59250 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations 

1EPA’s determination that the HickoryMorganton-Lenoir and Greensboro-Winston SalemHigh Point PM2.5 nonattainment areas have attained 

the 1997 PM2.5 NAAQS is not equivalent to the 

redesignation of the areas to attainment. The 

designation status of the areas remains 

nonattainment for the 1997 PM2.5 NAAQS until 

such time as EPA determines that the areas meet all 

of the CAA requirements for redesignation to 

attainment. See 75 FR 54 (January 4, 2010) and 75 

FR 230 (January 5, 2010), respectively. 

usually is used in the pentahydrate 

form. * * * 

* * * * * 

■ 19. Section 184.1446 is amended by 

revising the first sentence of paragraph 

(a) to read as follows: 

§ 184.1446 Manganese chloride. 

(a) Manganese chloride (MnCl2, CAS 

Reg. No. 7773–01–5) is a pink, 

translucent, crystalline product. * * * 

* * * * * 

■ 20. Section 184.1449 is amended by 

revising the first sentence of paragraph 

(a) to read as follows: 

§ 184.1449 Manganese citrate. 

(a) Manganese citrate (Mn3(C6H5O7)2,

CAS Reg. No. 10024–66–5) is a pale 

orange or pinkish white powder. * * * 

* * * * * 

■ 21. Section 184.1845 is amended by 

revising the fourth sentence of 

paragraph (a) to read as follows: 

§ 184.1845 Stannous chloride (anhydrous 

and dehydrated). 

(a) * * * Dihydrated stannous 

chloride (SnCl2·2H2O, CAS Reg. No. 

10025–69–1) is the chloride salt of 

metallic tin that contains two molecules 

of water. * * * 

* * * * * 

Dated: September 19, 2011. 

Susan Bernard, 

Acting Director, Office of Regulations, Policy 

and Social Sciences, Center for Food Safety 

and Applied Nutrition. 

[FR Doc. 2011–24455 Filed 9–23–11; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0386–201151; FRL– 

9471–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; North 

Carolina: Clean Smokestacks Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of North Carolina 

for the purpose of establishing systemwide emission limitations from the 

North Carolina Clean Smokestacks Act 

(CSA) into the North Carolina SIP. On 

August 21, 2009, the State of North 

Carolina, through the North Carolina 

Department of Environment and Natural 

Resources (NC DENR), Division of Air 

Quality (DAQ), submitted an attainment 

demonstration for the HickoryMorganton-Lenoir and GreensboroWinston Salem-High Point 1997 fine 

particulate matter (PM2.5) nonattainment 

area. That submittal included a request 

that the system-wide emission 

limitations from the North Carolina CSA 

be incorporated into the State’s federally 

approved SIP. EPA has determined that 

the CSA portion of this SIP revision is 

approvable pursuant to the Clean Air 

Act (CAA or Act). 

DATES: This rule will be effective 

October 26, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2011–0386. All documents in the docket 

are listed on the http:// 

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 http:// 

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: Joel 

Huey or Nacosta C. Ward, 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. Mr. Huey 

may be reached by phone at (404) 562– 

9104. Mr. Huey can also be reached via 

electronic mail at huey.joel@epa.gov. 

Ms. Ward may be reached by phone at 

(404) 562–9140 or via electronic mail at 

ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background of North Carolina’s 

CSA? 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

V. Statutory and Executive Order Reviews 

I. What is the background of North 

Carolina’s CSA? 

In June 2002, the General Assembly of 

North Carolina, Session 2001, passed 

Session Law 2002–4, also known as 

Senate Bill 1078. This legislation, 

entitled ‘‘An Act to Improve Air Quality 

in the State by Imposing Limits on the 

Emission of Certain Pollutants from 

Certain Facilities that Burn Coal to 

Generate Electricity and to Provide for 

Recovery by Electric Utilities of the 

Costs of Achieving Compliance with 

Those Limits,’’ requires significant 

actual emission reductions from coalfired power plants in North Carolina. 

The State expected that emission 

reductions from the CSA would have 

significant health benefits for the 

citizens of North Carolina and other 

states. 

North Carolina’s CSA includes a 

schedule of system-wide limitations (or 

caps) on emissions of nitrogen oxides 

(NOx) and sulfur dioxide (SO2) from 

coal-fired power plants in the State, the 

first of which became effective in 2007. 

The State expects the resulting emission 

reductions will serve as a significant 

step towards meeting the 1997 PM2.5

and 8-hour ozone national ambient air 

quality standards (NAAQS), among 

other NAAQS, improving visibility in 

the mountains and other scenic vistas, 

and reducing acid rain. EPA notes that 

all areas in the State that were 

designated nonattainment for the 1997 

PM2.5 and 8-hour ozone NAAQS are 

currently attaining the standards. 

Although the Hickory-Morganton-Lenoir 

and Greensboro-Winston Salem-High 

Point nonattainment areas for the 1997 

PM2.5 NAAQS have not yet been 

redesignated to attainment, EPA 

determined that these areas had 

attaining data based on the three-year 

period 2006–2008.1 Also, although the 

Charlotte 1997 8-hour ozone 

nonattainment area is still designated 

nonattainment, EPA has issued a 

proposed determination that the Area 

has attaining data based on the 2008– 

2010 design value period. See 76 FR 

20293 (April 12, 2011). North Carolina 

has identified the CSA as part of its plan 

to attain and maintain the NAAQS. 

Because North Carolina is relying on 


bjneal on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations 59251 

emissions reductions from the CSA to 

demonstrate attainment and 

maintenance for certain areas in the 

State, North Carolina is now formally 

seeking that the CSA be included in the 

SIP so that the CSA’s requirements may 

be considered ‘‘permanent and 

enforceable.’’ 

