Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22107 

918–1653; email address: 

mcdonnell.ida@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

Table of Contents 

I. Background 

II. What is a conditional approval? 

III. What are the terms of the conditional 

approval? 

IV. Were the terms of the conditional 

approval met? 

V. Final Action 

I. Background 

On October 24, 2013, EPA 

conditionally approved, pending 

submission by Rhode Island of a 

technical demonstration that Rhode 

Island’s January 18, 2011 SIP revisions 

as they relate to major new and 

modified stationary sources of regulated 

NSR pollutants other than GHGs, are as 

least as stringent as EPA’s NSR reform. 

See 78 FR 63383. On February 27, 2015, 

the State Rhode Island submitted a 

technical demonstration, pursuant to 40 

CFR 51.166(a)(7), that Rhode Island’s 

PSD and nonattainment new source 

review permitting programs are at least 

as stringent in all respects as EPA’s NSR 

Reform provisions for stationary sources 

of regulated NSR pollutants other than 

GHGs. 

II. What is a conditional approval? 

Under section 110(k)(4) of the Clean 

Air Act, the EPA may conditionally 

approve a plan based on a commitment 

from the State to adopt specific 

enforceable measures by a date certain 

no later than one year from the date of 

final conditional approval. If the EPA 

subsequently determines that the State 

has met its commitment, EPA publishes 

a document in the Federal Register 

notifying the public that EPA is 

converting the conditional approval to a 

full approval. However, if the State fails 

to timely meet its commitment, then the 

conditional approval automatically 

converts to a disapproval by operation 

of law without further action required 

by EPA. If that were to occur, EPA 

would then notify the state by letter. At 

that time, the conditionally approved 

SIP revisions would not be part of the 

state’s approved SIP. EPA subsequently 

would publish a notice in the Federal 

Register notifying the public that the 

conditional approval automatically 

converted to a disapproval. 

III. What are the terms of the 

conditional approval? 

The EPA conditionally approved 

Rhode Island’s January 18, 2011 SIP 

revision as it relates to major new and 

modified stationary sources of regulated 

NSR pollutants other than GHGs on 

October 24, 2013. See 78 FR 63383. Our 

conditional approval was based on a 

commitment letter submitted by RI DEM 

on September 18, 2013. Specifically, RI 

DEM committed to submit a revised 

technical demonstration (described 

above) no later than one year from the 

date on which EPA finalized the 

conditional approval. 

IV. Were the terms of the conditional 

approval met? 

RI DEM failed to submit the technical 

demonstration in a timely manner, 

therefore our conditional approval, by 

operation of law, became a disapproval 

on December 23, 2014. However, on 

February 27, 2015, RI DEM submitted 

the technical demonstration pursuant to 

40 CFR 51.166(a)(7), showing that 

Rhode Island’s PSD and nonattainment 

new source review permitting programs 

are at least as stringent in all respects as 

EPA’s NSR Reform provisions for 

stationary sources of regulated NSR 

pollutants other than GHGs. Rhode 

Island’s technical demonstration is 

included in the docket and 

administrative record for this action. 

EPA therefore has determined that RI 

DEM met the conditions of the 

conditional approval. 

V. Final Action 

EPA is converting the conditional 

approval to a full approval with this 

action. Rhode Island’s February 27, 

2015 submission cured, as a legal 

matter, the disapproval that 

automatically occurred on December 23, 

2014. Thus, the provisions of Rhode 

Island’s SIP that EPA conditionally 

approved on October 24, 2013 are now 

fully approved into the State’s SIP. 

