and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations

without having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. By restricting the sale and distribution of
appliances charged with HCFC-22 and HCFC-142b, emissions of these
ozone-depleting substances will be avoided lessening the adverse human
health effects for the entire population.

K. The Congressional Review Act

    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 rule 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). This rule will be effective January 1, 2010.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Chlorofluorocarbons, Exports,
Hydrochlorofluorocarbons, Imports, Reporting and recordkeeping
requirements.

    Dated: December 7, 2009.
Lisa P. Jackson,
Administrator.

0
40 CFR part 82 is amended to read as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671(q)

0
2. A new subpart I is added to read as follows:

Subpart I--Ban on Refrigeration and Air-Conditioning Appliances
Containing HCFCs
Sec.
82.300 Purpose.
82.302 Definitions.
82.304 Prohibitions.
82.306 Prohibited products.

Subpart I--Ban on Refrigeration and Air-Conditioning Appliances
Containing HCFCs

Sec.  82.300  Purpose.

    The purpose of this subpart is to protect stratospheric ozone by
restricting the sale and distribution of HCFC containing appliances
under authority of section 615 of the Clean Air Act as amended in 1990.

Sec.  82.302  Definitions.

    As used in this subpart, the term:
    Appliance means any device which contains and uses a refrigerant
and which is used for household or commercial purposes, including any
air conditioner, refrigerator, chiller, or freezer.
    Class I substance means any controlled substance designated as
class I in 40 CFR part 82, appendix A to subpart A.
    Class II substance means any controlled substance designated as
class II in 40 CFR part 82, appendix B to subpart A.
    Consumer, when used to describe a person taking action with regard
to a product, means the ultimate purchaser, recipient or user of a
product.
    Distributor, when used to describe a person taking action with
regard to a product, means:
    (1) The seller of a product to a consumer or another distributor;
or
    (2) A person who sells or distributes that product in interstate
commerce, including sale or distribution preceding export from, or
following import to, the United States.
    Hydrochlorofluorocarbon means any substance listed as class II in
40 CFR part 82, appendix B to subpart A.
    Manufactured, for an appliance, means the date on which the
appliance's refrigerant circuit is complete, the appliance can
function, the appliance holds a refrigerant charge, and the appliance
is ready for use for its intended purposes; for a pre-charged appliance
component, ``manufactured'' means the date that the original equipment
manufacturer has physically completed assembly of the component, the
component is charged with refrigerant, and the component is ready for
initial sale or distribution.
    Person means any individual or legal entity, including an
individual, corporation, partnership, association, State, municipality,
political subdivision of a State, Indian tribe; any agency, department,
or instrumentality of the United States; and any officer, agent, or
employee thereof.
    Pre-charged appliance means any appliance charged with refrigerant
prior to sale or distribution, or offer for sale or distribution in
interstate commerce.
    Pre-charged appliance component means any portion of an appliance
including but not limited to condensers, compressors, line sets, and
coils that is charged with refrigerant prior to sale or distribution or
offer for sale or distribution in interstate commerce.
    Product means an item or category of items manufactured from raw or
recycled materials which is used to perform a function or task.
    Refrigerant means, for purposes of this subpart, any substance
consisting in part or whole of a class I or class II ozone-depleting
substance that is used for heat transfer purposes and provides a
cooling effect.

Sec.  82.304  Prohibitions.

    Effective January 1, 2010, no person may sell or distribute, or
offer to sell or distribute, in interstate commerce any product
identified in Sec.  82.306.

Sec.  82.306  Prohibited products.

    Effective January 1, 2010, the following products are subject to
the prohibitions specified under Sec.  82.304--
    (a) Any pre-charged appliance manufactured on or after January 1,
2010 containing HCFC-22, HCFC-142b or a blend containing one or both of
these controlled substances.
    (b) Any pre-charged appliance component for air-conditioning or
refrigeration appliances manufactured on or after January 1, 2010
containing HCFC-22, HCFC-142b, or a blend containing one or both of
these controlled substances.

[FR Doc. E9-29560 Filed 12-14-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Rules and Regulations]
[Pages 22390-22391]
[FR Doc No: 2018-10243]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0434]

Drawbridge Operation Regulation; Georgiana Slough, Walnut Grove,
CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Sacramento County highway bridge
across Georgiana Slough, mile 12.4, near Walnut Grove, CA. The
deviation is necessary to allow participants in the AMGEN Tour of
California bicycle race to cross the drawspan safely and without
interruption. This deviation allows the bridge to remain in the closed-
to-navigation position during the deviation period.

