Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45473 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 28, 

2017. 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, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 19, 2017. 

Catherine R. McCabe, 

Acting Regional Administrator, Region 2. 

Part 52 chapter I, title 40 of the Code 

of Federal Regulations 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 FF—New Jersey 

■ 2. In § 52.1570(e), the table titled 

‘‘EPA APPROVED NEW JERSEY 

NONREGULATORY AND QUASIREGULATORY PROVISIONS’’ is 

amended by adding the entry ‘‘Regional 

Haze Five-Year Progress Report’’ at the 

end of the table to read as follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI–REGULATORY PROVISIONS

SIP element 

Applicable 

geographic or 

nonattainment area 

New Jersey 

submittal date 

EPA 

approval date Explanation 

*******

Regional Haze Five-Year Progress Report.State-wide .................. June 28, 2016 ...... September 29, 2017, [Federal Register page citation].

[FR Doc. 2017–20821 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0362; FRL–9968–10– 

Region 4] 

Air Plan Approval; North Carolina 

Miscellaneous Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving several 

changes to the North Carolina State 

Implementation Plan (SIP) submitted by 

the State of North Carolina, through the 

North Carolina Department of 

Environmental Quality (NCDEQ), on 

December 14, 2004, and March 1, 2016. 

The March 1, 2016, submission adds a 

new rule to the ‘‘Exclusionary Rules’’ of 

the North Carolina SIP, and the portion 

of the December 14, 2004, submission 

EPA is approving adds two new rules 

under a new section called ‘‘Permit 

Exemptions.’’ This action is being taken 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: This rule will be effective 

October 30, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0362. 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. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 14, 2004, and March 1, 

2016, the State of North Carolina, 

through NCDEQ, submitted revisions to 

the North Carolina SIP. The March 1, 

2016, submission which adds a new 

rule—15A NCAC 02Q .0809 Concrete 

Batch Plants—and a portion of the 

December 14, 2004, submission which 

adds two new rules—15A NCAC 02Q 

.0901, Purpose and Scope and .0902 

Portable Crushers. In a proposed 

rulemaking published on July 10, 2017 

(82 FR 31739), EPA proposed to approve 

these SIP revisions. The details of North 

Carolina’s SIP revision and the rationale 

for EPA’s action are explained in the 

proposed rulemaking. Comments on the 

proposed rulemaking were due on or 

before August 9, 2017. EPA did not 

receive any comments on the proposed 

action. 

II. 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 incorporation 

by reference of North Carolina Rules 

15A NCAC 02Q .0809 entitled 

‘‘Concrete Batch Plants’’ effective April 

1, 2004, a new exclusionary rule for 

concrete batch that excludes from Title 

V permitting requirements such 


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45474 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

facilities that operate below a specified 

annual production rate; 15A NCAC 02Q 

.0901 entitled ‘‘Purpose and Scope’’ 

effective January 1, 2005, a new 

exclusionary rule which provides for 

exclusions from construction and 

operating permits for certain types of 

sources and activities; and 15A NCAC 

02Q .0902 entitled ‘‘Portable Crushers’’ 

effective January 1, 2005, an 

exclusionary rule which provides for 

exclusions from construction and 

operating permits for portable crusher 

operations. 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally-enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or 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 approving North Carolina’s 

March 1, 2016, submission and a 

portion of the December 14, 2004, 

submission. The changes pertain to the 

addition of two new rules under a new 

section ‘‘Permit Exemptions’’ and a new 

rule to the ‘‘Exclusionary Rules’’ of the 

North Carolina SIP. These rule 

adoptions do not contravene federal 

permitting requirements or existing EPA 

policy, nor will they impact the NAAQS 

or interfere with any other applicable 

requirement of the Act. See 42 U.S.C. 

7410(l). 

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. Accordingly, these actions 

merely approve state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, these actions: 

• Are 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); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.); 

• are 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.); 

• do 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); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• are 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 

• do 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 November 28, 2017. 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, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 13, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

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. In § 52.1770, table 1 in paragraph 

(c) is amended under the heading 

‘‘Subchapter 2Q Air Quality Permits’’ 

by: 

■ a. Adding ‘‘Sect .0809’’ in numerical 

order. 

■ b. Adding the heading ‘‘Section .0900 

Permit Exemptions’’ and the entries 

‘‘Sect .0901’’ and ‘‘Sect .0902’’ at the 

end of the table. 

The additions read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45475 

TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Subchapter 2Q Air Quality Permits 

*******

Section .0800 Exclusionary Rules 

*******

Sect .0809 ......... Concrete Batch Plants .................. 4/1/2004 9/27/2017, [insert Federal Register citation].

*******

Section .0900 Permit Exemptions 

Sect .0901 ......... Purpose and Scope ...................... 1/1/2005 9/27/2017, [insert Federal Register citation].

Sect .0902 ......... Portable Crushers ......................... 1/1/2005 9/27/2017, [insert Federal Register citation].

* * * * * 

[FR Doc. 2017–20325 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0398; FRL–9968–5– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Nonattainment New Source 

Review Requirements for the 2008 8- 

Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the State 

of Maryland’s state implementation plan 

(SIP). The revision is in response to 

EPA’s February 3, 2017 Findings of 

Failure to Submit for various 

requirements relating to the 2008 8-hour 

ozone national ambient air quality 

standards (NAAQS). This SIP revision is 

specific to nonattainment new source 

review (NNSR) requirements. EPA is 

approving this revision in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This rule is effective on 

November 28, 2017 without further 

notice, unless EPA receives adverse 

written comment by October 30, 2017. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0398 at https://

www.regulations.gov, or via email to 

aquino.marcos@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the Web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Amy Johansen, (215) 814–2156, or by 

email at johansen.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 8, 2017, the Maryland 

Department of the Environment (MDE) 

submitted on behalf of the State of 

Maryland a formal revision, requesting 

EPA’s approval for the SIP of its NNSR 

Certification for the 2008 Ozone 

Standard (Revision 17–01). The SIP 

revision is in response to EPA’s final 

2008 8-hour ozone NAAQS Findings of 

Failure to Submit for NNSR 

requirements. See 82 FR 9158 (February 

3, 2017). Specifically, Maryland is 

certifying that its existing NNSR 

program, covering the Baltimore 

Nonattainment Area (which includes 

Anne Arundel, Baltimore, Carroll, 

Harford, and Howard Counties and the 

city of Baltimore), the PhiladelphiaWilmington-Atlantic City 

Nonattainment Area (which includes 

Cecil County in Maryland), and the 

Washington, DC Nonattainment Area 

(which includes Calvert, Charles, 

Frederick, Montgomery, and Prince 

Georges Counties in Maryland) for the 

2008 8-hour ozone NAAQS, is at least 

as stringent as the requirements at 40 

CFR 51.165, as amended by the final 

rule titled ‘‘Implementation of the 2008 

National Ambient Air Quality Standards 


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