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: March 26, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2015–09017 Filed 4–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0209; FRL–9926–47– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

Charlotte; Base Year Emissions 

Inventory and Emissions Statement for 

the 2008 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the state 

implementation plan (SIP) revision 

submitted by the State of North 

Carolina, through the North Carolina 

Department of Environment and Natural 

Resources (NC DENR) on July 7, 2014, 

to address the base year emissions 

inventory and emissions statement 

requirements for the State’s portion of 

the Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina 2008 8-hour 

ozone national ambient air quality 

standards (NAAQS) nonattainment area 

(hereafter referred to as the ‘‘bi-state 

Charlotte Area’’ or ‘‘Area’’). Annual 

emissions reporting (i.e., emission 

statement) and a base year emissions 

inventory are required for all ozone 

nonattainment areas. The Area is 

comprised of the entire county of 

Mecklenburg and portions of Cabarrus, 

Gaston, Iredell, Lincoln, Rowan and 

Union Counties in North Carolina; and 

a portion of York County in South 

Carolina. EPA will consider and take 

action on the South Carolina submission 

for the emissions inventory and 

emissions statement for its portion of 

this Area in a separate action. 

DATES: This direct final rule is effective 

June 22, 2015 without further notice, 

unless EPA receives adverse comment 

by May 21, 2015. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0209, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015– 

0209,’’ Air Regulatory Management 

Section, (formerly the Regulatory 

Development Section), Air Planning and 


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22108 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

1The SIP Requirements Rule addresses a range of 

nonattainment area SIP requirements for the 2008 

ozone NAAQS, including requirements pertaining 

to attainment demonstrations, reasonable further 

progress (RFP), reasonably available control 

technology, reasonably available control measures, 

major new source review, emission inventories, and 

the timing of SIP submissions and of compliance 

with emission control measures in the SIP. The rule 

also revokes the 1997 ozone NAAQS and 

establishes anti-backsliding requirements. 

2A state may waive the emission statement 

requirement for any class or category of stationary 

sources which emit less than 25 tons per year of 

VOCs or NOX if the state meets the requirements 

of section 182(a)(3)(B)(ii). 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2015– 

0209. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

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 email comment directly 

to EPA without going through 

www.regulations.gov, your email 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

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 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: Jane 

Spann, 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. Ms. 

Spann can be reached at (404) 562–9029 

and via electronic mail at spann.jane@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 12, 2008, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). Under EPA’s 

regulations at 40 CFR part 50, the 2008 

8-hour ozone NAAQS is attained when 

the 3-year average of the annual fourthhighest daily maximum 8-hour average 

ambient air quality ozone 

concentrations is less than or equal to 

0.075 ppm. 40 CFR 50.15. Ambient air 

quality monitoring data for the 3-year 

period must meet a data completeness 

requirement. The ambient air quality 

monitoring data completeness 

requirement is met when the average 

percent of days with valid ambient 

monitoring data is greater than 90 

percent, and no single year has less than 

75 percent data completeness as 

determined in Appendix I of part 50. 

Upon promulgation of a new or 

revised NAAQS, the Clean Air Act 

(CAA or Act) requires EPA to designate 

as nonattainment any area that is 

violating the NAAQS based on the three 

most recent years of ambient air quality 

data at the conclusion of the designation 

process. The bi-state Charlotte Area was 

designated nonattainment for the 2008 

8-hour ozone NAAQS on April 30, 2012 

(effective July 20, 2012) using 2009– 

2011 ambient air quality data. See 77 FR 

30088 (May 21, 2012). At the time of 

designation, the bi-state Charlotte Area 

was classified as a Marginal 

nonattainment area for the 2008 8-hour 

ozone NAAQS. On February 13, 2015, 

EPA finalized a rule entitled 

‘‘Implementation of the 2008 National 

Ambient Air Quality Standards for 

Ozone: State Implementation Plan 

Requirements’’ (SIP Requirements Rule) 

that establishes the requirements that 

state, tribal, and local air quality 

management agencies must meet as they 

develop implementation plans for areas 

where air quality exceeds the 2008 

ozone NAAQS.1 See 80 FR 12264 (March 

6, 2015). This rule establishes ozone 

nonattainment area attainment dates 

based on Table 1 of section 181(a) of the 

CAA, including an attainment date three 

years after the July 20, 2012, effective 

date for areas classified as marginal 

areas for the 2008 8-hour NAAQS. 

