Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations 12343 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather due at the time the 

nonattainment area plan requirements are due 

pursuant to other provisions of the CAA for 

submission of SIP revisions specifically applicable 

for attainment planning purposes. These 

requirements are: (1) Submissions required by 

section 110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in part D 

Title I of the CAA; and (2) submissions required by 

section 110(a)(2)(I) which pertain to the 

nonattainment planning requirements of part D, 

Title I of the CAA. Today’s proposed rulemaking 

does not address infrastructure elements related to 

section 110(a)(2)(I) or the nonattainment planning 

requirements of 110(a)(2)(C). 

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 CAA 

section 307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, and Particulate matter. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

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

Dated: February 13, 2015. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2015–05071 Filed 3–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0444; FRL 9924–16– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; North Carolina 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a portion of the July 20, 2012, 

State Implementation Plan (SIP) 

submission, provided by the North 

Carolina Department of Environment 

and Natural Resources (NC DENR), 

Division of Air Quality (NCDAQ) for 

inclusion into the North Carolina SIP. 

This final action pertains to the Clean 

Air Act (CAA or the Act) infrastructure 

requirements for the 2008 Lead 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 2008 Lead 

NAAQS is implemented, enforced, and 

maintained in North Carolina. With the 

exception of provisions pertaining to 

prevention of significant deterioration 

(PSD) permitting and state board 

requirements, EPA is taking final action 

to approve North Carolina’s 

infrastructure SIP submission, provided 

to EPA on July 20, 2012, because it 

addresses the required infrastructure 

elements for the 2008 Lead NAAQS. 

DATES: This rule is effective on April 8, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2014–0444. 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 

(formerly the Regulatory Development 

Section), Air Planning and 

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. 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: Zuri 

Farngalo, 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. The 

telephone number is (404) 562–9152. 

Mr. Farngalo can be reached via 

electronic mail at farngalo.zuri@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 

Section 110(a) of the CAA generally 

requires states to make a SIP submission 

to meet applicable requirements in 

order to provide for the implementation, 

maintenance, and enforcement of a new 

or revised NAAQS within three years 

following the promulgation of such 

NAAQS, or within such shorter period 

as EPA may prescribe. These SIP 

submissions are commonly referred to 

as ‘‘infrastructure’’ SIP submissions. 

Section 110(a) imposes the obligation 

upon states to make an infrastructure 

SIP submission to EPA for a new or 

revised NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the infrastructure SIP for a 

new or revised NAAQS affect the 

content of the submission. The contents 

of such infrastructure SIP submissions 

may also vary depending upon what 

provisions the state’s existing SIP 

already contains. In the case of the 2008 

Lead NAAQS, states typically have met 

the basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous lead NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for infrastructure SIP requirements 

related to a newly established or revised 

NAAQS. As mentioned above, these 

requirements include basic structural 

SIP elements such as modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. The 

applicable infrastructure SIP 

requirements that are the subject of this 

rulemaking are listed below.1

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 


rmajette on DSK2TPTVN1PROD with RULES
12344 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

• 110(a)(2)(C): Program for enforcement, 

prevention of significant deterioration 

(PSD) and new source review (NSR).2

• 110(a)(2)(D): Interstate and 

international transport provisions. 

• 110(a)(2)(E): Adequate personnel, 

funding, and authority. 

• 110(a)(2)(F): Stationary source 

monitoring and reporting. 

• 110(a)(2)(G): Emergency episodes. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(J): Consultation with 

government officials, public 

notification, and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/

participation by affected local entities. 

On November 20, 2014, EPA proposed 

to approve North Carolina’s July 20, 

2012, 2008 Lead NAAQS infrastructure 

SIP submission with the exception of 

preconstruction PSD permitting 

requirements for major sources of 

sections 110(a)(2)(C), prong 3 of D(i), 

and (J) and the state board requirements 

of 110(E)(ii), which EPA will address in 

a separate action. See 79 FR 69082. 

