[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24382-24385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9618]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0140(b); FRL-9662-3]


Approval and Promulgation of Air Quality Implementation Plans; 
North Carolina; Annual Emissions Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a portion of a 
state implementation plan (SIP) revision submitted on January 31, 2008, 
by the State of North Carolina, through the North Carolina Division of 
Air Quality (NCDAQ), to meet the emissions statements requirement for 
Charlotte, North Carolina. EPA is approving the addition of Cabarrus, 
Lincoln, Rowan, and Union Counties in their entireties and Davidson 
Township and Coddle Creek Township in Iredell County to the annual 
emissions reporting requirement into the North Carolina SIP. This 
action is being taken pursuant to section 110 and section 182 of the 
Clean Air Act (CAA or Act).

DATES: This direct final rule is effective June 25, 2012 without 
further notice, unless EPA receives adverse comment by May 24, 2012. 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 Number, ``EPA-
R04-OAR-2009-0140,'' by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: 404-562-9019.
    4. Mail: ``EPA-R04-OAR-2009-0140,'' Regulatory Development Section, 
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: Ms. Lynorae Benjamin, Chief, 
Regulatory Development Section, Air Planning 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 Number, ``EPA-R04-
OAR-2009-0140.'' 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 Regulatory Development Section, Air Planning 
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

[[Page 24383]]

schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 to 4:30, excluding federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Sara Waterson of the Regulatory 
Development Section, in 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. The 
telephone number is (404) 562-9061. Ms. Sara Waterson can be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for EPA's action?
II. What is EPA's analysis of the emissions statements for North 
Carolina?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What is the background for EPA's action?

    On July 18, 1997, EPA promulgated a revised NAAQS for ozone, 
setting the standard at 0.08 parts per million (ppm) averaged over an 
8-hour timeframe. This revised standard was established based on 
scientific evidence demonstrating that ozone causes adverse health 
effects at lower ozone concentrations and over longer periods of time, 
than was understood when the pre-existing 1-hour ozone standard was 
promulgated (62 FR 38855).\1\
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    \1\ EPA issued a revised 8-hour ozone standard on March 27, 2008 
(73 FR 16436). The designation and implementation process for that 
standard is underway and does not relate to this action.
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    On April 30, 2004, EPA published designations and classifications 
for the revised 1997 8-hour ozone standard (69 FR 23858). These actions 
became effective on June 15, 2004. North Carolina was required to 
develop nonattainment SIP revisions addressing the CAA requirements for 
its nonattainment areas. Among other things, North Carolina was 
required to address the emissions statements requirement pursuant to 
CAA section 182(a)(3)(B).
    Section 182(a)(3)(B) of the CAA, requires states with areas 
designated nonattainment for the ozone NAAQS (under subpart 2 of the 
Act) to submit a SIP revision to require emissions statements to be 
submitted to the state by sources within that nonattainment area. 
Specifically, CAA section 182(a)(3)(B) reads:

    (i) Within 2 years after November 15, 1990, the State shall 
submit a revision to the State implementation plan to require that 
the owner or operator of each stationary source of oxides of 
nitrogen or volatile organic compounds provide the State with a 
statement, in such form as the Administrator may prescribe (or 
accept an equivalent alternative developed by the State), for 
classes or categories of sources, showing the actual emissions of 
oxides of nitrogen and volatile organic compounds from that source. 
The first statement shall be submitted within 3 years after November 
15, 1990. Subsequent statements shall be submitted at least every 
year thereafter. The statement shall contain a certification that 
the information contained in the statement is accurate to the best 
knowledge of the individual certifying the statement.
    (ii) The State may waive the application of clause (i) to any 
class or category of stationary sources which emit less than 25 tons 
per year of volatile organic compounds or oxides of nitrogen if the 
State, in its submissions under subparagraph (1) or (3)(A), provides 
an inventory of emissions from such class or category of sources 
based on the use of the emission factors established by the 
Administrator or other methods acceptable to the Administrator.