Therefore, the attainment date for the bistate Charlotte Area is July 20, 2015. 

Based on the nonattainment 

designation, North Carolina was 

required to develop a nonattainment SIP 

revision addressing certain CAA 

requirements. Specifically, pursuant to 

CAA section 182(a)(3)(B) and section 

182(a)(1), North Carolina was required 

to submit a SIP revision addressing 

emissions statements and emissions 

inventory requirements, respectively. 

Ground level ozone is not emitted 

directly into the air, but is created by 

chemical reactions between oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOC) in the presence of 

sunlight. Emissions from industrial 

facilities and electric utilities, motor 

vehicle exhaust, gasoline vapors, and 

chemical solvents are some of the major 

sources of NOX and VOC. Section 

182(a)(3)(B) of the CAA requires each 

state with ozone nonattainment areas to 

submit a SIP revision requiring annual 

emissions statements to be submitted to 

the state by the owner or operator of 

each NOX or VOC stationary source 2

located within a nonattainment area 

showing the actual emissions of NOX

and VOC from that source. The first 


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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22109 

3 40 CFR 51.1110(b) states that ‘‘at the time of 

designation for the 2008 ozone NAAQS the baseline 

emissions inventory shall be the emissions 

inventory for the most recent calendar year for 

which a complete triennial inventory is required to 

be submitted to EPA under the provisions of 

subpart A of this part. States may use an alternative 

baseline emissions inventory provided the state 

demonstrates why it is appropriate to use the 

alternative baseline year, and provided that the year 

selected is between the years 2008 to 2012.’’ 

4 ‘‘Ozone season day emissions’’ is defined as ‘‘an 

average day’s emissions for a typical ozone season 

work weekday. The state shall select, subject to EPA 

approval, the particular month(s) in the ozone 

season and the day(s) in the work week to be 

represented, considering the conditions assumed in 

the development of RFP plans and/or emissions 

budgets for transportation conformity.’’ See 40 CFR 

51.1100(cc). 

5 Data downloaded from the EPA EIS from the 

2011 NEI was subjected to quality assurance 

procedures described under quality assurance 

details under 2011 NEI Version 1 Documentation 

located at http://www.epa.gov/ttn/chief/net/

2011inventory.html#inventorydoc. The quality 

assurance and quality control procedures and 

measures associated with this data are outlined in 

the State’s EPA-approved Emission Inventory 

Quality Assurance Project Plan. 

statement is due three years from the 

area’s nonattainment designation, and 

subsequent statements are due at least 

annually thereafter. Section 182(a)(1) of 

the CAA requires states with areas 

designated nonattainment for the ozone 

NAAQS to submit a SIP revision 

providing a comprehensive, accurate, 

and current inventory of actual 

emissions from all sources of the 

relevant pollutant or pollutants in such 

area. 

On July 7, 2014, North Carolina 

submitted a SIP revision containing a 

base year emissions inventory and 

addressing emissions statement 

requirements related to its portion of the 

bi-state Charlotte Area. EPA is now 

taking action to approve this SIP 

revision as meeting the requirements of 

sections 110, 182(a)(1), and 182(a)(3)(B) 

of the CAA. More information on EPA’s 

analysis of North Carolina’s SIP revision 

is provided below. 

