83 FR 48383 - Air Plan Approval; North Carolina; Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range		48383-48384
FR Document		2018-20748

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of North Carolina on November 17, 2017, through the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), for the purpose of removing 26 counties from North Carolina's expanded inspection and maintenance (I/M) program, which was previously approved into the SIP for use as a component of the State's Nitrogen Oxides (NO<INF>X</INF>) Budget and Allowance Trading Program. The EPA has determined that North Carolina's November 17, 2017, SIP revision is approvable because it is consistent with the Clean Air Act (CAA or Act) and with the EPA's regulations.

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)

[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48383-48384]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20748]



[[Page 48383]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0020; FRL-9984-23--Region 4]


Air Plan Approval; North Carolina; Inspection and Maintenance 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of North 
Carolina on November 17, 2017, through the North Carolina Department of 
Environmental Quality, Division of Air Quality (DAQ), for the purpose 
of removing 26 counties from North Carolina's expanded inspection and 
maintenance (I/M) program, which was previously approved into the SIP 
for use as a component of the State's Nitrogen Oxides (NOX) 
Budget and Allowance Trading Program. The EPA has determined that North 
Carolina's November 17, 2017, SIP revision is approvable because it is 
consistent with the Clean Air Act (CAA or Act) and with the EPA's 
regulations.

DATES: This rule will be effective September 25, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R04-OAR-2018-0020. 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 
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: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 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

    On November 17, 2017, DAQ submitted a SIP revision seeking to 
remove 26 counties from the expanded I/M program contained in the North 
Carolina SIP. This removal consequently removes reliance on the I/M 
reduction credits gained from the 26 counties' participation in the 
expanded I/M program from the State's NOX emissions budget--
a component of the State's response to the NOX SIP Call. 
North Carolina indicated that it no longer needs these reduction 
credits in order to meet its obligations under the NOX SIP 
Call. In addition, North Carolina provided a technical demonstration 
showing that removing the 26 counties from the expanded I/M program 
will not interfere with North Carolina's attainment or maintenance of 
any National Ambient Air Quality Standard (NAAQS) or with any other 
applicable requirement of the CAA.
    The EPA published a proposed rulemaking on July 26, 2018 (83 FR 
35444), proposing to approve this SIP revision. The proposed approval 
was based on the EPA's proposed findings that the removal of the 26 
counties from the State's expanded I/M program will not interfere with 
North Carolina's obligations under the NOX SIP Call and will 
not interfere with North Carolina's attainment or maintenance of any 
NAAQS or with any other applicable requirement of the CAA. The details 
of North Carolina's submittal and the rationale for the EPA's action 
are explained in the proposed rulemaking. The comment period for this 
proposed rulemaking closed on August 27, 2018. The EPA received two 
comments supporting the proposed action. The remaining comments 
received were not relevant.

II. Final Action

    The EPA is taking final action to approve the November 17, 2017, 
revision to the North Carolina SIP. Specifically, the EPA is approving 
the removal of Brunswick, Burke, Caldwell, Carteret, Catawba, Chatham, 
Cleveland, Craven, Edgecombe, Granville, Harnett, Haywood, Henderson, 
Lenoir, Moore, Nash, Orange, Pitt, Robeson, Rutherford, Stanly, Stokes, 
Surry, Wayne, Wilkes, and Wilson counties from the SIP-approved 
expanded I/M program. Additionally, the EPA is finding that North 
Carolina's removal of the 26 counties from the SIP-approved expanded I/
M program (and the removal of reliance on the I/M emissions reductions 
generated from those counties as part of the ``credits'' in North 
Carolina's NOX emissions budget) will not interfere with the 
State's obligations under the NOX SIP Call to meet its 
Statewide NOX emissions budget. The EPA is also finding that 
the removal of the 26 counties from the SIP-approved I/M program will 
not interfere with continued attainment or maintenance of any 
applicable NAAQS or with any other applicable requirement of the CAA, 
and that North Carolina has satisfied the requirements of section 
110(l) of the CAA.
    The EPA has determined that this action is effective immediately 
upon publication under the authority of 5 U.S.C. 553(d)(1). The purpose 
of the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Section 553(d)(1) allows an 
effective date less than 30 days after publication if a substantive 
rule ``relieves a restriction.'' This action qualifies for the 
exception under section 553(d)(1) because it relieves the 26 counties 
identified above from the requirements of North Carolina's SIP-approved 
expanded I/M program.

