[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45473-45475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20325]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0362; FRL-9968-10-Region 4]


Air Plan Approval; North Carolina Miscellaneous Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving several 
changes to the North Carolina State Implementation Plan (SIP) submitted 
by the State of North Carolina, through the North Carolina Department 
of Environmental Quality (NCDEQ), on December 14, 2004, and March 1, 
2016. The March 1, 2016, submission adds a new rule to the 
``Exclusionary Rules'' of the North Carolina SIP, and the portion of 
the December 14, 2004, submission EPA is approving adds two new rules 
under a new section called ``Permit Exemptions.'' This action is being 
taken pursuant to the Clean Air Act (CAA or Act).

DATES: This rule will be effective October 30, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0362. 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.

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 14, 2004, and March 1, 2016, the State of North 
Carolina, through NCDEQ, submitted revisions to the North Carolina SIP. 
The March 1, 2016, submission which adds a new rule--15A NCAC 02Q .0809 
Concrete Batch Plants--and a portion of the December 14, 2004, 
submission which adds two new rules--15A NCAC 02Q .0901, Purpose and 
Scope and .0902 Portable Crushers. In a proposed rulemaking published 
on July 10, 2017 (82 FR 31739), EPA proposed to approve these SIP 
revisions. The details of North Carolina's SIP revision and the 
rationale for EPA's action are explained in the proposed rulemaking. 
Comments on the proposed rulemaking were due on or before August 9, 
2017. EPA did not receive any comments on the proposed action.

II. 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 incorporation by reference of North 
Carolina Rules 15A NCAC 02Q .0809 entitled ``Concrete Batch Plants'' 
effective April 1, 2004, a new exclusionary rule for concrete batch 
that excludes from Title V permitting requirements such

[[Page 45474]]

facilities that operate below a specified annual production rate; 15A 
NCAC 02Q .0901 entitled ``Purpose and Scope'' effective January 1, 
2005, a new exclusionary rule which provides for exclusions from 
construction and operating permits for certain types of sources and 
activities; and 15A NCAC 02Q .0902 entitled ``Portable Crushers'' 
effective January 1, 2005, an exclusionary rule which provides for 
exclusions from construction and operating permits for portable crusher 
operations.
    Therefore, these materials have been approved by EPA for inclusion 
in the State implementation plan, have been incorporated by reference 
by EPA into that plan, are fully federally-enforceable under sections 
110 and 113 of the CAA as of the effective date of the final rulemaking 
of EPA's approval, and will be incorporated by reference by the 
Director of the Federal Register in the next update to the SIP 
compilation.\1\ EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 4 Office (please contact the person identified in the ``For 
Further Information Contact'' section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving North Carolina's March 1, 2016, submission and a 
portion of the December 14, 2004, submission. The changes pertain to 
the addition of two new rules under a new section ``Permit Exemptions'' 
and a new rule to the ``Exclusionary Rules'' of the North Carolina SIP. 
These rule adoptions do not contravene federal permitting requirements 
or existing EPA policy, nor will they impact the NAAQS or interfere 
with any other applicable requirement of the Act. See 42 U.S.C. 
7410(l).

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. 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, these 
actions merely approve state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, these actions:
     Are 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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 November 28, 2017. 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, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 13, 2017.
Onis ``Trey'' Glenn, III,
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. In Sec.  52.1770, table 1 in paragraph (c) is amended under the 
heading ``Subchapter 2Q Air Quality Permits'' by:
0
a. Adding ``Sect .0809'' in numerical order.
0
b. Adding the heading ``Section .0900 Permit Exemptions'' and the 
entries ``Sect .0901'' and ``Sect .0902'' at the end of the table.
    The additions read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

[[Page 45475]]



                                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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                                                  * * * * * * *
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                                        Subchapter 2Q Air Quality Permits
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                                                  * * * * * * *
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                                        Section .0800 Exclusionary Rules
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                                                  * * * * * * *
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Sect .0809.................  Concrete Batch Plants        4/1/2004  9/27/2017, [insert     .....................
                                                                     Federal Register
                                                                     citation].
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                                                  * * * * * * *
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                                         Section .0900 Permit Exemptions
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Sect .0901.................  Purpose and Scope....        1/1/2005  9/27/2017, [insert     .....................
                                                                     Federal Register
                                                                     citation].
Sect .0902.................  Portable Crushers....        1/1/2005  9/27/2017, [insert     .....................
                                                                     Federal Register
                                                                     citation].
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[FR Doc. 2017-20325 Filed 9-28-17; 8:45 am]
 BILLING CODE 6560-50-P