    In a March 14, 2006,\2\ memorandum from Thomas C. Curran, Director 
Air Quality Assessment Division to EPA Regional Air Division Directors 
(Curran Memo), EPA clarified that the emissions statements requirement 
under the CAA section 182(a)(3)(B), is applicable to all areas 
designated nonattainment for the 1997 8-hour ozone NAAQS and classified 
marginal or higher under subpart 2, part D, title I of the CAA. 
Consistent with EPA's interpretation of the submission period for other 
subpart 2 obligations, the Curran Memo states that the 2-year 
submission period for the emissions statements rule for the 1997 8-hour 
ozone standard will run from the date an area was designated 
nonattainment and classified under subpart 2 for the 8-hour standard. 
Thus, states were required to submit their emissions statements rule by 
June 15, 2006, and the rule is required to provide that sources submit 
their first emissions statements to the state by no later than June 15, 
2007 (for the 2006 calendar year). The Curran Memo further states that 
if an area has a previously approved emissions statements rule for the 
1-hour standard that covers all portions of the designated 1997 8-hour 
ozone nonattainment area, such rule should be sufficient for purposes 
of the emissions statements requirement for the 1997 8-hour standard.
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    \2\ The March 14, 2006, Curran Memo can be found at http://www.epa.gov/ttnchie1/eidocs/eiguid/8hourozone_naaqs_031406.pdf.
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    North Carolina's annual emissions reporting requirement was 
approved into the SIP on August 1, 1997. See 64 FR 41277. The counties 
included in the August 1, 1997, approval included Davidson, Durham, 
Forsyth, Gaston, Guilford, Mecklenburg, and Wake County, the Dutchville 
Township in Granville County, and that part of Davie County bounded by 
the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton 
Creek and back to the Yadkin River. On January 31, 2008, North Carolina 
submitted additional counties to be included in the annual emissions 
reporting requirements to be consistent with the requirements of the 
CAA as a result of EPA's designation boundary for the 1997 8-hour ozone 
standard. In today's action, EPA is approving the addition of Cabarrus, 
Lincoln, Rowan, and Union Counties in their entireties and Davidson 
Township and Coddle Creek Township in Iredell County to the annual 
emissions reporting portion of the SIP revision submitted by the State 
of North Carolina on January 31, 2008, as required by section 
182(a)(3)(B). EPA will take action on the remaining portions of North 
Carolina's January 31, 2008, SIP revision in a separate action.\3\
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    \3\ The January 31, 2008, SIP submittal includes amendments to 
North Carolina Rules 15A NCAC 02D .0902, .0909, .1402, .1403, and 
02Q .0207. This action is approving the amendments to NCAC 02Q 
.0207.
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II. What is EPA's analysis of the Emissions Statements for North 
Carolina?

    North Carolina's SIP revision updates its regulation at 15A North 
Carolina Administrative Code (NCAC) 02Q .0207, to include Cabarrus, 
Lincoln, Rowan, and Union Counties in their entireties and Davidson 
Township and Coddle Creek Township in Iredell County and requires all 
owners or operators of stationary sources located in these areas with 
actual emissions of 25 tons per year or more of volatile organic 
compounds or nitrogen oxides, to submit a statement of actual emissions 
by June 30th of each year. EPA has evaluated North Carolina's January 
31, 2008, SIP revision as it relates to the emissions statements and 
has made the determination that it meets the requirements of CAA 
section 182(a)(3)(B).

III. Final Action

    EPA is taking direct final action to approve a portion of a SIP 
revision, submitted on January 31, 2008, by the State of North 
Carolina, through the NCDAQ, to meet the emissions statements 
requirement for the 1997 8-hour ozone NAAQS. This action is being taken 
pursuant to section 110 and section 182 of the CAA.

[[Page 24384]]

    EPA is publishing this rule without prior proposal because the 
Agency views this as a non-controversial amendment 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 comment be filed. This rule will be effective on June 25, 2012 
without further notice unless the Agency receives adverse comment by 
May 24, 2012. 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 public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. If no such comments 
are received, the public is advised this rule will be effective on June 
25, 2012 and no further action will be taken on the proposed rule.

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. 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 final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not 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 25, 2012. 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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 4, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart II--North Carolina

0
2. Section 52.1770(c) Table 1, is amended under Subchapter 2Q, section 
.0200 by revising the entry for ``Sect .0207'' to read as follows:


Sec.  52.1770  Identification of plan.

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    (c) * * *

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                                Table 1--EPA Approved North Carolina Regulations
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                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
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                                        Subchapter 2Q Air Quality Permits
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                                            Section .0200 Permit Fees
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Sect .0207.......................  Annual Emissions             7/1/07  4/24/2012 [Insert
                                    Reporting.                           citation of
                                                                         publication].
 
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[FR Doc. 2012-9618 Filed 4-23-12; 8:45 am]
BILLING CODE 6560-50-P