58184 Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations 

(d) The mechanism must provide for 

payment of reasonable litigation 

expenses of appointed counsel. Such 

expenses may include, but are not 

limited to, payment for investigators, 

mitigation specialists, mental health and 

forensic science experts, and support 

personnel. Provision for reasonable 

litigation expenses may incorporate 

presumptive limits on payment only if 

means are authorized for payment of 

necessary expenses above such limits. 

§ 26.23 Certification process. 

(a) An appropriate State official may 

request in writing that the Attorney 

General determine whether the State 

meets the requirements for certification 

under § 26.22 of this subpart. 

(b) Upon receipt of a State’s request 

for certification, the Attorney General 

will make the request publicly available 

on the Internet (including any 

supporting materials included in the 

request) and publish a notice in the 

Federal Register— 

(1) Indicating that the State has 

requested certification; 

(2) Identifying the Internet address at 

which the public may view the State’s 

request for certification; and 

(3) Soliciting public comment on the 

request. 

(c) The State’s request will be 

reviewed by the Attorney General. The 

review will include consideration of 

timely public comments received in 

response to the Federal Register notice 

under paragraph (b) of this section, or 

any subsequent notice the Attorney 

General may publish providing a further 

opportunity for comment. The 

certification will be published in the 

Federal Register if certification is 

granted. The certification will include a 

determination of the date the capital 

counsel mechanism qualifying the State 

for certification was established. 

(d) A certification by the Attorney 

General reflects the Attorney General’s 

determination that the State capital 

counsel mechanism reviewed under 

paragraph (c) of this section satisfies 

chapter 154’s requirements. A State may 

request a new certification by the 

Attorney General to ensure the 

continued applicability of chapter 154 

to cases in which State postconviction 

proceedings occur after a change or 

alleged change in the State’s certified 

capital counsel mechanism. Changes in 

a State’s capital counsel mechanism do 

not affect the applicability of chapter 

154 in any case in which a mechanism 

certified by the Attorney General existed 

throughout State postconviction 

proceedings in the case. 

(e) A certification remains effective 

for a period of five years after the 

completion of the certification process 

by the Attorney General and any related 

judicial review. If a State requests recertification at or before the end of that 

five-year period, the certification 

remains effective for an additional 

period extending until the completion 

of the re-certification process by the 

Attorney General and any related 

judicial review. 

Dated: September 11, 2013. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2013–22766 Filed 9–20–13; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0140; FRL–9901–10- 

Region 4] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

Removal of Stage II Gasoline Vapor 

Recovery Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve changes to the North Carolina 

State Implementation Plan (SIP) 

submitted by the State of North Carolina 

Department of Environment and Natural 

Resources (NC DENR), Division of Air 

Quality on September 18, 2009, for the 

purpose of removing Stage II vapor 

control requirement contingency 

measures for new and upgraded 

gasoline dispensing facilities in the 

State. The September 18, 2009, SIP 

revision also addresses several nonStage II related rule changes. However, 

action on the other portions for the 

September 18, 2009, SIP revision is 

being addressed in a separate 

rulemaking action. EPA has determined 

that North Carolina’s September 18, 

2009, SIP revision regarding the Stage II 

vapor control requirements is 

approvable because it is consistent with 

the Clean Air Act (CAA or Act). 

DATES: Effective Date: This rule will be 

effective October 23, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–0140. 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 Regulatory Development Section, 

Air Planning 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 to 4:30 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding this action, 

contact Ms. Kelly Sheckler, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Sheckler’s telephone number is (404) 

562–9222; email address: 

sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

EPA, under the CAA Amendments of 

1990, designated (pursuant to section 

107(d)(1)) and classified certain 

counties in North Carolina, either in 

their entirety or portions thereof, as 

‘‘moderate’’ ozone nonattainment areas 

for the 1-hour ozone national ambient 

air quality standards (NAAQS). 

Specifically, the Charlotte-Gastonia 

Area (comprised of Gaston and 

Mecklenburg Counties); the GreensboroWinston-Salem-High Point Area 

(comprised of Davidson, Davis (partial), 

Forsyth and Guilford Counties); and the 

Raleigh-Durham Area (comprised of 

Durham, Granville (partial), and Wake 

Counties) were all designated as 

‘‘moderate’’ ozone nonattainment areas 

for the 1-hour ozone NAAQS. The 

designations were based on the Areas’ 1- 

hour ozone design values for the 1987– 

1989 three-year period. The ‘‘moderate’’ 

classification triggered various statutory 

requirements for these Areas including 

the Stage II vapor recovery requirements 

pursuant to section 182(b)(3) of the 

CAA. 

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Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations 58185 

1North Carolina’s SIP revision also make changes 

to Rule 15A NCAC 02Q.0102—Activities Exempted 

from permit requirements regarding New Source 

Performance Standards and Rule 15A NCAC 

02D.1110—National Emission Standards for 

Hazardous Air Pollutants. EPA is not taking action 

in today’s action to approve these changes and 

these rules are not currently part of North Carolina’s 

federally-approved SIP. 

Prior to the deadline for 

implementing the requirements of 

section 182(b)(3) of the CAA, the 

Charlotte-Gastonia, GreensboroWinston-Salem-High Point and RaleighDurham Areas in North Carolina 

attained the 1-hour ozone NAAQS. 

North Carolina had implemented all 

measures then required for moderate 

ozone nonattainment areas under the 

CAA, and with three years of data 

(1990–1992), demonstrated compliance 

with the 1-hour ozone NAAQS. 

