Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 67645 

1Sub-element 110(a)(2)(E)(ii) was previously 

submitted by North Carolina DAQ previous 

submissions to EPA to satisfy the state board 

requirements for the referenced NAAQS. EPA is 

taking final action to approve the February 5, 2013, 

and July 27, 2015, final submissions in conjunction 

with the previously submissions for the 2010 NO2

NAAQS (August 23, 2013), 2010 SO2 NAAQS 

(March 18, 2014), 2008 8-hour Ozone NAAQS 

(November 2, 2012), and 2008 Lead NAAQS (July 

20, 2012) as satisfying for the state board 

requirements of section 110(a)(2)(E)(ii) sub-element. 

TABLE 52.385—EPA-APPROVED REGULATIONS

Connecticut state 

citation Title/subject 

Dates 

Federal Register citation Section 

52.370 Comments/description Date adopted 

by State 

Date approved 

by EPA 

*******

22a-174–20 ....... Control of organic compound emissions.3/5/14 11/3/15 [Insert Federal 

Register citation].

(c)(110) Large aboveground storage tanks 

updates: amend (a); withdraw 

(b)(1); amend (b)(2), (b)(3) and 

(b)(4); add (b)(17); amend (c) 

and (x)(12). 

* * * * * * * 

[FR Doc. 2015–27900 Filed 11–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0440; FRL–9936–35– 

Region 4] 

Air Plan Approval; North Carolina; 

Conflict of Interest Infrastructure 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the North Carolina 

State Implementation Plan (SIP), 

submitted by the North Carolina 

Department of Environment and Natural 

Resources (DENR), Division of Air 

Quality (DAQ), on February 5, 2013, and 

supplemented on July 27, 2015. The 

submissions pertain to conflict of 

interest requirements of the Clean Air 

Act (CAA or Act) and were submitted to 

satisfy the infrastructure SIP subelement related to the state board for the 

2010 Nitrogen Dioxide (NO2) National 

Ambient Air Quality Standards 

(NAAQS), 2010 Sulfur Dioxide (SO2) 

NAAQS, 2008 8-hour Ozone NAAQS 

and 2008 Lead NAAQS. The CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by EPA, 

commonly referred to as an 

‘‘infrastructure’’ SIP, which includes 

conflict of interest requirements. EPA is 

taking final action to approve the 

portions of North Carolina’s 2010 NO2

infrastructure SIP, 2010 SO2

infrastructure SIP, 2008 8-hour ozone 

infrastructure SIP, and 2008 Lead 

infrastructure SIP as meeting these State 

board requirements. EPA is also taking 

final action to convert conditional 

approvals related to the state board 

requirements for the 1997 8-hour ozone 

NAAQS, and the 1997 Annual Fine 

Particulate Matter (PM2.5) and 2006 24- 

hour PM2.5 NAAQS to full approval 

under the CAA. EPA notes that all other 

applicable North Carolina infrastructure 

SIP elements for the above listed 

NAAQS have been or will be addressed 

in separate rulemakings. 

DATES: This rule will be effective 

December 3, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0440. 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, 

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 

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: 

Sean Lakeman, 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. Mr. 

Lakeman can be reached by telephone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

SIPs meeting the requirements of 

sections 110(a)(1) and (2) of the CAA are 

to be submitted by states within three 

years after promulgation of a new or 

revised NAAQS. Sections 110(a)(1) and 

(2) require states to address basic SIP 

requirements, including emissions 

inventories, monitoring, and modeling 

to assure attainment and maintenance of 

the 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. 

EPA is taking final action to approve 

North Carolina’s February 5, 2013, and 

July 27, 2015, submissions as: (1) 

Satisfying the requirements of section 

128 of the CAA; and (2) the 

infrastructure SIP sub-element for 

section 110(a)(2)(E)(ii) related to the 

state board requirements for the 2010 

NO2 NAAQS, 2010 SO2 NAAQS, 2008 

8-hour Ozone NAAQS and 2008 Lead 

NAAQS.1 Additionally, North 

Carolina’s February 5, 2013, and July 27, 

2015, submissions satisfy EPA’s 

multiple conditional approvals of subelement 110(a)(2)(E)(ii) published on 

February 6, 2012 (77 FR 5703), and 

October 16, 2012 (77 FR 63234), for the 

1997 8-hour ozone NAAQS, and 1997 

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67646 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 

2Sub-element 110(a)(2)(E)(ii) was previously 

submitted by North Carolina DAQ to EPA to satisfy 

the state board requirements for the referenced 

NAAQS. EPA is taking final action to approve the 

February 5, 2013, and July 27, 2015, final 

submissions in conjunction with the previous 

conditional approvals for the 1997 8-hour ozone 

NAAQS and 1997 annual and 2006 24-hour PM2.5

NAAQS as satisfying the state board requirements 

for this sub-element. 