II. Analysis of State’s Submittal 

(a) Base Year Emission Inventory 

As discussed above, section 182(a)(1) 

of the CAA requires states to submit a 

comprehensive, accurate, and current 

inventory of actual emissions from all 

sources of the relevant pollutant or 

pollutants in each ozone non-attainment 

area. The section 182(a)(1) base year 

inventory is defined in the SIP 

Requirements Rule as ‘‘a 

comprehensive, accurate, current 

inventory of actual emissions from 

sources of VOC and NOX emitted within 

the boundaries of the nonattainment 

area as required by CAA section 

182(a)(1).’’ See 40 CFR 51.1100(bb). The 

inventory year must be selected 

consistent with the baseline year for the 

RFP plan as required by 40 CFR 

51.1110(b),3 and the inventory must 

include actual ozone season day 

emissions as defined in 40 CFR 

51.1100(cc) 4 and contain data elements 

consistent with the detail required by 40 

CFR part 51, subpart A. See 40 CFR 

51.1115(a), (c), (e). In addition, the point 

source emissions included in the 

inventory must be reported according to 

the point source emissions thresholds of 

the Air Emissions Reporting 

Requirements (AERR) in 40 CFR part 51, 

subpart A. See 40 CFR 51.1115(d). 

North Carolina selected 2011 as the 

base year for the section 182(a)(1) 

emissions inventory which is the year 

corresponding with the first triennial 

inventory under 40 CFR part 51, subpart 

A. This base year is one of the three 

years of ambient data used to designate 

the Area as a nonattainment area and 

therefore represents emissions 

associated with nonattainment 

conditions. The emissions inventory is 

based on data developed and submitted 

by NC DENR and Mecklenburg County 

Air Quality to EPA’s 2011 National 

Emissions Inventory (NEI), and it 

contains data elements consistent with 

the detail required by 40 CFR part 51, 

subpart A.5

North Carolina’s emissions inventory 

for its portion of the Area provides 2011 

typical average summer day emissions 

data for NOX and VOCs for the 

following general source categories: 

stationary point, area, non-road mobile, 

and on-road mobile. A detailed 

discussion of the inventory 

development is located in Appendix B 

to North Carolina’s submittal which is 

provided in the docket for this action. 

The table below provides a summary of 

the emissions inventory. 

TABLE 1—2011 POINT AND AREA SOURCES EMISSIONS FOR THE NORTH CAROLINA PORTION OF THE CHARLOTTE AREA

[Tons per summer day] 

County 

Point Area Non-road mobile On-road mobile 

NOX VOC NOX VOC NOX VOC NOX VOC 

Cabarrus* ......................... 1.10 0.89 0.44 4.53 2.43 1.62 11.85 6.32 

Gaston* ............................ 26.44 1.74 0.55 4.94 2.30 1.83 13.39 6.93 

Iredell* .............................. 4.63 0.97 0.22 1.95 0.96 0.84 5.45 2.62 

Lincoln* ............................ 0.43 1.23 0.12 1.72 0.88 0.83 4.33 2.49 

Mecklenburg ..................... 7.76 1.53 4.48 23.47 16.31 14.76 57.01 26.06 

Rowan* ............................. 6.21 3.81 0.40 3.95 1.94 1.96 10.78 5.74 

Union* .............................. 0.60 1.20 0.47 6.13 3.93 2.56 9.32 5.19 

* Indicates emissions for the nonattainment portion of the county. 

The emissions reported for Cabarrus, 

Gaston, Iredell, Lincoln, Rowan, and 

Union Counties reflect the emissions for 

only the nonattainment portion of the 

counties. The inventory contains point 

source emissions data for facilities 

located within the North Carolina 

portion of the Area based on Geographic 

Information Systems mapping. For the 

remaining emissions categories, 

emissions for the North Carolina portion 

of the Area were determined based on 

the population of the nonattainment 

townships within each partial county. 

For Mecklenburg County, the emissions 

for the entire county are provided. More 

detail on the inventory emissions for 

individual sources categories is 

provided below and in Appendix B to 

North Carolina’s SIP submittal. 

Point sources are large, stationary, 

identifiable sources of emissions that 

release pollutants into the atmosphere. 

The point source emissions inventory 

for North Carolina’s portion of the bistate Charlotte Area was developed 

using facility-specific emissions data. 