III. This Action 

EPA is approving a revision to the 

North Carolina SIP to incorporate the 

system-wide emission caps from the 

State’s CSA. The specific provisions 

being incorporated into the SIP are 

paragraphs (a) through (e) of Section 1 

of Session Law 2002–4, Senate Bill 1078 

(hereafter ‘‘Senate Bill 1078’’) enacted 

June 20, 2002. This approval does not 

include incorporation into the North 

Carolina SIP of paragraphs (f) through (j) 

of Section 1 of Senate Bill 1078 nor any 

of Section 2 of Senate Bill 1078. Please 

refer to the docket for this rulemaking 

for the complete text of these 

provisions. 

On June 22, 2011, EPA published a 

proposed rulemaking to incorporate the 

CSA requirements into federallyapproved North Carolina SIP. See 76 FR 

36468. The comment period for this 

proposed rulemaking closed on July 22, 

2011. EPA did not receive any 

comments, adverse or otherwise, during 

the public comment period. 

IV. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving the system-wide 

emission caps from the North Carolina 

State legislation entitled, ‘‘An Act to 

Improve Air Quality in the State by 

Imposing Limits on the Emission of 

Certain Pollutants from Certain 

Facilities that Burn Coal to Generate 

Electricity and to Provide for Recovery 

by Electric Utilities of the Costs of 

Achieving Compliance with Those 

Limits.’’ EPA has evaluated the State’s 

submittal and has determined that it 

meets the applicable requirements of the 

CAA and EPA regulations. In reducing 

system-wide NOx and SO2 emissions 

allowed by coal-fired power plants in 

the State, the CSA is strengthening 

North Carolina’s SIP and will not 

interfere with CAA requirements. The 

approval of the CSA ensures that the 

State may take credit for the associated 

NOx and SO2 emission reductions when 

pertinent to SIP submittals for other 

CAA requirements. 

V. 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 25, 2011. 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, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 13, 2011. 

A. Stanley Meiburg 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 52.1781 is amended by 

adding paragraph (h) to read as follows: 

§ 52.1781 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(h) North Carolina submitted a control 

strategy plan for particulate matter 

entitled, ‘‘An Act to Improve Air Quality 

in the State by Imposing Limits on the 

Emission of Certain Pollutants from 

Certain Facilities that Burn Coal to 

Generate Electricity and to Provide for 

Recovery by Electric Utilities of the 

Costs of Achieving Compliance with 

Those Limits.’’ The State expects the 

resulting emission reductions of 

nitrogen oxides and sulfur dioxide from 

this control plan will serve as a 


bjneal on DSK5VPTVN1PROD with RULES
59252 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations 

significant step towards meeting the 

1997 PM2.5 and 8-hour ozone national 

ambient air quality standards (NAAQS), 

among other NAAQS, improving 

visibility in the mountains and other 

scenic vistas, and reducing acid rain. 

The specific approved provisions, 

submitted on August 21, 2009, are 

paragraphs (a) through (e) of Section 1 

of Session Law 2002–4, Senate Bill 1078 

enacted and state effective on June 20, 

2002. This approval does not include 

paragraphs (f) through (j) of Section 1 of 

Senate Bill 1078 nor any of Section 2 of 

Senate Bill 1078. 

[FR Doc. 2011–24513 Filed 9–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0631; FRL–9470–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Transportation Conformity 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Maryland State Implementation Plan 

(SIP). The revisions establish 

transportation conformity regulations 

for the State of Maryland. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This rule is effective on 

November 25, 2011 without further 

notice, unless EPA receives adverse 

written comment by October 26, 2011. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0631 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2008–0631, 

Cristina Fernandez, Associate Director, 

Office of Air Planning Programs, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0631. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Martin Kotsch, (215) 814–3335, or by email at kotsch.martin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. What is transportation conformity? 

Transportation conformity is required 

under section 176(c) of the CAA to 

ensure that Federally supported 

highway, transit projects, and other 

activities are consistent with (conform 

to) the purpose of the SIP. Conformity 

currently applies to areas that are 

designated nonattainment, and those 

redesignated to attainment after 1990 

(maintenance areas), with plans 

developed under section 175A of the 

CAA for the following transportation 

related criteria pollutants: ozone, 

particulate matter (PM2.5 and PM10), 

carbon monoxide (CO), and nitrogen 

dioxide (NO2). Conformity, for purposes 

of the SIP, means that transportation 

activities will not cause new air quality 

violations, worsen existing violations, or 

delay timely attainment of the relevant 

national ambient air quality standards 

(NAAQS). The transportation 

conformity regulation is found in 40 

CFR part 93 (‘‘Federal conformity rule’’) 

and provisions related to conformity 

SIPs are found in 40 CFR 51.390. 

II. What is the background for this 

action? 

On August 10, 2005, the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act—A Legacy 

for Users (SAFETEA–LU) was signed 

into law. SAFETEA–LU revised certain 

provisions of section 176(c) of the CAA, 

related to transportation conformity. 

Prior to SAFETEA–LU, states were 

required to address all of the Federal 

conformity rule’s provisions in their 

conformity SIPs. After SAFETEA–LU, 

state’s SIPs were required to contain all 

or portions of only the following three 

sections of the Federal conformity rule, 

modified as appropriate to each state’s 

circumstances: 40 CFR 93.105 

(consultation procedures); 40 CFR 

93.122(a)(4)(ii) (written commitments to 

implement certain kinds of control 

measures); and 40 CFR 93.125(c) 

(written commitments to implement 

certain kinds of mitigation measures). 

States are no longer required to submit 

conformity SIP revisions that address 

the other sections of the Federal 

conformity rule. 


bjneal on DSK5VPTVN1PROD with RULES