[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42733-42735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17683]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0368; FRL-9930-76-Region 4]


Approval and Promulgation of Implementation Plans; North 
Carolina; Nitrogen Dioxide and Sulfur Dioxide National Ambient Air 
Quality Standards Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the State Implementation Plan (SIP) revision 
submitted by the State of North Carolina, through the North Carolina 
Department of Environment and Natural Resources on August 13, 2012, 
pertaining to definition changes for the Nitrogen Dioxide 
(NO2) and Sulfur Dioxide (SO2) National Ambient 
Air Quality Standards (NAAQS). EPA is approving this SIP revision 
because the State has demonstrated that it is consistent with the Clean 
Air Act (CAA or Act).

DATES: This direct final rule is effective on September 18, 2015 
without further notice, unless EPA receives relevant adverse comment by 
August 19, 2015. If EPA receives such comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0368, 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-2015-0368'' 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.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. 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 No. ``EPA-R04-OAR-
2015-0368''. 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 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. EPA

[[Page 42734]]

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

    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS to protect public health and 
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards 
themselves. EPA's regulatory provisions that govern the NAAQS are found 
at 40 CFR 50--National Primary and Secondary Ambient Air Quality 
Standards. In this rulemaking, EPA is proposing to approve North 
Carolina's August 13, 2012, submission amending the State's NAAQS for 
NO2 and SO2 that are found at 15A NCAC 02D .0407 
and .0402. The SIP submittal amending North Carolina's rules to 
incorporate the NAAQS can be found in the Docket for this proposed 
rulemaking at www.regulations.gov and are summarized below.

II. EPA's Analysis of North Carolina's SIP Revision

A. NO2

    On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for 
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. Accordingly, in the 
August 3, 2012, SIP submission, North Carolina revised state rule 15A 
NCAC 02D .0407 Nitrogen Dioxide to update the primary air quality 
standard for NO2 to be consistent with the NAAQS that were 
promulgated by EPA in 2010. EPA has reviewed this change to North 
Carolina's rule for NO2 and has made the determination that 
this change is consistent with federal regulations.

B. SO2

    On June 22, 2010, EPA promulgated a revised primary SO2 
NAAQS to an hourly standard of 75 ppb based on a 3-year average of the 
annual 99th percentile of 1-hour daily maximum concentrations. See 75 
FR 35520. Accordingly, in the August 3, 2012, SIP submission, North 
Carolina revised state rule 15A NCAC 02D .0402 Sulfur Oxides to update 
the primary air quality standard for SO2 to be consistent 
with the SO2 NAAQS that were promulgated by EPA in 2010. EPA 
has reviewed the change to North Carolina's rule for SO2 and 
has made the determination that these changes are consistent with 
federal regulations.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporate by reference of NCDENR 
regulations 15A NCAC 02D .0407 Nitrogen Dioxide and 15A NCAC 02D .0402 
Sulfur Oxides effective September 1, 2011, which were revised to be 
consistent with the current NAAQS. EPA has made, and will continue to 
make, these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

IV. Final Action

    EPA is approving the aforementioned changes to the North Carolina 
SIP, because they are consistent with EPA's standards for 
NO2 and SO2. EPA is publishing this rule without 
prior proposal because the Agency views this as a noncontroversial 
submittal 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 comments be filed. This rule will be effective 
September 18, 2015 without further notice unless the Agency receives 
adverse comments by August 19, 2015.
    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 adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on September 18, 2015 and 
no further action will be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the Agency may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

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. See 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

[[Page 42735]]

health or environmental effects, using practicable and legally 
permissible methods, under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    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.
    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 September 18, 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. 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, Sulfur 
dioxide, Reporting and recordkeeping requirements.

    Dated: July 6, 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(c) is amended under Table 1, at Subchapter 2D Air 
Pollution Control Requirements, Section .0400 Ambient Air Quality 
Standards by revising the entries for ``.0402,'' and ``.0407'' to read 
as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                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 2D Air Pollution Control Requirements
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                                                  * * * * * * *
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                                   Section .0400 Ambient Air Quality Standards
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                                                   * * * * * *
Sect .0402.....................  Sulfur Dioxide.........        9/1/2011  7/20/2015 [Insert
                                                                           citation of
                                                                           publication].
 
                                                  * * * * * * *
Sect .0407.....................  Nitrogen Dioxide.......        9/1/2011  7/20/2015 [Insert  ...................
                                                                           citation of
                                                                           publication].
 
                                                  * * * * * * *
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[FR Doc. 2015-17683 Filed 7-17-15; 8:45 am]
 BILLING CODE 6560-50-P