for 1997 Fine Particulate Matter publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
NAAQS. eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 9/21/2009 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for 2006 Fine Particulate Matter publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
NAAQS. eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 6/15/2012 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2008 Lead NAAQS. publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 11/2/2012 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2008 8-Hour Ozone publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
NAAQS. eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 8/23/2013 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2010 1-hour NO2 NAAQS. publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 3/18/2014 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2010 1-hour SO2 NAAQS. publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 12/4/2015 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2012 Annual PM2.5 publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
NAAQS. eral Register]. 3) and 110(a)(2)(J).
[FR Doc. 2018–19603 Filed 9–10–18; 8:45 am] addresses maintenance of the PM10 INFORMATION CONTACT section for
BILLING CODE 6560–50–P standard for a ten-year period beyond additional availability information.
redesignation. Related to this action, the FOR FURTHER INFORMATION CONTACT:
EPA is taking final agency action on the Justin Spenillo at (206) 553–6125, or
ENVIRONMENTAL PROTECTION September 15, 2013, high wind spenillo.justin@epa.gov.
AGENCY exceptional event at the Pinehurst SUPPLEMENTARY INFORMATION:
monitoring station. Additionally, the Throughout this document whenever
40 CFR Parts 52 and 81 EPA is finalizing approval of the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
emissions inventory for the West Silver intended to refer to the EPA.
[EPA–R10–OAR–2017–0582; FRL–9983–
Valley 2012 annual PM2.5
53—Region 10] Table of Contents
nonattainment area.
Air Plan Approval; ID, Pinehurst PM10 DATES:This action is effective on I. Background Information
Redesignation, Limited Maintenance October 11, 2018. II. Response to Comments
Plan; West Silver Valley 2012 Annual III. Final Action
ADDRESSES: The EPA has established a IV. Statutory and Executive Orders Review
PM2.5 Emission Inventory
docket for this action under Docket ID
AGENCY: Environmental Protection No. EPA–R10–OAR–2017–0582. All I. Background Information
Agency (EPA). documents in the docket are listed on On May 11, 2018, the EPA proposed
ACTION: Final rule. the https://www.regulations.gov to approve the redesignation request
website. Although listed in the index, and limited maintenance plan (LMP)
SUMMARY: The EPA is approving the some information is not publicly submitted by the Idaho Department of
redesignation request and limited available, e.g., Confidential Business Environmental Quality (IDEQ) on
maintenance plan for the PM10 National Information or other information the September 29, 2017, for the City of
Ambient Air Quality Standard disclosure of which is restricted by Pinehurst PM10 Nonattainment Area and
developed for the City of Pinehurst statute. Certain other material, such as the Pinehurst PM10 Expansion
PM10 Nonattainment Area and the copyrighted material, is not placed on Nonattainment Area, collectively
daltland on DSKBBV9HB2PROD with RULES
Pinehurst PM10 Expansion the internet and will be publicly referred to as the Pinehurst PM10
Nonattainment Area. This redesignation available only in hard copy form. Nonattainment Area (Pinehurst PM10
will change the status of both areas from Publicly available docket materials are NAA).
nonattainment to attainment. The available through https:// Related to this action, the EPA is
limited maintenance plan for these www.regulations.gov, or please contact taking final agency action on the EPA’s
contiguous nonattainment areas the person identified in the FOR FURTHER concurrence with the IDEQ’s request for
VerDate Sep<11>2014 16:11 Sep 10, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1](https://thefederalregister.org/doc/83_FR_46003/page/4.svg)
Document Created: 2018-09-11 01:03:08
Document Modified: 2018-09-11 01:03:08
| 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 is effective October 11, 2018. | |
| Contact | Joel Huey of the 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. Mr. Huey can be reached by telephone at (404) 562-9104 or via electronic mail at [email protected] | |
| FR Citation | 83 FR 45827 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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