24496 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations 

1Today, EPA is providing clarification for an 

inadvertent typographical error that was included 

in the February 25, 2016, proposed rulemaking, for 

this final action. In the February 25, 2016, proposed 

rulemaking it was stated that the 2010 1-hour SO2

NAAQS infrastructure SIPs were due no later than 

June 22, 2013. The 2010 1-hour SO2 NAAQS 

infrastructure SIPs were actually due to EPA from 

states no later than June 2, 2013. 

2On November 3, 2015, in a previous rulemaking, 

EPA approved the requirements for state boards for 

North Carolina in relation to the 2010 SO2 NAAQS. 

See 80 FR 67645. 

* * * * * 

■ 3. Section 52.2036 is amended by 

adding paragraph (bb) to read as 

follows: 

§ 52.2036 Base year emissions inventory. 

* * * * * 

(bb) EPA approves, as a revision to the 

Pennsylvania State Implementation 

Plan, the 2011 base year emissions 

inventories for the AllentownBethlehem-Easton, Lancaster, 

Pittsburgh-Beaver Valley, and Reading 

nonattainment areas, and the 

Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City 

nonattainment area for the 2008 8-hour 

ozone national ambient air quality 

standard submitted by the Pennsylvania 

Department of the Environmental on 

September 30, 2015. The 2011 base year 

emissions inventories includes 

emissions estimates that cover the 

general source categories of point 

sources, nonroad mobile sources, area 

sources, onroad mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOC), and carbon 

monoxide (CO). 

[FR Doc. 2016–09591 Filed 4–25–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0150; FRL–9945–62– 

Region 4] 

Air Quality Plans; North Carolina; 

Infrastructure Requirements for the 

2010 Sulfur Dioxide National Ambient 

Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of the State 

Implementation Plan (SIP) submission, 

submitted by the State of North 

Carolina, through the Department of 

Environmental Quality, formerly the 

Department of Environment and Natural 

Resources, Division of Air Quality 

(DAQ), on March 18, 2014, for inclusion 

into the North Carolina SIP. This final 

action pertains to the infrastructure 

requirements of the Clean Air Act (CAA 

or Act) for the 2010 1-hour sulfur 

dioxide (SO2) national ambient air 

quality standard (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 submission.’’ DAQ 

certified that the North Carolina SIP 

contains provisions that ensure the 2010 

1-hour SO2 NAAQS is implemented, 

enforced, and maintained in North 

Carolina. EPA has determined that the 

North Carolina’s infrastructure SIP 

submission, provided to EPA on March 

18, 2014, satisfies certain required 

infrastructure elements for the 2010 1- 

hour SO2 NAAQS. 

DATES: This rule will be effective May 

26, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0150. 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: 

Michele Notarianni, 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. 

Notarianni can be reached via electronic 

mail at notarianni.michele@epa.gov or 

via telephone at (404) 562–9031. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

On June 22, 2010 (75 FR 35520), EPA 

revised the primary SO2 NAAQS to an 

hourly standard of 75 parts per billion 

(ppb) based on a 3-year average of the 

annual 99th percentile of 1-hour daily 

maximum concentrations. Pursuant to 

section 110(a)(1) of the CAA, states are 

required to submit SIPs meeting the 

applicable requirements of section 

110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 

elements such as requirements for 

monitoring, basic program requirements 

and legal authority that are designed to 

assure attainment and maintenance of 

the NAAQS. States were required to 

submit such SIPs for the 2010 1-hour 

SO2 NAAQS to EPA no later than June 

2, 2013.1

In a proposed rulemaking published 

on February 25, 2016, EPA proposed to 

approve North Carolina’s 2010 1-hour 

SO2 NAAQS infrastructure SIP 

submission submitted on March 18, 

2014, with the exception of the PSD 

permitting requirements for major 

sources of section 110(a)(2)(C) and (J), 

the interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 

1 through 4), and state boards 

requirements of section 

110(a)(2)(E)(ii).2See 81 FR 9398. The 

details of North Carolina’s submission 

and the rationale for EPA’s actions are 

explained in the proposed rulemaking. 

Comments on the proposed rulemaking 

were due on or before March 28, 2016. 

EPA received no comments on the 

proposed action. 

II. Final Action 

With the exception of the PSD 

permitting requirements for major 

sources of section 110(a)(2)(C) and (J), 

the interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 

1 through 4), and state boards 

requirements of section 110(a)(2)(E)(ii), 

EPA is taking final action to approve 

North Carolina’s infrastructure 

submission submitted on March 18, 

2014, for the 2010 1-hour SO2 NAAQS. 

EPA is taking final action to approve 

portions of North Carolina’s 

infrastructure SIP submission for the 

2010 1-hour SO2 NAAQS because the 

submission is consistent with section 

110 of the CAA. 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations 24497 

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 June 27, 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, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: April 14, 2016. 

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 a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2010 

1-hour SO2 NAAQS’’ 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 2010 1-hour SO2

NAAQS.

3/18/2014 4/26/2016 [Insert citation of publication in Federal Register].With the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C) 

and (J), the interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, 3, 

and 4), and the state board requirements of section 110(E)(ii). 

[FR Doc. 2016–09587 Filed 4–25–16; 8:45 am] 

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