[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Rules and Regulations]
[Pages 31955-31957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11290]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0472; FRL-9646-02-R4]


Air Plan Approval; North Carolina; Repeal of Delegation Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of North 
Carolina's Department of Environmental Quality (DEQ), Division of Air 
Quality (DAQ or Division), via a letter dated April 13, 2021. This 
rulemaking addresses the repeal of a State regulation related to 
delegation of authority and removal of the regulation from the North 
Carolina SIP. EPA is finalizing approval of these changes pursuant to 
the Clean Air Act (CAA or Act).

DATES: This rule is effective June 27, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0472. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be 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 and Radiation 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: Andres Febres, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960.

[[Page 31956]]

The telephone number is (404) 562-8966. Mr. Febres can also be reached 
via electronic mail at <a href="/cdn-cgi/l/email-protection#0d6b686f7f687e20606c7f7964636877236c63697f687e4d687d6c236a627b"><span class="__cf_email__" data-cfemail="d4b2b1b6a6b1a7f9b9b5a6a0bdbab1aefab5bab0a6b1a794b1a4b5fab3bba2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 13, 2021, the State of North Carolina submitted changes to 
the North Carolina SIP for EPA's approval.\1\ Through this final 
rulemaking, EPA is approving changes to the North Carolina SIP related 
to 15A North Carolina Administrative Code (NCAC) Subchapter 02D, Rule 
.0615, Delegation.\2\ The April 13, 2021, SIP revision removes the 
aforementioned regulation from the SIP because the regulation is 
unnecessary and has been repealed at the state level.
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    \1\ EPA received the submittal on April 14, 2021, and for 
clarity, refers to the submission per its ``letter date'' of April 
13, 2021, throughout this notice.
    \2\ EPA notes that the Agency received several revisions to the 
North Carolina SIP that were transmitted with the same April 13, 
2021, cover letter. EPA will be considering action for these other 
SIP revisions in separate rulemakings.
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    Through a Notice of Proposed Rulemaking (NPRM), EPA proposed to 
approve these changes on March 31, 2022. See 87 FR 18759. More details 
on North Carolina's April 13, 2021, submission and EPA's rationale for 
approving the aforementioned changes can be found in the March 31, 
2022, NPRM. Comments on the NPRM were due on or before May 2, 2022. No 
comments were received on the March 31, 2022, NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. Specifically, EPA is finalizing the removal 
of 15A NCAC 02D, Rule .0615, Delegation, from the North Carolina State 
Implementation Plan, which is incorporated by reference in accordance 
with the requirements of 1 CFR part 51. EPA has made and will continue 
to make the SIP generally available at the EPA Region 4 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

III. Final Action

    EPA is finalizing the approval of changes to the North Carolina 
SIP. Specifically, for the reasons described in the March 31, 2022, 
NPRM, EPA is finalizing the removal of 15 NCAC 02D, Rule .0615, 
Delegation, from the North Carolina SIP.

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. 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. 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 July 25, 2022. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 20, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

[[Page 31957]]

Subpart II--North Carolina


Sec.  52.1770  [Amended]

0
2. In Sec.  52.1770(c), amend Table (1) ``EPA Approved North Carolina 
Regulations'' by removing the entry for ``Section .0615.''

[FR Doc. 2022-11290 Filed 5-25-22; 8:45 am]
BILLING CODE 6560-50-P


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