DATES: This deviation is effective from 11 a.m. through 3 p.m. on May
17, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0434, is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION: Sacramento County has requested a temporary
change to the operation of the Sacramento County highway bridge, mile
12.4, over Georgiana Slough, near Walnut Grove, CA. The drawbridge
navigation span provides a vertical clearance of 14 feet above Mean
High Water in the closed-to-navigation position. The draw operates as
required by 33 CFR 117.157. Navigation on the waterway is commercial
and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 11 a.m. through 3 p.m. on May 17, 2018, to allow the participants
in the AMGEN Tour of California bicycle race to cross the drawspan
safely and without interruption. This temporary deviation has been
coordinated with the waterway users. No objections to the proposed
temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterway through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessel operators can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: May 9, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2018-10243 Filed 5-14-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46968-46972]
[FR Doc No: 2012-19224]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8241]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program

(NFIP) that are scheduled for suspension on the effective dates listed
within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the tables in
this rule.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.
    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of   Current Effective  Map   Date certain  Federal
      State and location             No.         sale of flood             Date            assistance no longer
                                                 insurance in                               available in  SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
          Region III

Pennsylvania:
    Athens, Township of,              421562  November 28, 1980,  Aug. 16, 2012.........  Aug. 16, 2012.
     Crawford County.                          Emerg; July 2,
                                               1982, Reg; August
                                               16, 2012, Susp.
    Beaver, Township of,              422385  January 27, 1977,   ......do*.............   Do.
     Crawford County.                          Emerg; September
                                               10, 1982, Reg;
                                               August 16, 2012,
                                               Susp.

