[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Rules and Regulations]
[Pages 41850-41851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16654]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0602; FRL-9831-6]


Approval and Promulgation of Implementation Plans for North 
Carolina: Partial Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; partial withdrawal.

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SUMMARY: Due to comments received, EPA is publishing a partial 
withdrawal of the direct final approval of revisions to the North 
Carolina State Implementation Plan (SIP). EPA stated in the direct 
final rule that if EPA received adverse comments by June 17, 2013, the 
rule would be withdrawn and not take effect.

DATES: This partial withdrawal is effective July 12, 2013.

FOR FURTHER INFORMATION CONTACT: Sara Waterson, Air Planning Branch, 
U.S. Environmental Protection Agency Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Phone number: (404) 562-9061; Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On May 16, 2013 (78 FR 28747), EPA published 
a direct final rulemaking to approve a portion of North Carolina's 
February 3, 2010, SIP submission that updates the North Carolina SIP to 
incorporate EPA's current national ambient air quality standards 
(NAAQS) for ozone, lead, and particulate matter (PM). The SIP 
submission contains amendments to North Carolina Rules 15A NCAC 02D 
.0405, .0408, .0409, and .0410 reflecting EPA's current NAAQS for the 
aforementioned criteria pollutants. On May 16, 2013, EPA also published 
an accompanying proposed rulemaking to approve the SIP revision in the 
event that EPA received adverse comments on the direct final 
rulemaking. See 78 FR 28775.
    In the direct final rulemaking, EPA explained that the Agency was 
publishing the rule without prior proposal because the Agency viewed 
the submittal as a non-controversial SIP amendment and anticipated no 
adverse comments. Further, EPA explained that the Agency was publishing 
a separate document in the proposed rules section of the Federal 
Register to serve as the proposal to approve the SIP revision should an 
adverse comment be filed. EPA also noted that the rules would be 
effective on July 15, 2013, without further notice unless the Agency 
received adverse comment by June 17, 2013. EPA explained that if the 
Agency received such comments, then EPA would publish a document 
withdrawing the final rule and informing the public that the rule would 
not take effect. It was also explained that all public comments 
received would then be addressed in a subsequent final rule based on 
the proposed rule, and that EPA would not institute a second comment 
period on these actions. The public was advised that if no comments 
were received that the rules would be effective on July 15, 2013, with 
no further actions on the proposed rule.
    On May 23, 2013, EPA received a comment from a single commenter 
that could be viewed as adverse with regard to the approval action that 
EPA contemplated for the PM portion of the North Carolina SIP revision. 
In summary, the commenter noted that the portion of North Carolina's 
SIP revision related to the PM2.5 NAAQS that was addressed 
in EPA's May 16, 2013, rulemaking actions did not reflect EPA's 
December 2012 revision to this standard. The commenter recommended that 
EPA approve the SIP as submitted and encourage North Carolina to update 
its SIP to reflect the December 2012 update within a reasonable amount 
of time. The commenter expressed support for EPA's approval of the 
portions of the SIP revision that incorporated updates to the other 
NAAQS subject to the May 16, 2013, rulemakings.
    As result of this comment, EPA is withdrawing the direct final 
action related solely to the PM portion of the North Carolina SIP 
revision. Specifically, through today's action, EPA is withdrawing the 
May 16, 2013, direct final approval of North Carolina's SIP submission 
to update the PM NAAQS via incorporation of amended North Carolina 
Rules 15A NCAC 02D .0410 ``PM2.5 Particulate Matter'' and 
15A NCAC 02D .0409 ``PM10 Particulate Matter'' into the SIP.
    As indicated in the direct final rulemaking, EPA's May 16, 2013, 
proposed rulemaking approving North Carolina's SIP revision related to 
the PM NAAQS is still in effect. The Agency is not opening an 
additional comment period and will only consider the comments received 
prior to June 17, 2013, the close of the public comment period. If EPA 
determines that it is appropriate to finalize the proposed approval of 
the North Carolina SIP revision related to the PM NAAQS, EPA will 
publish a final rule which will include a response to the comment 
received. In the event that EPA determines that it is not appropriate 
to finalize the proposed approval related to the PM NAAQS, EPA may 
issue a subsequent proposal with a different course of action.
    Today's withdrawal action does not affect EPA's May 16, 2013, 
direct final action on North Carolina's SIP revision related to the 
ozone and lead NAAQS.

[[Page 41851]]

The SIP revision updating the ozone and lead NAAQS are approved and 
updated North Carolina Rules 15A NCAC 02D .0405 and .0408 are 
incorporated into the SIP as of the effective date of the May 16, 2013, 
direct final action (July 15, 2013).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: June 28, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.


Sec.  52.1770  [Amended]

    For the reasons set forth in the preamble, EPA withdraws the 
revision of the entries for .0409 and .0410 in Table 1 of Sec.  
52.1770(c) published at 78 FR 28747 (May 16, 2013).

[FR Doc. 2013-16654 Filed 7-11-13; 8:45 am]
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