[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67645-67647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27881]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0440; FRL-9936-35-Region 4]


Air Plan Approval; North Carolina; Conflict of Interest 
Infrastructure Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the North Carolina State Implementation 
Plan (SIP), submitted by the North Carolina Department of Environment 
and Natural Resources (DENR), Division of Air Quality (DAQ), on 
February 5, 2013, and supplemented on July 27, 2015. The submissions 
pertain to conflict of interest requirements of the Clean Air Act (CAA 
or Act) and were submitted to satisfy the infrastructure SIP sub-
element related to the state board for the 2010 Nitrogen Dioxide 
(NO2) National Ambient Air Quality Standards (NAAQS), 2010 
Sulfur Dioxide (SO2) NAAQS, 2008 8-hour Ozone NAAQS and 2008 
Lead NAAQS. The CAA requires that each state adopt and submit a SIP for 
the implementation, maintenance, and enforcement of each NAAQS 
promulgated by EPA, commonly referred to as an ``infrastructure'' SIP, 
which includes conflict of interest requirements. EPA is taking final 
action to approve the portions of North Carolina's 2010 NO2 
infrastructure SIP, 2010 SO2 infrastructure SIP, 2008 8-hour 
ozone infrastructure SIP, and 2008 Lead infrastructure SIP as meeting 
these State board requirements. EPA is also taking final action to 
convert conditional approvals related to the state board requirements 
for the 1997 8-hour ozone NAAQS, and the 1997 Annual Fine Particulate 
Matter (PM2.5) and 2006 24-hour PM2.5 NAAQS to 
full approval under the CAA. EPA notes that all other applicable North 
Carolina infrastructure SIP elements for the above listed NAAQS have 
been or will be addressed in separate rulemakings.

DATES: This rule will be effective December 3, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0440. 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, 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 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: Sean Lakeman, 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. Mr. Lakeman can be reached by telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    SIPs meeting the requirements of sections 110(a)(1) and (2) of the 
CAA are to be submitted by states within three years after promulgation 
of a new or revised NAAQS. Sections 110(a)(1) and (2) require states to 
address basic SIP requirements, including emissions inventories, 
monitoring, and modeling to assure attainment and maintenance of the 
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.
    EPA is taking final action to approve North Carolina's February 5, 
2013, and July 27, 2015, submissions as: (1) Satisfying the 
requirements of section 128 of the CAA; and (2) the infrastructure SIP 
sub-element for section 110(a)(2)(E)(ii) related to the state board 
requirements for the 2010 NO2 NAAQS, 2010 SO2 
NAAQS, 2008 8-hour Ozone NAAQS and 2008 Lead NAAQS.\1\ Additionally, 
North Carolina's February 5, 2013, and July 27, 2015, submissions 
satisfy EPA's multiple conditional approvals of sub-element 
110(a)(2)(E)(ii) published on February 6, 2012 (77 FR 5703), and 
October 16, 2012 (77 FR 63234), for the 1997 8-hour ozone NAAQS, and 
1997

[[Page 67646]]

annual and 2006 24-hour PM2.5 NAAQS, respectively.\2\ As a 
result of today's action approving the State's submissions as meeting 
section 128 of the CAA, EPA is converting the aforementioned 
conditional approvals to full approvals regarding North Carolina's 
infrastructure requirements for section 110(a)(2)(E)(ii) for the 1997 
8-hour ozone NAAQS, and 1997 annual and 2006 24-hour PM2.5 
NAAQS.
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    \1\ Sub-element 110(a)(2)(E)(ii) was previously submitted by 
North Carolina DAQ previous submissions to EPA to satisfy the state 
board requirements for the referenced NAAQS. EPA is taking final 
action to approve the February 5, 2013, and July 27, 2015, final 
submissions in conjunction with the previously submissions for the 
2010 NO2 NAAQS (August 23, 2013), 2010 SO2 
NAAQS (March 18, 2014), 2008 8-hour Ozone NAAQS (November 2, 2012), 
and 2008 Lead NAAQS (July 20, 2012) as satisfying for the state 
board requirements of section 110(a)(2)(E)(ii) sub-element.
    \2\ Sub-element 110(a)(2)(E)(ii) was previously submitted by 
North Carolina DAQ to EPA to satisfy the state board requirements 
for the referenced NAAQS. EPA is taking final action to approve the 
February 5, 2013, and July 27, 2015, final submissions in 
conjunction with the previous conditional approvals for the 1997 8-
hour ozone NAAQS and 1997 annual and 2006 24-hour PM2.5 
NAAQS as satisfying the state board requirements for this sub-
element.
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    EPA proposed to approve the February 5, 2013, and July 27, 2015, 
submissions in a notice of proposed rulemaking (NPR) published on 
August 24, 2015. See 80 FR 51167. The details of North Carolina's 
submittals and the rationale for EPA's actions are explained in the 
NPR. Comments on the proposed rulemaking were due on or before 
September 23, 2015. No adverse comments were received.