    Bloomfield, Township of,          421563  July 7, 1975,       ......do..............   Do.
     Crawford County.                          Emerg; September
                                               1, 1986, Reg;
                                               August 16, 2012,
                                               Susp.
    Blooming Valley, Borough          421559  October 3, 1975,    ......do..............   Do.
     of, Crawford County.                      Emerg; November
                                               17, 1978, Reg;
                                               August 16, 2012,
                                               Susp.
    Cambridge, Township of,           421564  December 10, 1975,  ......do..............   Do.
     Crawford County.                          Emerg; September
                                               10, 1984, Reg;
                                               August 16, 2012,
                                               Susp.
    Cambridge Springs, Borough        420346  July 2, 1974,       ......do..............   Do.
     of, Crawford County.                      Emerg; August 2,
                                               1990, Reg; August
                                               16, 2012, Susp.
    Centerville, Borough of,          420347  November 29, 1976,  ......do..............   Do.
     Crawford County.                          Emerg; May 1,
                                               1986, Reg; August
                                               16, 2012, Susp.
    Cochranton, Borough of,           420348  September 10,       ......do..............   Do.
     Crawford County.                          1975, Emerg; June
                                               4, 1990, Reg;
                                               August 16, 2012,
                                               Susp.
    Conneaut, Township of,            422387  November 28, 1980,  ......do..............   Do.
     Crawford County.                          Emerg; September
                                               10, 1984, Reg;
                                               August 16, 2012,
                                               Susp.
    Conneaut Lake, Borough of,        422386  June 10, 1975,      ......do..............   Do.
     Crawford County.                          Emerg; August 10,
                                               1979, Reg; August
                                               16, 2012, Susp.
    Conneautville, Borough of,        420349  May 28, 1975,       ......do..............   Do.
     Crawford County.                          Emerg; September
                                               18, 1987, Reg;
                                               August 16, 2012,
                                               Susp.
    Cussewago, Township of,           422388  April 9, 1976,      ......do..............   Do.
     Crawford County.                          Emerg; September
                                               10, 1984, Reg;
                                               August 16, 2012,
                                               Susp.
    East Fairfield, Township          421565  May 20, 1975,       ......do..............   Do.
     of, Crawford County.                      Emerg; June 18,
                                               1990, Reg; August
                                               16, 2012, Susp.
    East Fallowfield, Township        422389  October 25, 1977,   ......do..............   Do.
     of, Crawford County.                      Emerg; September
                                               24, 1984, Reg;
                                               August 16, 2012,
                                               Susp.
    East Mead, Township of,           421566  August 5, 1975,     ......do..............   Do.
     Crawford County.                          Emerg; September
                                               1, 1986, Reg;
                                               August 16, 2012,
                                               Susp.
    Fairfield, Township of,           421567  November 19, 1975,  ......do..............   Do.
     Crawford County.                          Emerg; August 2,
                                               1990, Reg; August
                                               16, 2012, Susp.
    Greenwood, Township of,           422390  February 21, 1980,  ......do..............   Do.
     Crawford County.                          Emerg; September
                                               10, 1984, Reg;
                                               August 16, 2012,
                                               Susp.
    Hayfield, Township of,            421227  August 12, 1975,    ......do..............   Do.
     Crawford County.                          Emerg; August 2,
                                               1990, Reg; August
                                               16, 2012, Susp.
    Hydetown, Borough of,             420350  May 13, 1975,       ......do..............   Do.
     Crawford County.                          Emerg; April 17,
                                               1985, Reg; August
                                               16, 2012, Susp.
    Linesville, Borough of,           421560  April 15, 1976,     ......do..............   Do.
     Crawford County.                          Emerg; June 5,
                                               1985, Reg; August
                                               16, 2012, Susp.
    Meadville, City of,               420351  June 16, 1972,      ......do..............   Do.
     Crawford County.                          Emerg; June 1,
                                               1977, Reg; August
                                               16, 2012, Susp.
    North Shenango, Township          423636  December 4, 1975,   ......do..............   Do.
     of, Crawford County.                      Emerg; October 1,
                                               1986, Reg; August
                                               16, 2012, Susp.
    Oil Creek, Township of,           421568  June 27, 1974,      ......do..............   Do.
     Crawford County.                          Emerg; August 15,
                                               1990, Reg; August
                                               16, 2012, Susp.
    Pine, Township of,                422392  January 29, 1976,   ......do..............   Do.
     Crawford County.                          Emerg; June 19,
                                               1985, Reg; August
                                               16, 2012, Susp.
    Randolph, Township of,            422393  January 28, 1976,   ......do..............   Do.
     Crawford County.                          Emerg; July 18,
                                               1985, Reg; August
                                               16, 2012, Susp.
    Richmond, Township of,            421569  May 23, 1975,       ......do..............   Do.
     Crawford County.                          Emerg; September
                                               1, 1986, Reg;
                                               August 16, 2012,
                                               Susp.
    Rockdale, Township of,            422394  November 19, 1975,  ......do..............   Do.
     Crawford County.                          Emerg; May 1,
                                               1986, Reg; August
                                               16, 2012, Susp.
    Rome, Township of,                422395  February 11, 1976,  ......do..............   Do.
     Crawford County.                          Emerg; January 7,
                                               1983, Reg; August
                                               16, 2012, Susp.
    Sadsbury, Township of,            422396  August 6, 1975,     ......do..............   Do.
     Crawford County.                          Emerg; August 19,
                                               1991, Reg; August
                                               16, 2012, Susp.
    Saegertown, Borough of,           420352  May 12, 1975,       ......do..............   Do.
     Crawford County.                          Emerg; June 18,
                                               1990, Reg; August
                                               16, 2012, Susp.
    South Shenango, Township          422397  October 26, 1976,   ......do..............   Do.
     of, Crawford County.                      Emerg; July 3,
                                               1985, Reg; August
                                               16, 2012, Susp.
    Sparta, Township of,              422398  September 10,       ......do..............   Do.
     Crawford County.                          1975, Emerg;
                                               January 28, 1983,
                                               Reg; August 16,
                                               2012, Susp.
    Spartansburg, Borough of,         421561  September 15,       ......do..............   Do.
     Crawford County.                          1975, Emerg;
                                               November 23,
                                               1979, Reg; August
                                               16, 2012, Susp.
    Spring, Township of,              421570  March 1, 1977,      ......do..............   Do.
     Crawford County.                          Emerg; September
                                               1, 1986, Reg;
                                               August 16, 2012,
                                               Susp.
    Springboro, Borough of,           420353  May 23, 1975,       ......do..............   Do.
     Crawford County.                          Emerg; September
                                               30, 1987, Reg;
                                               August 16, 2012,
                                               Susp.
    Steuben, Township of,             421571  April 7, 1975,      ......do..............   Do.
     Crawford County.                          Emerg; July 16,
                                               1990, Reg; August
                                               16, 2012, Susp.
    Summerhill, Township of,          422399  July 16, 1980,      ......do..............   Do.
     Crawford County.                          Emerg; June 25,
                                               1982, Reg; August
                                               16, 2012, Susp.