II. Today’s Action 

In this rulemaking, EPA is taking final 

action to approve North Carolina’s July 

20, 2012, infrastructure submission as 

demonstrating that the State meets the 

applicable requirements of sections 

110(a)(1) and (2) of the CAA for the 

2008 Lead NAAQS, with the exception 

of preconstruction PSD permitting 

requirements for major sources of 

sections 110(a)(2)(C), prong 3 of D(i), 

and (J); and the state board requirements 

of 110(E)(ii). EPA will act on these 

portions of North Carolina’s July 20, 

2012, submission in a separate action. 

III. Final Action 

With the exception of provisions 

pertaining to preconstruction PSD 

permitting requirements for major 

sources of sections 110(a)(2)(C), prong 3 

of D(i), and (J); and the state board 

requirements of 110(E)(ii), EPA is 

approving North Carolina’s July 20, 

2012, infrastructure submission because 

it addresses the required infrastructure 

elements for the 2008 Lead NAAQS. 

This submission addresses 

infrastructure requirements for the 2008 

Lead NAAQS for the North Carolina 

SIP. With the exceptions noted above, 

NC DENR has addressed the elements of 

the CAA 110(a)(1) and (2) SIP 

requirements to ensure that the 2008 

Lead NAAQS is implemented, enforced, 

and maintained in North Carolina. 

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: 

• 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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 May 8, 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. 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, 

Lead, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 20, 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. Section 52.1770(e), the table is 

amended by adding an entry ‘‘110(a)(1) 

and (2) Infrastructure Requirements for 

the 2008 Lead National Ambient Air 

Quality Standards’’ at the end of the 

table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations 12345 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State 

effective date 

EPA 

approval date Federal Register citation Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements 

for the 2008 Lead National Ambient Air Quality Standards.

6/15/2012 3/9/2015 [Insert Federal Register 

citation].

With the exception of PSD permitting requirements 

for major sources of sections 110(a)(2)(C), prong 

3 of D(i), and (J) and the state board requirements 

of 110(E)(ii). 

[FR Doc. 2015–05242 Filed 3–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0903; FRL–9924–02– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; State Boards Requirements; 

Infrastructure Requirements for the 

2008 Ozone, 2010 Nitrogen Dioxide, 

and 2010 Sulfur Dioxide National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the West 

Virginia State Implementation Plan 

(SIP). The SIP revision addresses the 

State Boards requirements for all criteria 

pollutants of the National Ambient Air 

Quality Standards (NAAQS). EPA is 

also approving a related infrastructure 

element from the West Virginia 

February 21, 2012 SIP submittal for the 

2008 ozone (O3) NAAQS, the December 

13, 2012 SIP submittal for the 2010 

nitrogen dioxide (NO2) NAAQS, and the 

July 1, 2013 SIP submittal for the 2010 

sulfur dioxide (SO2) NAAQS. EPA is 

approving this SIP revision in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on May 8, 

2015 without further notice, unless EPA 

receives adverse written comment by 

April 8, 2015. 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–2014–0903 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: powers.marilyn@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0903, 

Marilyn Powers, Acting Associate 

Director, Office of Air Program 

Planning, Air Protection Division, 

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–2014– 

0903. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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. 

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 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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, WV 25304. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 128 of the CAA requires SIPs 

to include certain requirements 

regarding State Boards; section 

110(a)(2)(E)(ii) of the CAA also 

references these requirements. Section 

128(a) requires SIPs to contain 

provisions that: (1) Any board or body 

which approves permits or enforcement 

orders under the CAA shall have at least 

a majority of its members represent the 

public interest and not derive any 

significant portion of their income from 

persons subject to permits or 

enforcement orders under the CAA; and 

(2) any potential conflict of interest by 

members of such board or body or the 

head of an executive agency with 

similar powers be adequately disclosed. 

The requirements of section 128(a)(1) 

are not applicable to West Virginia 

because it does not have any board or 

body which approves air quality permits 

or enforcement orders. The 


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