[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14308-14312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06734]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0301; FRL-9991-63-Region 4]


Air Plan Approval; NC: Readoption of Air Quality Rules and 
Removal of the Oxygenated Gasoline Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by the North Carolina Department of Environmental Quality, Division of 
Air Quality (DAQ), on March 21, 2018, readopting and amending several 
air quality rules, and requesting to remove the rules for the 
oxygenated gasoline program. This SIP revision also contains a non-
interference demonstration, which concludes that removing the 
oxygenated gasoline program would not interfere with attainment or 
maintenance of the National Ambient Air Quality Standards (NAAQS). EPA 
has determined that North Carolina's March 21, 2018, SIP revision is 
consistent with the applicable provisions of the Clean Air Act (CAA or 
Act).

DATES: This rule will be effective May 10, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0301. All documents in the docket 
are listed on the www.regulations.gov website. 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

[[Page 14309]]

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 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: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. 
The telephone number is (404) 562-9992. Ms. Sheckler can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is taking final action to approve North Carolina's March 21, 
2018, SIP revision seeking to readopt and amend various air quality 
rules and to remove the rules for the oxygenated gasoline program from 
North Carolina's SIP.
    North Carolina requested that EPA approve the removal of rules in 
15A NCAC 2D \1\ Section .1300, Oxygenated Gasoline Standard 
(hereinafter referred to as the oxygenated gasoline program) from the 
North Carolina SIP. To support the request to remove the rules for the 
oxygenated gasoline program from the SIP, North Carolina's SIP revision 
contained technical support material to demonstrate that the removal of 
the program will not interfere with attainment or maintenance of any 
NAAQS or with any other applicable requirement of the CAA.
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    \1\ In the table of North Carolina regulations federally-
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred 
to as ``Subchapter 2D Air Pollution Control Requirements.''
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    In addition, the SIP revision addressed State rules amended and 
readopted in 15A NCAC Subchapter 2D sections .0100, Definitions and 
References, .0200, Air Pollution Sources, .0300, Air Pollution 
Emergencies, and .0400, Ambient Air Quality Standards. More 
specifically, the following rules were amended and updated:

.0101, Definitions
.0103, Copies of Referenced Federal Regulations
.0104, Incorporation by Reference
.0105, Mailing List
.0201, Classification of Air Pollution Sources
.0202, Registration of Air Pollution Sources
.0302, Episode Criteria
.0303, Emission Reduction Plans
.0304, Preplanned Abatement Program
.0305, Emission Reduction Plan: Alert Level
.0306, Emission Reduction Plan: Warning Level
.0307, Emission Reduction Plan: Emergency Level
.0401, Purpose
.0402, Sulfur Oxides
.0404, Carbon Monoxide
.0407, Nitrogen Dioxide
.0408, Lead
.0409, PM10 Particulate Matter
.0410, PM2.5 Particulate Matter

    Rule .0101, Definitions, is amended to update the format of units 
and references while, Rules .0103, .0104, and .0105 are amended to 
update the agency name, addresses and to include web referenced 
documents and costs.
    Section .0200, Air Pollution Sources, is amended for clarity and to 
update the formatting and references. EPA notes that the proposed rule 
(see 84 FR 2109) dated February 6, 2019, included an error by listing 
Section .0200, Air Pollution Sources, in the discussion as both rules 
that were submitted for readoption only and as rules that were being 
amended. These rules had minor changes and should have been included in 
the amended rules section. EPA further notes that the changes--along 
with the rest of the March 21, 2018, SIP submittal--were available to 
the public during the comment period in the docket of this action.
    Section .0300, Air Pollution Emergencies, addresses the prevention 
of buildup of air contaminants during an air pollution episode to 
prevent a public health emergency. Rule .0302 is amended to update the 
format of units, to update who proclaims air quality alerts and 
warnings and declarations of emergency at various pollutant levels 
requiring abatement actions from the Director to the Secretary's level 
with concurrence of the Governor, to remove obsolete pollutant levels 
triggering such proclamations or declarations and to renumber the 
subsections because of the changes. The amendments to Rules .0303 and 
.0304 update the format of references for emission reduction plans and 
preplanned abatement programs. Rules .0305, .0306, and .0307 are 
amended to eliminate redundant language in paragraph (b)(4) that is 
already reflected in Paragraph (a)(2) for open burning requirements in 
emission reduction plans.
    Section .0400, Ambient Air Quality Standards, contains the ambient 
air quality standards and associated monitoring methodologies for the 
State and to be consistent with the NAAQS. Specifically, Rules .0401 
and .0409, and .0410 are amended to update the format of units and 
references, while administrative changes were made to .0402, .0404, 
.0407, and .0408.
    EPA proposed approval of the North Carolina March 21, 2018, SIP 
revision to remove the oxygenated gasoline program and amend and re-
adopt state regulations, as mentioned above, on February 6, 2019 (see 
84 FR 2109). The details of North Carolina's submission and the 
rationale for EPA's actions are explained in the proposed rulemaking. 
EPA did not receive any relevant comments on the proposed action. EPA 
is now taking final action to approve the above-referenced revision.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference the 
following air quality rules in Subchapter 2D Air Pollution Control 
Requirements, Sections .0101, Definitions, .0103, Copies of Referenced 
Federal Regulations, .0104, Incorporation by Reference, .0105, Mailing 
List, .0201, Classification of Air Pollution Sources, .0202, 
Registration of Air Pollution Sources, .0302, Episode Criteria, .0303, 
Emission Reduction Plans, .0304, Preplanned Abatement Program, .0305, 
Emission Reduction Plan: Alert Level, .0306, Emission Reduction Plan: 
Warning Level, .0307, Emission Reduction Plan: Emergency Level, .0401, 
Purpose, .0402, Sulfur Oxides, .0404, Carbon Monoxide, .0407, Nitrogen 
Dioxide, .0408, Lead, .0409, PM10 Particulate Matter, .0410, 
PM2.5 Particulate Matter, state effective January 1, 2018. 
EPA is also finalizing the repeal of the oxygenated gasoline rules 
under Subchapter 2D at Sections .1301, .1302, .1303, .1304, .1305.
    EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 4 Office 
(please contact the person identified in the For Further Information 
Contact section of this preamble for more information). 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