III. 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions

[[Page 48384]]

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 the 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 the 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. The 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 26, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 11, 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. In Sec.  52.1770, the table in paragraph (e) is amended by adding 
the entry ``North Carolina Removal of 26 Counties from Inspection and 
Maintenance Program and 110(l) Non-Interference Demonstration'' 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
North Carolina Removal of 26         11/17/2017       9/25/2018  [insert Federal    ............................
 Counties from Inspection and                                     Register
 Maintenance Program and 110(l)                                   citation].
 Non-Interference Demonstration.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-20748 Filed 9-24-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations 48383

ENVIRONMENTAL PROTECTION Management Section, Air Planning and and Wilson counties from the SIP-
AGENCY Implementation Branch, Air, Pesticides approved expanded I/M program.
and Toxics Management Division, Additionally, the EPA is finding that
40 CFR Part 52 Region 4, U.S. Environmental Protection North Carolina’s removal of the 26
[EPA–R04–OAR–2018–0020; FRL–9984– Agency, 61 Forsyth Street SW, Atlanta, counties from the SIP-approved
23—Region 4] Georgia 30303–8960. The telephone expanded I/M program (and the removal
number is (404) 562–9222. Ms. Sheckler of reliance on the I/M emissions
Air Plan Approval; North Carolina; can also be reached via electronic mail reductions generated from those
Inspection and Maintenance Program at sheckler.kelly@epa.gov. counties as part of the ‘‘credits’’ in
SUPPLEMENTARY INFORMATION: North Carolina’s NOX emissions budget)
AGENCY: Environmental Protection
will not interfere with the State’s
Agency (EPA). I. Background
obligations under the NOX SIP Call to
ACTION: Final rule. On November 17, 2017, DAQ meet its Statewide NOX emissions
SUMMARY: The Environmental Protection submitted a SIP revision seeking to budget. The EPA is also finding that the
Agency (EPA) is approving a State remove 26 counties from the expanded removal of the 26 counties from the SIP-
Implementation Plan (SIP) revision I/M program contained in the North approved I/M program will not interfere
submitted by the State of North Carolina Carolina SIP. This removal with continued attainment or
on November 17, 2017, through the consequently removes reliance on the I/ maintenance of any applicable NAAQS
North Carolina Department of M reduction credits gained from the 26 or with any other applicable
Environmental Quality, Division of Air counties’ participation in the expanded requirement of the CAA, and that North
Quality (DAQ), for the purpose of I/M program from the State’s NOX Carolina has satisfied the requirements
removing 26 counties from North emissions budget—a component of the of section 110(l) of the CAA.
Carolina’s expanded inspection and State’s response to the NOX SIP Call. The EPA has determined that this
maintenance (I/M) program, which was North Carolina indicated that it no action is effective immediately upon
previously approved into the SIP for use longer needs these reduction credits in publication under the authority of 5
as a component of the State’s Nitrogen order to meet its obligations under the U.S.C. 553(d)(1). The purpose of the 30-
Oxides (NOX) Budget and Allowance NOX SIP Call. In addition, North day waiting period prescribed in section