Subsequently, NC DENR submitted to 

EPA 1-hour ozone maintenance plans 

and requests for redesignation for the 

three moderate nonattainment areas. As 

part of the associated 1-hour ozone 

maintenance plans for these areas, 

North Carolina provided contingency 

measures that included regulation 15A 

North Carolina Administrative Code 

(NCAC) 02D.0953 (hereafter referred to 

as rule .0953), entitled Vapor Return 

Piping for Stage II Vapor Recovery, for 

all new or improved gasoline tanks, and 

15A NCAC 02D.0954 (hereafter referred 

to as rule .0954), entitled Stage II Vapor 

Recovery. These contingency measures 

were never activated as the Areas all 

continued to attain the 1-hour ozone 

NAAQS. EPA approved the 

redesignation requests and the 

maintenance plans for the CharlotteGastonia Area on July 5, 1995 (60 FR 

34859), the Greensboro-Winston-SalemHigh Point Area on September 9, 1993 

(58 FR 47391), and the Raleigh-Durham 

Area on April 18, 1994 (59 FR 18300). 

On September 18, 2009, NC DENR 

submitted a SIP revision to remove 

Stage II vapor control contingency 

measure requirements from the 1-hour 

maintenance plans for the CharlotteGastonia, Greensboro-Winston-SalemHigh Point, and Raleigh-Durham Areas. 

In addition, the removal of rules .0953 

and .0954 necessitated amendments of 

rules 15A NCAC 02D.0902(d)— 

Applicability (hereafter referred to as 

rule .0902(d)), 15A NCAC 02D.0909— 

Compliance schedules for Sources in 

new nonattainment Areas (hereafter 

referred to as rule .0909), and 15A 

NCAC 02D.0952—Petitions for 

Alterative Controls for RACT (hereafter 

referred to as rule .0952) in North 

Carolina’s SIP.1 Accordingly, NC 

DENR’s September 18, 2009, SIP 

revision also changes rules .0902(d), 

.0909, and .0952 to remove 

subparagraphs referencing the repealed 

Stage II rules .0953 and .0954. 

On June 7, 2013, EPA published a 

proposed rulemaking to approve North 

Carolina’s September 18, 2009, SIP 

revision related to Stage II. Detailed 

background for today’s final rulemaking 

can be found in EPA’s June 7, 2013, 

proposed rulemaking. See 78 FR 34303. 

The comment period for this proposed 

rulemaking closed on July 8, 2013. EPA 

did not receive any comments, adverse 

or otherwise, during the public 

comment period. 

II. Final Action 

EPA is taking final action to approve 

the SIP revision submitted by North 

Carolina for the purpose of removing 

Stage II vapor control contingency 

measure requirements for new and 

upgraded gasoline dispensing facilities 

in the Charlotte-Gastonia, GreensboroWinston-Salem-High Point, and RaleighDurham Areas. Specifically, this action 

removes Stage II rules .0953 and .0954 

from the North Carolina SIP, and 

amends rules .0902(d), .0909, and .0952 

to reflect the removal of rules .0953 and 

.0954 in the State’s implementation 

plan. EPA has determined that North 

Carolina’s September 18, 2009, SIP 

revision related to the State’s Stage II 

rules is consistent with the CAA and 

EPA’s regulations and guidance. 

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. 

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); 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not 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 22, 2013. 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 

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58186 Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations 

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, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 29, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42.U.S.C. 7401 et seq. 

Subpart II—North Carolina 

■ 2. Section 52.1770(c), under Table 1, 

is amended by revising the entries for 

‘‘.0902,’’ ‘‘.0909,’’ ‘‘.0952,’’ ‘‘.0953,’’ and 

‘‘.0954’’ to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS

State 

citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

.0900 Volatile Organic Compounds 

*******

Sect .0902 ..... Applicability ..................................... 5/1/2013 9/23/2013 [Insert 

citation of publication].

This approval does not include the start-up shutdown 

language as described in Section II. A. a. of EPA’s 

3/13/2013 proposed rule (78 FR 15895) 

*******

Sect .0909 ..... Compliance Schedules ................... 5/1/2013 9/23/2013 [Insert 

citation of publication].

* * * * * * * 

Sect .0952 ..... Petitions for Alternative Controls for 

RACT.

9/18/2009 9/23/2013 [Insert 

citation of publication].

Sect .0953 ..... Vapor Return Piping for Stage II 

Vapor Recovery.

9/18/2009 9/23/2013 [Insert 

citation of publication].

This rule has been repealed as state effective 9/18/

2009. 

Sect .0954 ..... Stage II Vapor Recovery ................ 9/18/2009 9/23/2013 [Insert 

citation of publication].

This rule has been repealed as state effective 9/18/

2009. 

*******

* * * * * 

[FR Doc. 2013–22965 Filed 9–20–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0810, FRL–9901–04– 

Region 8 

Approval and Promulgation of State 

Implementation Plan Revisions; 

Infrastructure Requirements for the 

1997 and 2006 PM2.5 National Ambient 

Air Quality Standards; Prevention of 

Significant Deterioration Requirements 

for PM2.5 Increments and Major and 

Minor Source Baseline Dates; 

Colorado 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) submissions 

from the State of Colorado to 

demonstrate that the SIP meets the 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for PM2.5 on July 18, 1997 

and on October 17, 2006. The CAA 

requires that each state, after a new or 

revised NAAQS is promulgated, review 

their SIPs to ensure that they meet 

infrastructure requirements. The State of 

Colorado provided infrastructure SIP 

submissions on April 4, 2008 and June 

4, 2010 for the 1997 and 2006 PM2.5

NAAQS, respectively. In addition, EPA 

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