The point source emissions inventory 

for North Carolina’s portion of the bistate Charlotte Area data is located in 

the docket for today’s action. The point 

source emissions data meets the point 


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22110 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

6This guidance includes: Procedures for the 

Preparation of Emission Inventories of Carbon 

Monoxide and Precursors of Ozone, Vol. 1, EPA– 

450/4–91–016 (May 1991) and Emissions Inventory 

Improvement Program (EIIP) Technical Report, Vol. 

3, Area Sources (Revised January 2001, updated 

April 2001). 

7North Carolina used MOVES version 2010b 

because this was the latest version available at the 

time that the State submitted its SIP revision. 

8This guidance includes: Emissions Inventory 

Guidance for Implementation of Ozone and 

Particulate Matter National Ambient Air Quality 

Standards (NAAQS) and Regional Haze 

Regulations, EPA–454/R–05–001 (August 2005, 

updated November 2005); Policy Guidance on the 

Use of MOVES2010 for State Implementation Plan 

Development, Transportation Conformity, and 

Other Purposes, EPA–420–B–09–046 (December 

2009); and Technical Guidance on the Use of 

MOVES2010 for Emission Inventory Preparation in 

State Implementation Plans and Transportation 

Conformity, EPA–420–B–10–023 (April 2010). 

9For consistency with the NEI, North Carolina 

included emissions data for locomotives at rail 

yards and aircraft (where they are reported to occur 

at the locations of the airports where they are 

generated) with the point source data in the base 

year inventory. See Appendix B.1 and Appendix 

B.4 of the State’s SIP revision for a detailed 

discussion of the methodology used to calculate 

aircraft and locomotive emissions. 

10This guidance includes: Procedures for 

Emission Inventory Preparation, Volume IV: Mobile 

Sources, EPA–450/4–81–026d (July 1991). 11As discussed in the preamble to the SIP 

Requirements Rule, a state may rely on emissions 

statement rules in force and approved by EPA for 

the 1997 ozone NAAQS or the 1-hour ozone 

NAAQS provided that the rules remain adequate 

and cover all portions of the 2008 ozone NAAQS 

nonattainment areas. See 80 FR 12291. 

source emissions thresholds of 40 CFR 

part 51, subpart A. 

Area sources are small emission 

stationary sources which, due to their 

large number, collectively have 

significant emissions (e.g., dry cleaners, 

service stations). Emissions for these 

sources were estimated by multiplying 

an emission factor by such indicators of 

collective emissions activity as 

production, number of employees, or 

population. These emissions were 

estimated at the county level. North 

Carolina developed its inventory 

according to the current EPA emissions 

inventory guidance for area sources.6

On-road mobile sources include 

vehicles used on roads for 

transportation of passengers or freight. 

North Carolina’s developed its on-road 

emissions inventory using EPA’s Motor 

Vehicle Emissions Simulator (MOVES) 

model for each ozone nonattainment 

county.7 County level on-road modeling 

was conducted using county-specific 

vehicle population and other local data. 

North Carolina developed its inventory 

according to the current EPA emissions 

inventory guidance for on-road mobile 

sources.8

Non-road mobile sources include 

vehicles, engines, and equipment used 

for construction, agriculture, recreation, 

and other purposes that do not use 

roadways (e.g., lawn mowers, 

construction equipment, railroad 

locomotives, and aircraft). North 

Carolina calculated emissions for most 

of the non-road mobile sources using 

EPA’s NONROAD2008a model 9 and 

developed its non-road mobile source 

inventory according to the current EPA 

emissions inventory guidance for nonroad mobile sources.10

For the reasons discussed above, EPA 

has determined that North Carolina’s 

emissions inventory meets the 

requirements under CAA section 

182(a)(1) and the SIP Requirements Rule 

for the 2008 8-hour ozone NAAQS. 