3As noted in the NPR, as of October 1, 2012, 

North Carolina has no boards or bodies with 

authority over air pollution permits or enforcement 

orders and therefore the requirements of section 

128(a)(1) are not applicable. 

annual and 2006 24-hour PM2.5 NAAQS, 

respectively.2 As a result of today’s 

action approving the State’s 

submissions as meeting section 128 of 

the CAA, EPA is converting the 

aforementioned conditional approvals 

to full approvals regarding North 

Carolina’s infrastructure requirements 

for section 110(a)(2)(E)(ii) for the 1997 

8-hour ozone NAAQS, and 1997 annual 

and 2006 24-hour PM2.5 NAAQS. 

EPA proposed to approve the 

February 5, 2013, and July 27, 2015, 

submissions in a notice of proposed 

rulemaking (NPR) published on August 

24, 2015. See 80 FR 51167. The details 

of North Carolina’s submittals and the 

rationale for EPA’s actions are explained 

in the NPR. Comments on the proposed 

rulemaking were due on or before 

September 23, 2015. No adverse 

comments were received. 

II. Final Action 

As described above, EPA is taking 

final action to approve North Carolina’s 

February 5, 2013, and July 27, 2015, 

submissions concerning the conflict of 

interest requirements of CAA section 

128(a)(2) for inclusion into the North 

Carolina SIP.3 Specifically, EPA is 

approving North Carolina’s submissions 

related to the Secretary of the DENR and 

his/her delegatee that approve air 

permits or enforcement orders and as it 

relates to appealed matters decided by 

administrative law judges (ALJs). 

Additionally, EPA is approving the 

portions of North Carolina’s 2010 NO2

infrastructure SIP, 2010 SO2

infrastructure SIP, 2008 8-hour ozone 

infrastructure SIP, and 2008 Lead 

infrastructure SIP related to 

110(a)(2)(E)(ii). EPA is also converting 

previous conditional approvals for 

North Carolina’s infrastructure 

submissions for the 1997 8-hour ozone 

NAAQS, 1997 annual and 2006 24-hour 

PM2.5 NAAQS addressing CAA section 

110(a)(2)(E)(ii) requirements to 

approvals. 

III. 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 

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 January 4, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

Matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 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), is amended by 

adding new entries for ‘‘110(a)(1) and 

(2) Infrastructure Requirements for the 

1997 8-hour Ozone NAAQS’’, ‘‘110(a)(1) 

and (2) Infrastructure Requirements for 

the 1997 Annual PM2.5 NAAQS’’, 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 2006 24-hour 

PM2.5 NAAQS’’, ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 67647 

Lead NAAQS’’, ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

8-hour Ozone NAAQS’’, ‘‘110(a)(1) and 

(2) Infrastructure Requirements for the 

2010 NO2 NAAQS’’, ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2010 

SO2 NAAQS’’ and ‘‘Chapter 7A section 

754 of the North Carolina General 

Statues’’ 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 citation Explanation 

*******

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

1997 8-hour Ozone 

NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

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

1997 Annual PM2.5

NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

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

2006 24-hour PM2.5

NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

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

2008 Lead NAAQS.

7/27/2015 .................... ............................................ approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

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

2008 8-hour Ozone 

NAAQS.

7/27/2015 .................... ............................................ approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

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

2010 NO2 NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

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

2010 SO2 NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

Chapter 7A section 754 of 

the North Carolina General Statues.

7/27/2015 11/3/2015 [Insert Federal Register citation].Specifically, the following paragraph of 7A–754 stating 

‘‘The Chief Administrative Law Judge and the administrative law judges shall comply with the Model 

Code of Judicial Conduct for State Administrative 

Law Judges, as adopted by the National Conference 

of Administrative Law Judges, Judicial Division, 

American Bar Association, (revised August 1998), as 

amended from time to time, except that the provisions of this section shall control as to the private 

practice of law in lieu of Canon 4G, and G.S. 126– 

13 shall control as to political activity in lieu of 

Canon 5.’’ is approved into the SIP. 

§ 52.1773 [Amended] 

■ 3. Amend § 52.1773 by removing 

paragraph (a), and redesignating 

paragraphs (b) and (c) as paragraphs (a) 

and (b), respectively. 

[FR Doc. 2015–27881 Filed 11–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0034; FRL–9936–37– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Oklahoma 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA or Act) the Environmental 

Protection Agency (EPA) is approving 

revisions to the Oklahoma State 

Implementation Plan (SIP) submitted by 

the State of Oklahoma designee. The 

revisions are administrative in nature 

and modify redundant or erroneous text 

within the SIP. The revisions also 

incorporate new definitions and the 

current national ambient air quality 

standards (NAAQS) for four criteria 

pollutants; delete a subchapter that 

addresses motor vehicle pollution 

control devices; and add requirements 

for certain incinerators. 

DATES: This rule is effective on January 

4, 2016 without further notice, unless 

EPA receives relevant adverse comment 

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