[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Rules and Regulations]
[Pages 66654-66655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26521]



[[Page 66654]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0765; FRL-9918-94-Region 4]


Approval and Promulgation of Implementation Plans; North 
Carolina; Approval of Revisions to Inspection and Maintenance (I/M) 
Regulations Within the North Carolina State Implementation Plan; 
Correcting Amendment

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: On October 30, 2002, the Environmental Protection Agency (EPA) 
published a direct final rule in the Federal Register approving North 
Carolina State Implementation Plan (SIP) revisions, submitted through 
the North Carolina Department of Environment and Natural Resources (NC 
DENR), Division of Air Quality (DAQ), regarding the State's enhanced 
inspection and maintenance (I/M) program. This correcting amendment 
corrects inadvertent errors for two rule titles in the regulatory text 
of EPA's October 30, 2002, direct final rule.

DATES: This action is effective November 10, 2014.

ADDRESSES: Copies of the documentation used in the action being 
corrected are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency, Region 4, 
61 Forsyth Street SW., Atlanta, Georgia 30303-8960. 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 C. 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 also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: This action corrects the titles for two 
North Carolina regulations that appear in North Carolina's 
Identification of Plan at section 40 CFR 52.1770(c) under Table 1, at 
Subchapter 2D Air Pollution Control Requirements, Section .1000 Motor 
Vehicle Emissions Control Standard. The two titles that appear in Table 
1 as approved in EPA's direct final rulemaking on October 30, 2002 (67 
FR 66056), are Sect .1004 ``Emissions Standards'' and Sect .1005 
``Measurement and Enforcement.'' However, the rule titles should read 
Sect .1004 ``Tailpipe Emission Standards for CO and HC'' and Sect .1005 
``On-Board Diagnostic Standards'' as provided in the red-line/
strikethrough portion of NC DENR's August 7, 2002, SIP revision. EPA is 
correcting these inadvertent errors by replacing the current titles for 
Sect .1004 and Sect .1005 with the correct titles into North Carolina's 
Identification of Plan section of the Code of Federal Regulations (CFR) 
at 40 CFR 52.1770(c).
    EPA has determined that this action falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedure Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation where public notice and comment 
procedures are impracticable, unnecessary or contrary to the public 
interest. Public notice and comment for this action are unnecessary 
because this action to insert the correct titles in the CFR for Sect 
.1004 and Sect .1005 for North Carolina's regulations has no 
substantive impact on EPA's October 30, 2002, approval. The use of 
incorrect titles as printed for the two regulations in the regulatory 
text section of EPA's direct final rule published on October 30, 2002, 
makes no substantive difference to EPA's analysis as set out in the 
rule. In addition, EPA can identify no particular reason why the public 
would be interested in having the opportunity to comment on the 
corrections prior to this action being finalized, since this correcting 
amendment does not change the meaning of the regulations at issue or 
otherwise change EPA's analysis of North Carolina's enhanced I/M SIP 
revision. See 67 FR 66056.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for these corrections to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). 
The purpose of the 30-day waiting period prescribed in APA section 
553(d)(3) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. This rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, this rule merely corrects inadvertent errors for the 
two aforementioned rule titles contained in the North Carolina 
regulations which EPA approved on October 30, 2002. For these reasons, 
EPA finds good cause under APA section 553(d)(3) for this correction to 
become effective on the date of publication of this action.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely corrects inadvertent errors for the two aforementioned rule 
titles contained in the North Carolina regulations which EPA approved 
on October 30, 2002, and it imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule merely corrects 
inadvertent errors for the two aforementioned rule titles contained in 
the North Carolina regulations which EPA approved on October 30, 2002, 
and does not impose any additional enforceable duty beyond that 
required by state law, it 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).
    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.
    This rule also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in

[[Page 66655]]

Executive Order 13132 (64 FR 43255, August 10, 1999). This rule merely 
corrects inadvertent errors for the two aforementioned rule titles 
contained in the North Carolina regulations which EPA approved on 
October 30, 2002, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act (CAA). This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant. In addition, this rule does not involve technical 
standards, thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. This rule also does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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 
rule 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).

 List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: October 23, 2014.
V. Anne Heard,
Acting 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 in Table 1, under ``Subchapter 2D Air 
Pollution Control Requirements'', ``Section .1000 Motor Vehicle 
Emissions Control Standard'' by revising the entries for ``Sect .1004'' 
and ``Sect .1005'' to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA-Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
         State citation              Title/Subject     effective date   EPA Approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Section .1000 Motor Vehicle Emissions Control Standard
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect .1004......................  Tailpipe Emission          7/1/2002  11/10/2014 [Insert   ....................
                                   Standards for CO                     Federal Register
                                   and HC.                              citation].
Sect .1005......................  On-Board Diagnostic        7/1/2002  11/10/2014 [Insert   ....................
                                   Standards.                           Federal Register
                                                                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2014-26521 Filed 11-7-14; 8:45 am]
BILLING CODE 6560-50-P