[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Rules and Regulations]
[Pages 36655-36657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15151]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0602; FRL-9912-83-Region-4]


Approval and Promulgation of Implementation Plans for North 
Carolina: State Implementation Plan Miscellaneous Revisions

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the portions of a revision to the North Carolina 
State Implementation Plan (SIP), submitted by the North Carolina 
Department of Environment and Natural Resources (NC DENR) on February 
3, 2010, that incorporate changes to the state rules reflecting the 
2006 national ambient air quality standards (NAAQS) for particulate 
matter (PM). EPA approved the remaining portions of North Carolina's 
February 3, 2010, SIP revision in a previous rulemaking.

DATES: This rule will be effective on July 30, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2007-0602. 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 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 
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: Nacosta Ward, 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. The telephone number is (404) 
562-9140. Ms. Ward can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. This Action
II. Background
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. This Action

    EPA is taking final action to approve the portions of North 
Carolina's February 3, 2010, SIP revision that relate to the 
PM2.5 and PM10 NAAQS (collectively referred to as 
the ``PM NAAQS''). On May 16, 2013, EPA published a direct final rule 
approving the portions of North Carolina's February 3, 2010, submission 
that incorporate amendments to state rules 15A NCAC 02D .0405, .0408, 
.0409, and .0410 reflecting the NAAQS for ozone, lead, and PM in effect 
at the time of submittal. See 78 FR 28747.
    EPA published an accompanying proposed approval to the May 16, 
2013, direct final rule in the event that EPA received adverse comment 
and withdrew the direct final rulemaking. See 78 FR 28775. In the 
direct final rule, EPA stated that if adverse comments were received by 
June 17, 2013, the rule would be withdrawn and not take effect, the 
proposed rule would remain in

[[Page 36656]]

effect, and an additional public comment period would not be 
instituted.
    On May 23, 2013, EPA received comments from a single commenter 
solely on the portions of the rulemaking related to the 
PM2.5 NAAQS; therefore, EPA withdrew the PM portions of the 
direct final rule. See 78 FR 41850 (July 12, 2013). The withdrawal of 
the PM portions did not affect EPA's May 16, 2013, direct final action 
on North Carolina's SIP revisions related to the ozone and lead NAAQS. 
EPA is now taking final action to approve only the portions of the 
February 3, 2010, SIP revision related to the PM NAAQS. EPA has 
reviewed the changes to North Carolina Rules 15A NCAC 02D .0410 
``PM2.5 Particulate Matter'' and 15A NCAC 02D .0409 
``PM10 Particulate Matter'' and determined that these 
changes are consistent with federal regulations in effect at the time 
of SIP submission; thus, EPA is approving these revisions to the North 
Carolina SIP.

II. Background

    EPA approved a North Carolina's SIP revision on October 22, 2002, 
that adopted the 1997 24-hour PM2.5 NAAQS and 1997 annual 
PM2.5 NAAQS set at 65 micrograms per cubic meter ([mu]g/
m\3\) and 15 [mu]g/m\3\, respectively. See 67 FR 64990. On October 17, 
2006, EPA revised the 24 hour PM2.5 NAAQS to 35 [mu]g/m\3\ 
and retained the annual PM2.5 NAAQS at 15 [mu]g/m\3\.\1\ See 
71 FR 61144. Accordingly, NC DNER submitted a SIP revision on February 
3, 2010, that, among other things, incorporates revisions to state rule 
15A NCAC 02D .0410 ``PM2.5 Particulate Matter'' that update 
the rule for consistency with the 2006 PM2.5 NAAQS.
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    \1\ On December 14, 2012, EPA strengthened the primary annual 
PM2.5 NAAQS to 12.0 [mu]g/m\3\ and retained the 24-hour 
PM2.5 NAAQS at 35 [mu]g/m\3\. See 78 FR 3086 (January 15, 
2013).
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    EPA approved a North Carolina SIP revision on January 16, 1990, 
that adopted the initial 1987 24-hour PM10 NAAQS and 1987 
annual PM10 NAAQS set at 150 [mu]g/m\3\ and 50 [mu]g/m\3\, 
respectively. See 55 FR 1419. On October 17, 2006, EPA retained the 24-
hour PM10 NAAQS at 150 [mu]g/m\3\ and revoked the annual 
PM10 NAAQS. See 71 FR 61144. Accordingly, in the February 3, 
2010, SIP submission, NC DENR incorporated revisions to state rule 15A 
NCAC 02D .0409 ``PM10 Particulate Matter'' that update the 
rule for consistency with the 2006 PM10 NAAQS.

III. Response to Comments

    On May 23, 2013, EPA received a comment from one member of the 
general public. While the comment was generally in support of EPA's 
action, EPA withdrew the direct final rule because the comment could be 
interpreted as adverse. A summary of the comment and EPA's response is 
provided below.
    Comment: The commenter noted that EPA revised the PM2.5 
NAAQS in 2012, and he recommended that EPA ``approve the SIPs as 
submitted, with a further recommendation to submit a revised SIP 
reflecting the new standard within a reasonable amount of time (as 
determined by EPA).''
    Response: Although EPA recently updated the annual PM2.5 
NAAQS, the State submitted its SIP revision prior to the December 14, 
2012, promulgation of the new standard, published on January 15, 2013 
(see 78 FR 3086). As mentioned above, NC DENR submitted its SIP 
revision to update the PM NAAQS on February 3, 2010, in response to 
EPA's promulgation of the 2006 PM NAAQS. EPA believes that it is 
appropriate to approve North Carolina's February 3, 2010, SIP revision, 
as it reflects the PM NAAQS in effect at that time, these NAAQS remain 
in effect, and the 2012 PM2.5 NAAQS was not promulgated at 
that time. EPA notes that today's action does not relieve North 
Carolina of any current or future requirements regarding the 2012 
PM2.5 NAAQS and that NC DENR is currently working on a SIP 
submittal to adopt the 2012 PM2.5 NAAQS.

IV. Final Action

    EPA is approving the portions of North Carolina's February 3, 2010, 
SIP revision that relate to the PM NAAQS because they are consistent 
with the PM NAAQS in effect at the time of submittal.

V. 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 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, 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).

[[Page 36657]]

    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 August 29, 2014. 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, Particulate Matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: June 16, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended 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.

Subpart II--North Carolina

0
2. Section 52.1770 (c) is amended under Table 1, at Subchapter 2D Air 
Pollution Control Requirements, Section .0400 Ambient Air Quality 
Standards by revising the entries for ``.0409,'' and ``.0410'' to read 
as follows:


Sec.  52.1770  Identification of plan

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    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
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                                                            State
          State citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
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                                Subchapter 2D Air Pollution Control Requirements
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                                                  * * * * * * *
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                                   Section .0400 Ambient Air Quality Standards
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                                                  * * * * * * *
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Section .0409....................  Particulate Matter..     1/1/2010  6/30/2014 [Insert
                                                                       Federal Register
                                                                       citation].
Section .0410....................  PM2.5 Particulate        1/1/2010  6/30/2014 [Insert
                                    Matter.                            Federal Register
                                                                       citation].
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[FR Doc. 2014-15151 Filed 6-27-14; 8:45 am]
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