Trading Program. The EPA has Carolina provided a technical 553(d) is to give affected parties a
determined that North Carolina’s demonstration showing that removing reasonable time to adjust their behavior
November 17, 2017, SIP revision is the 26 counties from the expanded I/M and prepare before the final rule takes
approvable because it is consistent with program will not interfere with North effect. Section 553(d)(1) allows an
the Clean Air Act (CAA or Act) and with Carolina’s attainment or maintenance of effective date less than 30 days after
the EPA’s regulations. any National Ambient Air Quality publication if a substantive rule
Standard (NAAQS) or with any other ‘‘relieves a restriction.’’ This action
DATES: This rule will be effective
applicable requirement of the CAA. qualifies for the exception under section
September 25, 2018. The EPA published a proposed
ADDRESSES: The EPA has established a 553(d)(1) because it relieves the 26
rulemaking on July 26, 2018 (83 FR
docket for this action under Docket counties identified above from the
35444), proposing to approve this SIP
Identification No. EPA–R04–OAR– requirements of North Carolina’s SIP-
revision. The proposed approval was
2018–0020. All documents in the docket based on the EPA’s proposed findings approved expanded I/M program.
are listed on the www.regulations.gov that the removal of the 26 counties from III. Statutory and Executive Order
website. Although listed in the index, the State’s expanded I/M program will Reviews
some information is not publicly not interfere with North Carolina’s
available, i.e., Confidential Business obligations under the NOX SIP Call and Under the CAA, the Administrator is
Information or other information whose will not interfere with North Carolina’s required to approve a SIP submission
disclosure is restricted by statute. attainment or maintenance of any that complies with the provisions of the
Certain other material, such as NAAQS or with any other applicable Act and applicable Federal regulations.
copyrighted material, is not placed on requirement of the CAA. The details of See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
the internet and will be publicly North Carolina’s submittal and the Thus, in reviewing SIP submissions, the
available only in hard copy form. rationale for the EPA’s action are EPA’s role is to approve state choices,
Publicly available docket materials are explained in the proposed rulemaking. provided that they meet the criteria of
available either electronically through The comment period for this proposed the CAA. This action merely approves
www.regulations.gov or in hard copy at rulemaking closed on August 27, 2018. state law as meeting Federal
the Air Regulatory Management Section, The EPA received two comments requirements and does not impose
Air Planning and Implementation supporting the proposed action. The additional requirements beyond those
Branch, Air, Pesticides and Toxics remaining comments received were not imposed by state law. For that reason,
Management Division, U.S. relevant. this action:
Environmental Protection Agency, • Is not a significant regulatory action
Region 4, 61 Forsyth Street SW, Atlanta, II. Final Action subject to review by the Office of
Georgia 30303–8960. EPA requests that The EPA is taking final action to Management and Budget under
if at all possible, you contact the person approve the November 17, 2017, Executive Orders 12866 (58 FR 51735,
listed in the FOR FURTHER INFORMATION revision to the North Carolina SIP. October 4, 1993) and 13563 (76 FR 3821,
CONTACT section to schedule your Specifically, the EPA is approving the January 21, 2011);
daltland on DSKBBV9HB2PROD with RULES

