44890 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 

1Portions of the bi-state Charlotte Area were 

previously designated as a moderate nonattainment 

area for the 1-hour ozone NAAQS. The Area was 

subsequently redesignated to attainment for the 1- 

hour ozone NAAQS, and a maintenance plan was 

approved into the North Carolina SIP. The original 

Charlotte-Gastonia, North Carolina 1-hour moderate 

ozone nonattainment area consisted of Mecklenburg 

and Gaston counties in North Carolina. 

TABLE 1–EPA APPROVED TENNESSEE REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

CHAPTER 1200–3–9 CONSTRUCTION AND OPERATING PERMITS 

Section 1200–3–9-.01 ....... Definitions ... 4/24/2013 7/25/2013 [Insert citation 

of publication].

7/25/2013 [Insert citation of publication]—EPA is approving Tennessee’s May 10, 2013, SIP revision to 

Chapter 1200–3–9-.01 with the exception of the 

PM2.5 SILs (at 1200–3–9–.01(5)(b)1(xix)) and SMC 

(at 1200–3–9–.01(4)(d)6(i)(III)) as promulgated in 

the October 20, 2010, PM2.5 Increments-SILs-SMC 

Rule. 

February 7, 2012 (77 FR 6016)—EPA is approving 

Tennessee’s May 28, 2009, SIP revisions to Chapter 1200–3–9–.01 with the exception of the ‘‘baseline actual emissions’’ calculation revision found at 

1200–3–9–.01(4)(b)45(i)(III), (4)(b)45(ii)(IV), 

(5)(b)1(xlvii)(I)(III) and (5)(b)1(xlvii)(II)(IV) of the 

submittal. 

* * * * * * * 

* * * * * 

[FR Doc. 2013–17842 Filed 7–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0140; FRL- 9835–7] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

Control Techniques Guidelines and 

Reasonably Available Control 

Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On May 1, 2013, the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources (NC DENR), 

submitted to EPA a state 

implementation plan (SIP) revision to 

satisfy North Carolina’s commitment 

associated with the conditional 

approval of its reasonably available 

control technology (RACT) requirements 

for volatile organic compound (VOC) 

sources located in the North Carolina 

portion of the Charlotte—Gastonia— 

Rock Hill, North Carolina—South 

Carolina 1997 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘bi-state Charlotte Area’’). The 

NC DENR May 1, 2013, SIP revision also 

includes additional changes to North 

Carolina’s RACT rules. EPA is taking 

final action to approve a number of 

these SIP changes to the State’s RACT 

rules and to convert the existing 

conditional approval of VOC RACT 

provisions in the North Carolina SIP to 

a full approval under the Clean Air Act 

(CAA or Act). EPA has evaluated the 

changes to North Carolina’s SIP, and has 

made the determination that those being 

approved through this action are 

consistent with statutory and regulatory 

requirements and EPA guidance. 

DATES: Effective Date: This rule will be 

effective August 26, 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann, Regulatory Development 

Section, Air Planning Branch, Air, 

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) 562–9029. 

Ms. Spann can also be reached via 

electronic mail at spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On April 30, 2004, EPA designated 

the bi-state Charlotte Area as a moderate 

nonattainment area with respect to the 

1997 8-hour ozone NAAQS.1 See 69 FR 

23858. The bi-state Charlotte Area for 

the 1997 8-hour ozone NAAQS includes 

six full counties and one partial county 

in North Carolina; and one partial 

county in South Carolina. The North 

Carolina portion of the bi-state Charlotte 

Area consists of Cabarrus, Gaston, 

Lincoln, Mecklenburg, Rowan, Union 

and a portion of Iredell County which 

includes Davidson and Coddle Creek 


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Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 44891 

2Effective July 20, 2012, EPA designated one full 

county and six partial counties in the bi-state 

Charlotte area as a marginal nonattainment area for 

the 2008 8-hour ozone NAAQS. Today’s final 

rulemaking regarding RACT is not related to 

requirements for the 2008 8-hour ozone NAAQS. 

