[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Rules and Regulations]
[Pages 12343-12345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05242]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0444; FRL 9924-16-Region 4]


Approval and Promulgation of Implementation Plans; North Carolina 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a portion of the July 20, 2012, State Implementation 
Plan (SIP) submission, provided by the North Carolina Department of 
Environment and Natural Resources (NC DENR), Division of Air Quality 
(NCDAQ) for inclusion into the North Carolina SIP. This final action 
pertains to the Clean Air Act (CAA or the Act) infrastructure 
requirements for the 2008 Lead national ambient air quality standards 
(NAAQS). The CAA requires that each state adopt and submit a SIP for 
the implementation, maintenance, and enforcement of each NAAQS 
promulgated by EPA, which is commonly referred to as an 
``infrastructure'' SIP. NCDAQ certified that the North Carolina SIP 
contains provisions that ensure the 2008 Lead NAAQS is implemented, 
enforced, and maintained in North Carolina. With the exception of 
provisions pertaining to prevention of significant deterioration (PSD) 
permitting and state board requirements, EPA is taking final action to 
approve North Carolina's infrastructure SIP submission, provided to EPA 
on July 20, 2012, because it addresses the required infrastructure 
elements for the 2008 Lead NAAQS.

DATES: This rule is effective on April 8, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0444. 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 (formerly the Regulatory 
Development Section), Air Planning and Implementation Branch (formerly 
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. 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.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, 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. The telephone number is (404) 562-9152. Mr. Farngalo can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. Section 110(a) of the 
CAA generally requires states to make a SIP submission to meet 
applicable requirements in order to provide for the implementation, 
maintenance, and enforcement of a new or revised NAAQS within three 
years following the promulgation of such NAAQS, or within such shorter 
period as EPA may prescribe. These SIP submissions are commonly 
referred to as ``infrastructure'' SIP submissions. Section 110(a) 
imposes the obligation upon states to make an infrastructure SIP 
submission to EPA for a new or revised NAAQS, but the contents of that 
submission may vary depending upon the facts and circumstances. In 
particular, the data and analytical tools available at the time the 
state develops and submits the infrastructure SIP for a new or revised 
NAAQS affect the content of the submission. The contents of such 
infrastructure SIP submissions may also vary depending upon what 
provisions the state's existing SIP already contains. In the case of 
the 2008 Lead NAAQS, states typically have met the basic program 
elements required in section 110(a)(2) through earlier SIP submissions 
in connection with previous lead NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for infrastructure SIP requirements related to a 
newly established or revised NAAQS. As mentioned above, these 
requirements include basic structural SIP elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The applicable infrastructure 
SIP requirements that are the subject of this rulemaking are listed 
below.\1\
---------------------------------------------------------------------------

    \1\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather due at the time the nonattainment area 
plan requirements are due pursuant to other provisions of the CAA 
for submission of SIP revisions specifically applicable for 
attainment planning purposes. These requirements are: (1) 
Submissions required by section 110(a)(2)(C) to the extent that 
subsection refers to a permit program as required in part D Title I 
of the CAA; and (2) submissions required by section 110(a)(2)(I) 
which pertain to the nonattainment planning requirements of part D, 
Title I of the CAA. Today's proposed rulemaking does not address 
infrastructure elements related to section 110(a)(2)(I) or the 
nonattainment planning requirements of 110(a)(2)(C).

 110(a)(2)(A): Emission limits and other control measures.
 110(a)(2)(B): Ambient air quality monitoring/data system.

[[Page 12344]]

 110(a)(2)(C): Program for enforcement, prevention of 
significant deterioration (PSD) and new source review (NSR).\2\
---------------------------------------------------------------------------

    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
---------------------------------------------------------------------------

 110(a)(2)(D): Interstate and international transport 
provisions.
 110(a)(2)(E): Adequate personnel, funding, and authority.
 110(a)(2)(F): Stationary source monitoring and reporting.
 110(a)(2)(G): Emergency episodes.
 110(a)(2)(H): Future SIP revisions.
 110(a)(2)(J): Consultation with government officials, public 
notification, and PSD and visibility protection.
 110(a)(2)(K): Air quality modeling/data.
 110(a)(2)(L): Permitting fees.
 110(a)(2)(M): Consultation/participation by affected local 
entities.

    On November 20, 2014, EPA proposed to approve North Carolina's July 
20, 2012, 2008 Lead NAAQS infrastructure SIP submission with the 
exception of preconstruction PSD permitting requirements for major 
sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) and the 
state board requirements of 110(E)(ii), which EPA will address in a 
separate action. See 79 FR 69082.

II. Today's Action

    In this rulemaking, EPA is taking final action to approve North 
Carolina's July 20, 2012, infrastructure submission as demonstrating 
that the State meets the applicable requirements of sections 110(a)(1) 
and (2) of the CAA for the 2008 Lead NAAQS, with the exception of 
preconstruction PSD permitting requirements for major sources of 
sections 110(a)(2)(C), prong 3 of D(i), and (J); and the state board 
requirements of 110(E)(ii). EPA will act on these portions of North 
Carolina's July 20, 2012, submission in a separate action.

III. Final Action

    With the exception of provisions pertaining to preconstruction PSD 
permitting requirements for major sources of sections 110(a)(2)(C), 
prong 3 of D(i), and (J); and the state board requirements of 
110(E)(ii), EPA is approving North Carolina's July 20, 2012, 
infrastructure submission because it addresses the required 
infrastructure elements for the 2008 Lead NAAQS. This submission 
addresses infrastructure requirements for the 2008 Lead NAAQS for the 
North Carolina SIP. With the exceptions noted above, NC DENR has 
addressed the elements of the CAA 110(a)(1) and (2) SIP requirements to 
ensure that the 2008 Lead NAAQS is implemented, enforced, and 
maintained in North Carolina.

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 action:
     Is 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);
     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, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 May 8, 2015. 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, Lead, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 20, 2015.
 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(e), the table is amended by adding an entry 
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 
National Ambient Air Quality Standards'' at the end of the table to 
read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

[[Page 12345]]



                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        State       EPA  approval    Federal Register
            Provision              effective date       date             citation              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure        6/15/2012        3/9/2015  [Insert Federal      With the exception of
 Requirements for the 2008 Lead                                     Register citation].  PSD permitting
 National Ambient Air Quality                                                            requirements for major
 Standards.                                                                              sources of sections
                                                                                         110(a)(2)(C), prong 3
                                                                                         of D(i), and (J) and
                                                                                         the state board
                                                                                         requirements of
                                                                                         110(E)(ii).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-05242 Filed 3-6-15; 8:45 am]
 BILLING CODE 6560-50-P