Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 42733 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/Subject 

State 

approval/ 

submittal 

date 

EPA 

approval 

date 

Explanation 

*******

Subchapter H—Low Emission Fuels 

Division 1: Gasoline Volatility 

*******

114.306 ........ Recordkeeping Requirements.4/25/2000 4/26/2001, 66 FR 20927 ............................................. Not in SIP: 114.306(c) 

114.307 ........ Exemptions ....................... 9/10/2014 7/20/2015, [Insert Federal Register citation] .............

114.309 ........ Affected Counties ............. 9/10/2014 7/20/2015, [Insert Federal Register citation] .............

* * * * * * * 

* * * * * 

[FR Doc. 2015–17743 Filed 7–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0368; FRL–9930–76– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

Nitrogen Dioxide and Sulfur Dioxide 

National Ambient Air Quality 

Standards Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

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 on August 13, 2012, 

pertaining to definition changes for the 

Nitrogen Dioxide (NO2) and Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS). EPA is 

approving this SIP revision because the 

State has demonstrated that it is 

consistent with the Clean Air Act (CAA 

or Act). 

DATES: This direct final rule is effective 

on September 18, 2015 without further 

notice, unless EPA receives relevant 

adverse comment by August 19, 2015. If 

EPA receives such comment, EPA will 

publish a timely withdrawal 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–2015–0368, 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–2015–0368’’ 

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. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, 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 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2015– 

0368’’. 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 Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

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42734 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 

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 

Sections 108 and 109 of the CAA 

govern the establishment, review, and 

revision, as appropriate, of the NAAQS 

to protect public health and welfare. 

The CAA requires periodic review of the 

air quality criteria—the science upon 

which the standards are based—and the 

standards themselves. EPA’s regulatory 

provisions that govern the NAAQS are 

found at 40 CFR 50—National Primary 

and Secondary Ambient Air Quality 

Standards. In this rulemaking, EPA is 

proposing to approve North Carolina’s 

August 13, 2012, submission amending 

the State’s NAAQS for NO2 and SO2 that 

are found at 15A NCAC 02D .0407 and 

.0402. The SIP submittal amending 

North Carolina’s rules to incorporate the 

NAAQS can be found in the Docket for 

this proposed rulemaking at 

www.regulations.gov and are 

summarized below. 

II. EPA’s Analysis of North Carolina’s 

SIP Revision 

A. NO2

On February 9, 2010, EPA 

promulgated a new 1-hour primary 

NAAQS for NO2 at a level of 100 parts 

per billion (ppb), based on a 3-year 

average of the 98th percentile of the 

yearly distribution of 1-hour daily 

maximum concentrations. See 75 FR 

6474. Accordingly, in the August 3, 

2012, SIP submission, North Carolina 

revised state rule 15A NCAC 02D .0407 

Nitrogen Dioxide to update the primary 

air quality standard for NO2 to be 

consistent with the NAAQS that were 

promulgated by EPA in 2010. EPA has 

reviewed this change to North 

Carolina’s rule for NO2 and has made 

the determination that this change is 

consistent with federal regulations. 

B. SO2

On June 22, 2010, EPA promulgated a 

revised primary SO2 NAAQS to an 

hourly standard of 75 ppb based on a 3- 

year average of the annual 99th 

percentile of 1-hour daily maximum 

concentrations. See 75 FR 35520. 

Accordingly, in the August 3, 2012, SIP 

submission, North Carolina revised state 

rule 15A NCAC 02D .0402 Sulfur Oxides 

to update the primary air quality 

standard for SO2 to be consistent with 

the SO2 NAAQS that were promulgated 

by EPA in 2010. EPA has reviewed the 

change to North Carolina’s rule for SO2

and has made the determination that 

these changes are consistent with 

federal regulations. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporate 

by reference of NCDENR regulations 

15A NCAC 02D .0407 Nitrogen Dioxide 

and 15A NCAC 02D .0402 Sulfur Oxides 

effective September 1, 2011, which were 

revised to be consistent with the current 

NAAQS. EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

IV. Final Action 

EPA is approving the aforementioned 

changes to the North Carolina SIP, 

because they are consistent with EPA’s 

standards for NO2 and SO2. 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 September 18, 2015 without 

further notice unless the Agency 

receives adverse comments by August 

19, 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 September 18, 

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. 

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. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• 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 

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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 42735 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 18, 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, Sulfur dioxide, 

Reporting and recordkeeping 

requirements. 

Dated: July 6, 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(c) is amended 

under Table 1, at Subchapter 2D Air 

Pollution Control Requirements, Section 

.0400 Ambient Air Quality Standards by 

revising the entries for ‘‘.0402,’’ and 

‘‘.0407’’ 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 .0400 Ambient Air Quality Standards 

******

Sect .0402 ......................... Sulfur Dioxide ............................................................. 9/1/2011 7/20/2015 [Insert citation 

of publication].

* * * * * * * 

Sect .0407 ......................... Nitrogen Dioxide ......................................................... 9/1/2011 7/20/2015 [Insert citation 

of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2015–17683 Filed 7–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R01–RCRA–2012–0447; FRL–9930– 

54–Region–1] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the 

exclusion for International Business 

Machines Corporation (IBM) in Essex 

Junction, Vermont to reflect changes in 

ownership and name. 

DATES: This amendment is effective on 

July 20, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Leitch, RCRA Waste 

Management and UST Section, Office of 

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