(b) Emissions Statements 

Pursuant to section 182(a)(3)(B), states 

with ozone nonattainment areas must 

require annual emissions statements 

from NOX and VOC stationary sources 

within those nonattainment areas. This 

requirement applies to all ozone 

nonattainment areas regardless of 

classification (e.g., Marginal, Moderate). 

North Carolina regulation 15A North 

Carolina Administrative Code (NCAC) 

02Q.0207 requires all owners or 

operators of stationary sources with 

actual emissions of 25 tons per year or 

more of VOC or NOX located in the 

counties listed therein to submit a 

statement to the State by June 30 of each 

year identifying actual NOX and VOC 

emissions for the previous calendar 

year. In 1995, EPA approved North 

Carolina’s regulation and incorporated it 

into the SIP. See 60 FR 22283 (May 5, 

1995). At that time, the regulation 

applied to stationary sources within 

Davidson County, Durham County, 

Forsyth County, Gaston County, 

Guilford County, Mecklenburg County, 

Wake County, the Dutchville Township 

portion of Granville County, and that 

part of Davie County bounded by the 

Yadkin River, Dutchman’s Creek, North 

Carolina Highway 801, Fulton Creek, 

and back to the Yadkin River. North 

Carolina subsequently amended the 

regulation to expand its coverage to 

include Cabarrus, Lincoln, Rowan, and 

Union Counties in their entireties and 

Davidson Township and Coddle Creek 

Township in Iredell County. EPA 

concluded that the amended regulation 

met the requirements of section 

182(a)(3)(B) for the 1997 8-hour ozone 

standard and incorporated the 

amendments into the SIP in 2012. See 

77 FR 24382 (April 24, 2012). In its July 

7, 2014 SIP revision, North Carolina 

noted that it continues to operate under 

15A NCAC 02Q.0207 as approved into 

the SIP in 2012. EPA has reviewed this 

SIP-approved regulation and 

determined that it covers the entire 

North Carolina portion of the Area and 

meets the requirements of section 

182(a)(3)(B) for the 2008 ozone 

NAAQS.11

III. Final Action 

EPA is approving the SIP revision 

submitted by North Carolina on July 7, 

2014, addressing the base year 

emissions inventory and emissions 

statement requirements for the State’s 

portion of the bi-state Charlotte Area. 

EPA has concluded that the State’s 

submission meets the requirements of 

sections 110 and 182 of the CAA. EPA 

is publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial submittal and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision should adverse 

comments be filed. This rule will be 

effective June 22, 2015 without further 

notice unless the Agency receives 

adverse comments by May 21, 2015. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All adverse comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on June 22, 2015 

and no further action will be taken on 

the proposed rule. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, the Agency may 

adopt as final those provisions of the 

rule that are not the subject of an 

adverse comment. 

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. 

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: 


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• 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). 

In addition, 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 June 22, 2015. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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: April 9, 2015. 

Heather McTeer Toney, 

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. In § 52.1770, paragraph (e) is 

amended by adding two entries for 

‘‘North Carolina portion of bi-state 

Charlotte; 2008 8-Hour Ozone Base Year 

Emissions Inventory’’ and ‘‘North 

Carolina portion of bi-state Charlotte; 

2008 8-Hour Ozone Annual Emission 

Reporting (Emission Statement)’’ at the 

end of the table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective date EPA approval date Federal Register notice Explanation 

*******

North Carolina portion of bi-state Charlotte Area; 

2008 8-Hour Ozone Base Year Emissions Inventory.

07/07/2014 April 21, 2015 ................ [Insert citation of publication].

North Carolina portion of bi-state Charlotte Area; 

2008 8-Hour Ozone Annual Emissions Reporting 

(Emissions Statements).

07/07/2014 April 21, 2015 ................ [Insert citation of publication].

[FR Doc. 2015–09050 Filed 4–20–15; 8:45 am] 

BILLING CODE 6560–50–P 


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