3The emission threshold is based on an area’s 

nonattainment designation classification. Section 

182 of the CAA and 40 CFR 51.912 (b) define 

‘‘major source’’ for ozone nonattainment areas to 

include sources which emit or which have the 

potential to emit 100 tpy or more of VOC or NOX

(ozone precursors) in areas classified as ‘‘marginal’’ 

or ‘‘moderate,’’ 50 tons per year (tpy) or more of 

these ozone precursors in areas classified as 

‘‘serious,’’ 25 tpy or more of these ozone precursors 

in areas classified as ‘‘severe,’’ and 10 tpy or more 

of these ozone precursors in areas classified as 

‘‘extreme.’’ The bi-state Charlotte Area for the 1997 

8-hour ozone NAAQS is a moderate nonattainment 

area. 

4Section 182(b)(2) also requires that all CTG 

source category sources, including those with less 

than 100 tpy emissions, meet RACT. CTG sources 

are addressed later in this document. 

5Although published on May 9, 2013, EPA’s 

conditional approval final action was signed on 

April 29, 2013, prior to the Agency’s receipt of the 

May 1, 2013, North Carolina submission to address 

the State’s conditional approval commitments. 

6A change to rule 15A NCAC 02Q.0102 (hereafter 

‘‘.0102’’) is also included in the May 1, 2013, SIP 

revision. In today’s rulemaking, EPA is not taking 

action on North Carolina’s changes to rule .0102. 

EPA will contemplate action on these changes in a 

separate action. 

Townships.2 The South Carolina 

portion of the bi-state Charlotte Area 

consists of the portion of York County 

that falls within the Rock Hill-Fort Mill 

Area Transportation Study Metropolitan 

Planning Organization Area. As a result 

of this moderate nonattainment 

designation, North Carolina and South 

Carolina were required to amend their 

SIPs for their respective portions of the 

bi-state Charlotte Area to satisfy the 

requirements of section 182 of the CAA. 

Today’s action specifically addresses 

the North Carolina portion of the bistate Charlotte Area for the 1997 8-hour 

ozone NAAQS. EPA approved the RACT 

requirements for the South Carolina 

portion of the bi-state Charlotte Area on 

November 28, 2011. See 76 FR 72844. 

Section 172(c)(1) of the CAA requires 

SIPs to provide for the implementation 

of all reasonably available control 

measures (RACM) as expeditiously as 

practicable. RACT, a subset of RACM, 

relates specifically to stationary point 

sources. Section 182(b)(2) of the CAA 

requires states to adopt RACT rules for 

all areas designated nonattainment for 

ozone and classified as moderate or 

above. The three parts of the section 

182(b)(2) RACT requirements are: (1) 

RACT for sources covered by an existing 

control techniques guideline (CTG) (i.e., 

a CTG issued prior to enactment of the 

1990 amendments to the CAA); (2) 

RACT for sources covered by a postenactment CTG; and (3) all major 

sources not covered by a CTG (i.e., nonCTG sources). Pursuant to 40 CFR 

51.165, a major source for a moderate 

ozone area is a source that emits 100 

tons per year (tpy) or more of VOC or 

NOX. 3 4 If no major sources of VOC or 

NOX emissions (each pollutant should 

be considered separately) in a particular 

source category exist in an applicable 

nonattainment area, a state may submit 

a negative declaration for that category. 

On March 13, 2013, EPA proposed to 

approve in part, and conditionally 

approve in part, numerous SIP revisions 

provided by NC DENR to address NOX

and VOC RACT requirements. See 78 FR 

15895. No comments were received on 

EPA’s March 13, 2013, proposed 

rulemaking and on May 9, 2013, EPA 

took final action to approve, in part, and 

conditionally approve in part, North 

Carolina SIP revisions submitted on 

October 14, 2004, April 6, 2007, June 15, 

2007, January 31, 2008, November 19, 

2008, September 18, 2009, February 3, 

2010, April 6, 2010, and November 9, 

2010, to address NOX RACT, VOC RACT 

and CTG requirements. 