inspection. The Regional Office’s removal of Brunswick, Burke, Caldwell, • Is not an Executive Order 13771 (82
official hours of business are Monday Carteret, Catawba, Chatham, Cleveland, FR 9339, February 2, 2017) regulatory
through Friday 8:30 a.m. to 4:30 p.m., Craven, Edgecombe, Granville, Harnett, action because SIP approvals are
excluding Federal holidays. Haywood, Henderson, Lenoir, Moore, exempted under Executive Order 12866;
FOR FURTHER INFORMATION CONTACT: Nash, Orange, Pitt, Robeson, Rutherford, • Does not impose an information
Kelly Sheckler, Air Regulatory Stanly, Stokes, Surry, Wayne, Wilkes, collection burden under the provisions

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48384 Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations

of the Paperwork Reduction Act (44 country, the rule does not have tribal be challenged later in proceedings to
U.S.C. 3501 et seq.); implications as specified by Executive enforce its requirements. See section
• Is certified as not having a Order 13175 (65 FR 67249, November 9, 307(b)(2).
significant economic impact on a 2000), nor will it impose substantial
substantial number of small entities List of Subjects in 40 CFR Part 52
direct costs on tribal governments or
under the Regulatory Flexibility Act (5 preempt tribal law. Environmental protection, Air
U.S.C. 601 et seq.); The Congressional Review Act, 5 pollution control, Carbon monoxide,
• Does not contain any unfunded U.S.C. 801 et seq., as added by the Small Incorporation by reference,
mandate or significantly or uniquely Business Regulatory Enforcement Intergovernmental relations, Lead,
affect small governments, as described Fairness Act of 1996, generally provides Nitrogen dioxide, Ozone, Particulate
in the Unfunded Mandates Reform Act that before a rule may take effect, the matter, Reporting and recordkeeping
of 1995 (Pub. L. 104–4); agency promulgating the rule must requirements, Sulfur oxides, Volatile
• Does not have Federalism submit a rule report, which includes a organic compounds.
implications as specified in Executive copy of the rule, to each House of the
Order 13132 (64 FR 43255, August 10, Dated: September 11, 2018.
Congress and to the Comptroller General
1999); Onis ‘‘Trey’’ Glenn, III,
of the United States. The EPA will
• Is not an economically significant Regional Administrator, Region 4.
submit a report containing this action
regulatory action based on health or
and other required information to the 40 CFR part 52 is amended as follows:
safety risks subject to Executive Order
U.S. Senate, the U.S. House of
13045 (62 FR 19885, April 23, 1997);
Representatives, and the Comptroller PART 52—APPROVAL AND
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR General of the United States prior to PROMULGATION OF
28355, May 22, 2001); publication of the rule in the Federal IMPLEMENTATION PLANS
• Is not subject to requirements of Register. A major rule cannot take effect
section 12(d) of the National until 60 days after it is published in the ■ 1. The authority citation for part 52
Technology Transfer and Advancement Federal Register. This action is not a continues to read as follows:
Act of 1995 (15 U.S.C. 272 note) because ‘‘major rule’’ as defined by 5 U.S.C. Authority: 42.U.S.C. 7401 et seq.
application of those requirements would 804(2).
be inconsistent with the CAA; and Under section 307(b)(1) of the CAA, Subpart II—North Carolina
• Does not provide the EPA with the petitions for judicial review of this
discretionary authority to address, as action must be filed in the United States ■ 2. In § 52.1770, the table in paragraph
appropriate, disproportionate human Court of Appeals for the appropriate (e) is amended by adding the entry
health or environmental effects, using circuit by November 26, 2018. Filing a ‘‘North Carolina Removal of 26 Counties
practicable and legally permissible petition for reconsideration by the from Inspection and Maintenance
methods, under Executive Order 12898 Administrator of this final rule does not Program and 110(l) Non-Interference
(59 FR 7629, February 16, 1994). affect the finality of this action for the Demonstration’’ at the end of the table
The SIP is not approved to apply on purposes of judicial review nor does it to read as follows:
any Indian reservation land or in any extend the time within which a petition
other area where the EPA or an Indian for judicial review may be filed, and § 52.1770 Identification of plan.
tribe has demonstrated that a tribe has shall not postpone the effectiveness of * * * * *
jurisdiction. In those areas of Indian such rule or action. This action may not (e) * * *

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective EPA approval
Provision Federal Register citation Explanation
date date

* * * * * * *
North Carolina Removal of 26 Counties from Inspection 11/17/2017 9/25/2018 [insert Federal Register ci-
and Maintenance Program and 110(l) Non-Inter- tation].
ference Demonstration.

[FR Doc. 2018–20748 Filed 9–24–18; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Notification of adequacy.
BILLING CODE 6560–50–P AGENCY
SUMMARY: In this document, the
40 CFR Part 52 Environmental Protection Agency
(‘‘EPA’’ or ‘‘Agency’’) is notifying the
[Docket No. EPA–R02–OAR–2018–0622; public that the Agency has found that
FRL–9984–35—Region 2] the 2017 motor vehicle emissions
budgets (‘‘budgets’’) for volatile organic
Adequacy Status of Motor Vehicle compounds (‘‘VOCs’’) and nitrogen
oxides (‘‘NOX’’) submitted by the New
daltland on DSKBBV9HB2PROD with RULES

Emissions Budgets for the New Jersey
Portion of the New York-Northern New Jersey Department of Environmental
Jersey-Long Island, NY–NJ–CT 2008 Protection for the 2008 national ambient
8-hour Ozone Nonattainment Area air quality standard (‘‘NAAQS’’) for
ozone are adequate for transportation
AGENCY: Environmental Protection conformity purposes for the New Jersey
Agency (EPA). portions of the New York-Northern New

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Document Created: 2018-09-25 00:22:22
Document Modified: 2018-09-25 00:22:22

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 September 25, 2018.
Contact		Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 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 Citation		83 FR 48383
CFR Associated		Environmental 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