[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Rules and Regulations]
[Pages 36655-36657]
[FR Doc No: 2014-15151]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0602; FRL-9912-83-Region-4]

Approval and Promulgation of Implementation Plans for North
Carolina: State Implementation Plan Miscellaneous Revisions

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the portions of a revision to the North Carolina
State Implementation Plan (SIP), submitted by the North Carolina
Department of Environment and Natural Resources (NC DENR) on February
3, 2010, that incorporate changes to the state rules reflecting the
2006 national ambient air quality standards (NAAQS) for particulate
matter (PM). EPA approved the remaining portions of North Carolina's
February 3, 2010, SIP revision in a previous rulemaking.

DATES: This rule will be effective on July 30, 2014.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-0602. 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 Regulatory Development Section, 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 to 4:30 excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta Ward, Regulatory Development
Section, Air Planning 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)
562-9140. Ms. Ward can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. This Action
II. Background
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. This Action

    EPA is taking final action to approve the portions of North
Carolina's February 3, 2010, SIP revision that relate to the
PM2.5 and PM10 NAAQS (collectively referred to as
the ``PM NAAQS''). On May 16, 2013, EPA published a direct final rule
approving the portions of North Carolina's February 3, 2010, submission
that incorporate amendments to state rules 15A NCAC 02D .0405, .0408,
.0409, and .0410 reflecting the NAAQS for ozone, lead, and PM in effect
at the time of submittal. See 78 FR 28747.
    EPA published an accompanying proposed approval to the May 16,
2013, direct final rule in the event that EPA received adverse comment
and withdrew the direct final rulemaking. See 78 FR 28775. In the
direct final rule, EPA stated that if adverse comments were received by
June 17, 2013, the rule would be withdrawn and not take effect, the
proposed rule would remain in

effect, and an additional public comment period would not be
instituted.
    On May 23, 2013, EPA received comments from a single commenter
solely on the portions of the rulemaking related to the
PM2.5 NAAQS; therefore, EPA withdrew the PM portions of the
direct final rule. See 78 FR 41850 (July 12, 2013). The withdrawal of
the PM portions did not affect EPA's May 16, 2013, direct final action
on North Carolina's SIP revisions related to the ozone and lead NAAQS.
EPA is now taking final action to approve only the portions of the
February 3, 2010, SIP revision related to the PM NAAQS. EPA has
reviewed the changes to North Carolina Rules 15A NCAC 02D .0410
``PM2.5 Particulate Matter'' and 15A NCAC 02D .0409
``PM10 Particulate Matter'' and determined that these
changes are consistent with federal regulations in effect at the time
of SIP submission; thus, EPA is approving these revisions to the North
Carolina SIP.

II. Background

    EPA approved a North Carolina's SIP revision on October 22, 2002,
that adopted the 1997 24-hour PM2.5 NAAQS and 1997 annual
PM2.5 NAAQS set at 65 micrograms per cubic meter ([mu]g/
m\3\) and 15 [mu]g/m\3\, respectively. See 67 FR 64990. On October 17,
2006, EPA revised the 24 hour PM2.5 NAAQS to 35 [mu]g/m\3\
and retained the annual PM2.5 NAAQS at 15 [mu]g/m\3\.\1\ See
71 FR 61144. Accordingly, NC DNER submitted a SIP revision on February
3, 2010, that, among other things, incorporates revisions to state rule
15A NCAC 02D .0410 ``PM2.5 Particulate Matter'' that update
the rule for consistency with the 2006 PM2.5 NAAQS.
---------------------------------------------------------------------------

    \1\ On December 14, 2012, EPA strengthened the primary annual
PM2.5 NAAQS to 12.0 [mu]g/m\3\ and retained the 24-hour
PM2.5 NAAQS at 35 [mu]g/m\3\. See 78 FR 3086 (January 15,
2013).
---------------------------------------------------------------------------

    EPA approved a North Carolina SIP revision on January 16, 1990,
that adopted the initial 1987 24-hour PM10 NAAQS and 1987
annual PM10 NAAQS set at 150 [mu]g/m\3\ and 50 [mu]g/m\3\,
respectively. See 55 FR 1419. On October 17, 2006, EPA retained the 24-
hour PM10 NAAQS at 150 [mu]g/m\3\ and revoked the annual
PM10 NAAQS. See 71 FR 61144. Accordingly, in the February 3,
2010, SIP submission, NC DENR incorporated revisions to state rule 15A
NCAC 02D .0409 ``PM10 Particulate Matter'' that update the
rule for consistency with the 2006 PM10 NAAQS.

III. Response to Comments

    On May 23, 2013, EPA received a comment from one member of the
general public. While the comment was generally in support of EPA's
action, EPA withdrew the direct final rule because the comment could be
interpreted as adverse. A summary of the comment and EPA's response is
provided below.
    Comment: The commenter noted that EPA revised the PM2.5
NAAQS in 2012, and he recommended that EPA ``approve the SIPs as
submitted, with a further recommendation to submit a revised SIP
reflecting the new standard within a reasonable amount of time (as
determined by EPA).''
    Response: Although EPA recently updated the annual PM2.5
NAAQS, the State submitted its SIP revision prior to the December 14,
2012, promulgation of the new standard, published on January 15, 2013
(see 78 FR 3086). As mentioned above, NC DENR submitted its SIP
revision to update the PM NAAQS on February 3, 2010, in response to
EPA's promulgation of the 2006 PM NAAQS. EPA believes that it is
appropriate to approve North Carolina's February 3, 2010, SIP revision,
as it reflects the PM NAAQS in effect at that time, these NAAQS remain
in effect, and the 2012 PM2.5 NAAQS was not promulgated at
that time. EPA notes that today's action does not relieve North
Carolina of any current or future requirements regarding the 2012
PM2.5 NAAQS and that NC DENR is currently working on a SIP
submittal to adopt the 2012 PM2.5 NAAQS.

IV. Final Action

    EPA is approving the portions of North Carolina's February 3, 2010,
SIP revision that relate to the PM NAAQS because they are consistent
with the PM NAAQS in effect at the time of submittal.

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. 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 Order
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country, and EPA
notes that it will not 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 August 29, 2014. 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, Particulate Matter, Reporting
and recordkeeping requirements, Volatile organic compounds.

    Dated: June 16, 2014.
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 ``.0409,'' and ``.0410'' to read
as follows:

Sec.  52.1770  Identification of plan

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0409....................  Particulate Matter..     1/1/2010  6/30/2014 [Insert
                                                                       Federal Register
                                                                       citation].
Section .0410....................  PM2.5 Particulate        1/1/2010  6/30/2014 [Insert
                                    Matter.                            Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2014-15151 Filed 6-27-14; 8:45 am]
BILLING CODE 6560-50-P