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[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Rules and Regulations]
[Pages 70968-70970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24778]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0362; FRL-9954-09-Region 4]

Air Plan Approval; NC Infrastructure Requirements for the 2010 1-
hour NO2 NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the State Implementation Plan (SIP) submission, 
submitted by the State of North Carolina, through the North Carolina 
Department of Environmental Quality, Division of Air Quality (NCDAQ) on 
August 23, 2013, to demonstrate that the State meets certain 
infrastructure requirements of the Clean Air Act (CAA or Act) for the 
2010 1-hour nitrogen dioxide (NO2) national ambient air 
quality standards (NAAQS). The CAA requires that each state adopt and 
submit a SIP for the implementation, maintenance and enforcement of 
each NAAQS promulgated by EPA, which is commonly referred to as an 
``infrastructure'' SIP. NCDAQ certified that the North Carolina SIP 
contains provisions that ensure the 2010 1-hour NO2 NAAQS is 
implemented, enforced, and maintained in North Carolina. EPA has 
determined that North Carolina's infrastructure SIP submission, 
provided to EPA on August 23, 2013, satisfies certain required 
infrastructure elements for the 2010 1-hour NO2 NAAQS.

DATES: This rule is effective November 14, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0362. 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.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, 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) 562-8726. Mr. Richard Wong can also be 
reached via electronic mail at wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On January 22, 2010 (published at 75 FR 6474, February 9, 2010), 
EPA promulgated a new 1-hour primary NAAQS for NO2 at a 
level of 100 parts per billion (ppb), based on a 3-year average of the 
98th percentile of the yearly distribution of 1-hour daily maximum 
concentrations. Pursuant to section 110(a)(1) of the CAA, states are 
required to submit SIPs meeting the requirements of section 110(a)(2) 
within three years after promulgation of a new or revised NAAQS or 
within such shorter period as EPA may prescribe. Section 110(a)(2) 
requires states to address basic SIP elements such as requirements for 
monitoring, basic program requirements and legal authority that are 
designed to assure attainment and maintenance of the NAAQS. States were 
required to submit such SIPs for the 2010 NO2 NAAQS to EPA 
no later than January 22, 2013.
    In a proposed rulemaking published on July 20, 2016 (81 FR 47115), 
EPA proposed to approve North Carolina's 2010 1-hour NO2 
NAAQS infrastructure SIP submission submitted on August 23, 2013, with 
the exception of the elements related to state boards of section 
110(a)(2)(E)(ii), the PSD permitting requirements for major sources of 
sections 110(a)(2)(C), and (J), and the interstate requirements of 
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4). On November 13, 2015, 
EPA approved North Carolina's August 23, 2013, infrastructure SIP 
submission regarding the state boards requirements of sections 
110(a)(2)(E)(ii). See 80 FR 67645. On May 10, 2016 (81 FR 28797), EPA 
proposed to approve in part and disapprove in part, North Carolina's 
December 4, 2015, infrastructure SIP submission regarding the PSD 
permitting requirements for major sources of sections 110(a)(2)(C), 
prong 3 of D(i) and (J) for the 2012 Annual PM2.5 NAAQS. 
Today EPA is not taking final action pertaining to sections 
110(a)(2)(C), prong 3 of D(i) and (J) for North Carolina for the 2010 
1-hour NO2 NAAQS but instead will consider final action of 
these elements in a separate rulemaking. Additionally, on June 3, 2016, 
EPA finalized a rule related to the prong 4 element of North Carolina's 
August 23, 2013, SIP submission for the 2010 1-hour NO2 
NAAQS. See 81 FR 35634. With respect to the interstate transport 
requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), North 
Carolina provided a separate submission and EPA is considering action 
related to these provisions through a separate rulemaking. The details 
of North Carolina's submission and the rationale for EPA's actions for 
this final rulemaking are explained in the July 20, 2016, proposed 
rulemaking. Comments on the proposed rulemaking were due on or before 
August 19, 2016. EPA received no adverse comments on the proposed 
action.

II. Final Action

    With the exception of the elements related to state boards of 
section 110(a)(2)(E)(ii), the PSD permitting requirements for major 
sources of sections 110(a)(2)(C), and (J), and the interstate 
requirements of 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), EPA 
is taking final action to approve North Carolina's infrastructure SIP 
submission for the 2010 1-hour NO2 NAAQS submitted on August 
23, 2013. EPA is taking final action to approve North Carolina's 
infrastructure SIP submission for the 2010 1-hour NO2 NAAQS 
because the submission is consistent with section 110 of the CAA.

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, 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:

[[Page 70969]]

     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);
     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).
    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 December 13, 2016. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 3, 2016.
Heather McTeer Toney
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(e), is amended by adding an entry for ``110(a)(1) 
and (2) Infrastructure Requirements for the 2010 1-hour NO2 
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
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                                    State effective      EPA approval     Federal Register
            Provision                     date               date             citation           Explanation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure  August 23, 2013....        10/14/16   [Insert citation of  With the exception
 Requirements for the 2010 1-                                            publication].        of sections:
 hour NO2 NAAQS.                                                                              110(a)(2)(E)(ii)
                                                                                              concerning state
                                                                                              boards;
                                                                                              110(a)(2)(C) and
                                                                                              (J) concerning PSD
                                                                                              permitting
                                                                                              requirements; and
                                                                                              110(a)(2)(D)(i)(I)
                                                                                              and (II) (prongs 1
                                                                                              through 4)
                                                                                              concerning
                                                                                              interstate
                                                                                              transport
                                                                                              requirements.
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[FR Doc. 2016-24778 Filed 10-13-16; 8:45 am]
 BILLING CODE 6560-50-P
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