NC DENR submitted a SIP revision on 

May 1, 2013, to address deficiencies 

with the State’s VOC RACT rules as 

identified in the EPA May 9, 2013, 

conditional approval of North Carolina 

VOC RACT rules 15A NCAC 02D.0902 

(hereafter ‘‘.0902’’), 15A NCAC 

02D.0909 (hereafter ‘‘.0909’’), 15A 

NCAC 02D.0951 (hereafter ‘‘.0951’’), 

15A NCAC 02D.0961 (hereafter ‘‘.0961’’) 

and 15A NCAC 02D.0962 (hereafter 

‘‘.0962’’).5 North Carolina’s May 1, 2013, 

SIP revision also included changes to 

rule 15A NCAC 02D.0903 (hereafter 

‘‘.0903’’).6 On June 7, 2013, EPA 

proposed to approve portions of North 

Carolina’s May 1, 2013, SIP revision 

which included changes to the State’s 

RACT rules to correct deficiencies and 

add new changes. See 78 FR 34306. EPA 

did not receive any comments, adverse 

or otherwise, on the June 7, 2013, 

proposed rulemaking related to North 

Carolina’s May 1, 2013, SIP revision. 

For more information regarding the 

RACT requirements, including 

requirements and schedules for sources 

covered by CTGs, see EPA’s March 13, 

2013, proposed rulemaking (78 FR 

15895), the May 9, 2013, final 

rulemaking (78 FR 27065) and the June 

7, 2013, proposed rulemaking related to 

this final action at 78 FR 34306. 

II. This Action 

EPA is approving portions of the May 

1, 2013, SIP revision submitted to EPA 

by the State of North Carolina, through 

NC DENR, to address the NOX RACT 

requirements for the North Carolina 

portion of the bi-state Charlotte Area. 

Specifically, EPA is approving the 

entirety of the May 1, 2013, SIP revision 

with the exception of the revisions 

related to section .0102. Because EPA is 

approving these revisions to the State’s 

RACT rules, the Agency is also, through 

this action, converting the existing 

conditional approval of VOC RACT 

provisions in the North Carolina SIP to 

a full approval under the CAA. These 

SIP revisions, along with revisions 

approved on May 9, 2013, (78 FR 27065) 

establish the RACT requirements for the 

major sources located in the North 

Carolina portion of the bi-state Charlotte 

Area. In a separate rulemaking, EPA has 

already taken action on RACT and CTG 

requirements for the South Carolina 

portion of the bi-state Charlotte Area. 

III. Final Action 

EPA is taking final action to approve 

portions of the May 1, 2013, SIP 

revision to the State’s RACT rules and 

converting the existing conditional 

approval of VOC RACT provisions in 

the North Carolina SIP to a full approval 

under the CAA. Together, this SIP 

revision, and those referenced in the 

May 9, 2013, (78 FR 27065) action 

establish the RACT requirements for the 

major sources located in the North 

Carolina portion of the bi-state Charlotte 

Area. EPA is taking final action on the 

May 1, 2013, SIP revision because it is 

consistent with the CAA and 

requirements related to VOC and NOX

RACT. 

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 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 


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44892 Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 

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 September 23, 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 

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: July 12, 2013. 

A. Stanley Meiburg, 

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) Table 1, is 

amended under Subchapter 2D at 

section .0900 by revising the entries for 

‘‘Sect .0902,’’ ‘‘Sect .0903,’’ ‘‘Sect 

.0951,’’ ‘‘Sect .0961,’’ ‘‘Sect .0962,’’ 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 

Subchapter 2D Air Pollution Control Requirements 

*******

Section .0900 Volatile Organic Compounds 

*******

Sect .0902 ......... Applicability ................................... 5/1/2013 7/25/13, [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 .0903 ......... Recordkeeping: Reporting, Monitoring.5/1/2013 7/25/13, [Insert citation of publication].

*******

Sect .0909 ......... Compliance Schedules for 

Sources in Nonattainment 

Areas.