II. Final Action

    As described above, EPA is taking final action to approve North 
Carolina's February 5, 2013, and July 27, 2015, submissions concerning 
the conflict of interest requirements of CAA section 128(a)(2) for 
inclusion into the North Carolina SIP.\3\ Specifically, EPA is 
approving North Carolina's submissions related to the Secretary of the 
DENR and his/her delegatee that approve air permits or enforcement 
orders and as it relates to appealed matters decided by administrative 
law judges (ALJs). Additionally, EPA is approving the portions of North 
Carolina's 2010 NO2 infrastructure SIP, 2010 SO2 
infrastructure SIP, 2008 8-hour ozone infrastructure SIP, and 2008 Lead 
infrastructure SIP related to 110(a)(2)(E)(ii). EPA is also converting 
previous conditional approvals for North Carolina's infrastructure 
submissions for the 1997 8-hour ozone NAAQS, 1997 annual and 2006 24-
hour PM2.5 NAAQS addressing CAA section 110(a)(2)(E)(ii) 
requirements to approvals.
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    \3\ As noted in the NPR, as of October 1, 2012, North Carolina 
has no boards or bodies with authority over air pollution permits or 
enforcement orders and therefore the requirements of section 
128(a)(1) are not applicable.
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III. 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 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 January 4, 2016. 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, Nitrogen dioxide, Ozone, 
Particulate Matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: October 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), is amended by adding new entries for ``110(a)(1) 
and (2) Infrastructure Requirements for the 1997 8-hour Ozone NAAQS'', 
``110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual 
PM2.5 NAAQS'', ``110(a)(1) and (2) Infrastructure 
Requirements for the 2006 24-hour PM2.5 NAAQS'', ``110(a)(1) 
and (2) Infrastructure Requirements for the 2008

[[Page 67647]]

Lead NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 
2008 8-hour Ozone NAAQS'', ``110(a)(1) and (2) Infrastructure 
Requirements for the 2010 NO2 NAAQS'', ``110(a)(1) and (2) 
Infrastructure Requirements for the 2010 SO2 NAAQS'' and 
``Chapter 7A section 754 of the North Carolina General Statues'' at the 
end of the table to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                        State         EPA
             Provision                effective     Approval      Federal Register            Explanation
                                         date         date            citation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 1997 8-hour                               Register citation].    as it relates to the
 Ozone NAAQS.                                                                          Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 1997 Annual                               Register citation].    as it relates to the
 PM2.5 NAAQS.                                                                          Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 2006 24-hour                              Register citation].    as it relates to the
 PM2.5 NAAQS.                                                                          Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015  ...........  .....................  approving 110(a)(2)(E)(ii)
 Requirements for the 2008 Lead                                                        as it relates to the
 NAAQS.                                                                                Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015  ...........  .....................  approving 110(a)(2)(E)(ii)
 Requirements for the 2008 8-hour                                                      as it relates to the
 Ozone NAAQS.                                                                          Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 2010 NO2                                  Register citation].    as it relates to the
 NAAQS.                                                                                Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
110(a)(1) and (2) Infrastructure       7/27/2015    11/3/2015  [Insert Federal        approving 110(a)(2)(E)(ii)
 Requirements for the 2010 SO2                                  Register citation].    as it relates to the
 NAAQS.                                                                                Secretary of the DENR and
                                                                                       his/her delegatee that
                                                                                       approve permit or
                                                                                       enforcement orders and
                                                                                       appealed matters decided
                                                                                       by ALJs.
Chapter 7A section 754 of the North    7/27/2015    11/3/2015  [Insert Federal        Specifically, the
 Carolina General Statues.                                      Register citation].    following paragraph of 7A-
                                                                                       754 stating ``The Chief
                                                                                       Administrative Law Judge
                                                                                       and the administrative
                                                                                       law judges shall comply
                                                                                       with the Model Code of
                                                                                       Judicial Conduct for
                                                                                       State Administrative Law
                                                                                       Judges, as adopted by the
                                                                                       National Conference of
                                                                                       Administrative Law
                                                                                       Judges, Judicial
                                                                                       Division, American Bar
                                                                                       Association, (revised
                                                                                       August 1998), as amended
                                                                                       from time to time, except
                                                                                       that the provisions of
                                                                                       this section shall
                                                                                       control as to the private
                                                                                       practice of law in lieu
                                                                                       of Canon 4G, and G.S. 126-
                                                                                       13 shall control as to
                                                                                       political activity in
                                                                                       lieu of Canon 5.'' is
                                                                                       approved into the SIP.
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Sec.  52.1773  [Amended]

0
3. Amend Sec.  52.1773 by removing paragraph (a), and redesignating 
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.

[FR Doc. 2015-27881 Filed 11-2-15; 8:45 am]
 BILLING CODE 6560-50-P