[[Page 14310]]

be incorporated by reference in the next update to the SIP 
compilation.\2\
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    \2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve the above-referenced changes 
to the State of North Carolina SIP because they are consistent with the 
CAA.

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, if 
they meet the criteria of the CAA. These actions merely approve state 
law as meeting Federal requirements and do not impose additional 
requirements beyond those imposed by state law. For that reason, these 
actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     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 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 economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions 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 June 10, 2019. 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, Carbon 
monoxide, Sulfur dioxide, Particulate Matter, Lead, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 21, 2019.
Mary S. Walker,
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. Amend Sec.  52.1770(c)(1), under ``Subchapter 2D Air Pollution 
Control Requirements'' by:
0
a. Revising the entries for ``Section .0101'', ``Section .0103'', 
``Section .0104'', ``Section .0105'', ``Section .0201'', ``Section 
.0202'', ``Section .0302'', ``Section .0303'', ``Section .0304'', 
``Section .0305'', ``Section .0306'', ``Section .0307'', ``Section 
.0401'', ``Section .0402'', ``Section .0404'', ``Section .0407'', 
``Section .0408'', ``Section .0409'', and ``Section .0410'', and
0
b. Removing the heading ``Section .1300 Oxygenated Gasoline Standard'' 
including the entries ``Section .1301'' through ``Section .1305''.
    The revisions reads as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                   (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
                                    Section .0100 Definitions and References
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Section .0101.................  Definitions.........        1/1/2018  4/10/2019 [Insert
                                                                       Federal Register
                                                                       citation].

[[Page 14311]]

 
Section .0103.................  Copies of Referenced        1/1/2018  4/10/2019 [Insert
                                 Federal Regulations.                  Federal Register
                                                                       citation].
Section .0104.................  Incorporation by            1/1/2018  4/10/2019 [Insert
                                 Reference.                            Federal Register
                                                                       citation].
Section .0105.................  Mailing List........        1/1/2018  4/10/2019 [Insert
                                                                       Federal Register
                                                                       citation].
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                                       Section .0200 Air Pollution Sources
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Section .0201.................  Classification of           1/1/2018  4/10/2019 [Insert
                                 Air Pollution                         Federal Register
                                 Sources.                              citation].
Section .0202.................  Registration of Air         1/1/2018  4/10/2019 [Insert
                                 Pollution Sources.                    Federal Register
                                                                       citation].
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                                     Section .0300 Air Pollution Emergencies
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                                                  * * * * * * *
Section .0302.................  Episode Criteria....        1/1/2018  4/10/2019 [Insert
                                                                       Federal Register
                                                                       citation].
Section .0303.................  Emission Reduction          1/1/2018  4/10/2019 [Insert
                                 Plans.                                Federal Register
                                                                       citation].
Section .0304.................  Preplanned Abatement        1/1/2018  4/10/2019 [Insert
                                 Program.                              Federal Register
                                                                       citation].
Section .0305.................  Emission Reduction          1/1/2018  4/10/2019 [Insert
                                 Plan: Alert Level.                    Federal Register
                                                                       citation].
Section .0306.................  Emission Reduction          1/1/2018  4/10/2019 [Insert
                                 Plan: Warning Level.                  Federal Register
                                                                       citation].
Section .0307.................  Emission Reduction          1/1/2018  4/10/2019 [Insert
                                 Plan: Emergency                       Federal Register
                                 Level.                                citation].
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                                   Section .0400 Ambient Air Quality Standards
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Section .0401.................  Purpose.............        1/1/2018  4/10/2019 [Insert
                                                                       Federal Register
                                                                       citation].
Section .0402.................  Sulfur Oxides.......        1/1/2018  4/10/2019 [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
Section .0404.................  Carbon Monoxide.....        1/1/2018  4/10/2019 [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
Section .0407.................  Nitrogen Dioxide....        1/1/2018  4/10/2019 [Insert
                                                                       Federal Register
                                                                       citation].
Section .0408.................  Lead................        1/1/2018  4/10/2019 [Insert
                                                                       Federal Register
                                                                       citation].
Section .0409.................  PM10 Particulate            1/1/2018  4/10/2019 [Insert
                                 Matter.                               Federal Register
                                                                       citation].
Section .0410.................  PM2.5 Particulate           1/1/2018  4/10/2019 [Insert
                                 Matter.                               Federal Register
                                                                       citation].
 
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[FR Doc. 2019-06734 Filed 4-9-19; 8:45 am]
BILLING CODE 6560-50-P