5/1/2013 7/25/13, [Insert citation of publication].

*******

Sect .0951 ......... RACT for Sources of Volatile Organic Compounds.5/1/2013 7/25/13, [Insert citation of publication].


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Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Rules and Regulations 44893 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Sect .0961 ......... Offset Lithographic Printing and 

Letterpress Printing.

5/1/2013 7/25/13, [Insert citation of publication].

Sect .0962 ......... Industrial Cleaning Solvents ......... 5/1/2013 7/25/13, [Insert citation of publication].

*******

* * * * * 

[FR Doc. 2013–17833 Filed 7–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90; DA 13–1113, FCC 

13–73] 

Connect America Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of six months, an 

information collection associated with 

the Commission’s Universal Service— 

Connect America Fund, Report and 

Order, 78 FR 32991, June 3, 2013 and 

Report and Order, 78 FR 38227, June 26, 

2013 (Orders). The Commission 

submitted new information collection 

requirements for review and approval 

by OMB, as required by the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

3501–3520), 78 FR 34097, June 6, 2013, 

which were approved by the OMB on 

July 9, 2013. This notice is consistent 

with the Orders, which stated that the 

Commission would publish a document 

in the Federal Register announcing the 

effective date of new information 

collection requirements. 

DATES: The rules associated with the 

Connect America Phase II challenge 

process published at 78 FR 32991, June 

3, 2013 and 47 CFR 54.312(c)(4) through 

(6), 54.312(c)(8), and 54.313(b) 

published at 78 FR 38227, June 26, 

2013, is effective July 25, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Yates, Wireline Competition 

Bureau at (202) 418–7400 or TTY (202) 

418–0484. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on July 9, 

2013, OMB approved, for a period of six 

months, the information collection 

requirements contained in the 

Commission’s Orders, DA 13–1113, 

published at 78 FR 32991, June 3, 2013 

and FCC 13–73, published at 78 FR 

38227, June 26, 2013. The OMB Control 

Number is 3060–1188. The Commission 

publishes this notice as an 

announcement of the effective date of 

the rules associated with the Connect 

America Phase II challenge process and 

47 CFR 54.312(c)(4) through (c)(6), 

54.312(c)(8) and 54.313(b). If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Judith B. Herman, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street SW., Washington, 

DC 20554. Please include the OMB 

Control Number, 3060–1188, in your 

correspondence. The Commission will 

also accept your comments via email 

please send them to PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on July 9, 2013, 

for the rules associated with the 

Connect America Phase II challenge 

process and the information collection 

requirements contained in the 

Commission’s rules at 47 CFR 

54.312(c)(4) through (c)(6), 54.312(c)(8) 

and 54.313(b). Under 5 CFR 1320, an 

agency may not conduct or sponsor a 

collection of information unless it 

displays a current, valid OMB Control 

Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1188. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Pub. L. 104–13, October 1, 1995, and 44 

U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1188. 

OMB Approval Date: July 9, 2013. 

OMB Expiration Date: January 31, 

2014. 

Title: Connect America Challenge 

Process and Certifications, WC Docket 

No. 10–90. 

Form No.: FCC Form 505. 

Respondents: Business or other forprofit, not-for-profit institutions, and 

state, local or tribal government. 

Number of Respondents and 

Responses: 113 respondents; 113 

responses. 

Estimated Time per Response: 10 

hours to 20 hours. 

Frequency of Response: On occasion 

reporting requirement and third party 

disclosure requirements. 

Obligation To Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. sections. 

Total Annual Burden: 1,260 hours. 

Total Annual Cost: N/A. 

Nature and Extent of Confidentiality: 

The Commission is not requesting that 

respondents submit confidential 

information to the Commission. 

However, respondents may request 

materials or information submitted to 

the Commission or to the Administrator 

be withheld from public inspection 

under 47 CFR 0.459 of the 

Commission’s rules. We note that USAC 

must preserve the confidentiality of all 

data obtained from respondents; must 

not use the data except for purposes of 

administering the universal service 

programs; and must not disclose data in 


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