    Summit, Township of,              422400  June 27, 1975,      ......do..............   Do.
     Crawford County.                          Emerg; May 19,
                                               1987, Reg; August
                                               16, 2012, Susp.
    Titusville, City of,              420354  July 23, 1973,      ......do..............   Do.
     Crawford County.                          Emerg; February
                                               15, 1978, Reg;
                                               August 16, 2012,
                                               Susp.
    Townville, Borough of,            422401  March 9, 1976,      ......do..............   Do.
     Crawford County.                          Emerg; February
                                               15, 1985, Reg;
                                               August 16, 2012,
                                               Susp.
    Troy, Township of,                421572  April 17, 1975,     ......do..............   Do.
     Crawford County.                          Emerg; June 18,
                                               1990, Reg; August
                                               16, 2012, Susp.
    Union, Township of,               421573  March 8, 1977,      ......do..............   Do.
     Crawford County.                          Emerg; February
                                               15, 1985, Reg;
                                               August 16, 2012,
                                               Susp.
    Venango, Borough of,              420355  March 9, 1977,      ......do..............   Do.
     Crawford County.                          Emerg; June 18,
                                               1990, Reg; August
                                               16, 2012, Susp.
    Venango, Township of,             421574  January 12, 1977,   ......do..............   Do.
     Crawford County.                          Emerg; February
                                               1, 1985, Reg;
                                               August 16, 2012,
                                               Susp.
    Vernon, Township of,              421575  July 24, 1975,      ......do..............   Do.
     Crawford County.                          Emerg; July 16,
                                               1990, Reg; August
                                               16, 2012, Susp.
    Wayne, Township of,               421576  August 21, 1975,    ......do..............   Do.
     Crawford County.                          Emerg; July 16,
                                               1990, Reg; August
                                               16, 2012, Susp.
    West Fallowfield, Township        422651  May 23, 1977,       ......do..............   Do.
     of, Crawford County.                      Emerg; July 3,
                                               1985, Reg; August
                                               16, 2012, Susp.
    West Mead, Township of,           420356  April 14, 1972,     ......do..............   Do.
     Crawford County.                          Emerg; June 15,
                                               1977, Reg; August
                                               16, 2012, Susp.
    West Shenango, Township           422402  April 25, 1979,     ......do..............   Do.
     of, Crawford County.                      Emerg; February
                                               1, 1985, Reg;
                                               August 16, 2012,
                                               Susp.
    Woodcock, Borough of,             422403  June 14, 1979,      ......do..............   Do.
     Crawford County.                          Emerg; January
                                               17, 1985, Reg;
                                               August 16, 2012,
                                               Susp.
    Woodcock, Township of,            421578  July 9, 1975,       ......do..............   Do.
     Crawford County.                          Emerg; June 18,
                                               1990, Reg; August
                                               16, 2012, Susp.
           Region IV

Kentucky:
    Livingston County,                210146  August 25, 1997,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; March 6,
                                               2001, Reg; August
                                               16, 2012, Susp.
    Smithland, City of,               210147  November 3, 1975,   ......do..............   Do.
     Livingston County.                        Emerg; September
                                               16, 1988, Reg;
                                               August 16, 2012,
                                               Susp.
    Lyon County,                      210314  January 24, 2012,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; N/A, Reg;
                                               August 16, 2012,
                                               Susp.
South Carolina:
    Clinton, City of, Laurens         450123  April 4, 1974,      ......do..............   Do.
     County.                                   Emerg; June 17,
                                               1977, Reg; August
                                               16, 2012, Susp.
    Laurens, City of, Laurens         450125  December 26, 1973,  ......do..............   Do.
     County.                                   Emerg; November
                                               2, 1983, Reg;
                                               August 16, 2012,
                                               Susp.
    Laurens County,                   450122  December 21, 1978,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               15, 1990, Reg;
                                               August 16, 2012,
                                               Susp.
           Region V

Indiana:
    Fulton County,                    180070  September 22,       ......do..............   Do.
     Unincorporated Areas.                     1976, Emerg; July
                                               3, 1985, Reg;
                                               August 16, 2012,
                                               Susp.
    Rochester, City of, Fulton        180071  February 10, 1977,  ......do..............   Do.
     County.                                   Emerg; April 30,
                                               1984, Reg; August
                                               16, 2012, Susp.
Michigan:
    Beaugrand, Township of,           260646  November 10, 1975,  ......do..............   Do.
     Cheboygan County.                         Emerg; May 1,
                                               1992, Reg; August
                                               16, 2012, Susp.
    Cheboygan, City of,               260058  June 5, 1975,       ......do..............   Do.
     Cheboygan County.                         Emerg; March 16,
                                               1988, Reg; August
                                               16, 2012, Susp.
    Grant, Township of,               260610  June 2, 1977,       ......do..............   Do.
     Cheboygan County.                         Emerg; January
                                               18, 1989, Reg;
                                               August 16, 2012,
                                               Susp.
           Region VI

New Mexico:
    Albuquerque, City of,             350002  September 9, 1974,  ......do..............   Do.
     Bernalillo County.                        Emerg; October
                                               14, 1983, Reg;
                                               August 16, 2012,
                                               Susp.
    Bernalillo County,                350001  August 26, 1974,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               15, 1983, Reg;
                                               August 16, 2012,
                                               Susp.
    Edgewood, Town of,                350018  N/A, Emerg;         ......do..............   Do.
     Bernalillo County.                        September 2,
                                               2011, Reg; August
                                               16, 2012, Susp.
    Los Ranchos de                    350123  June 26, 1978,      ......do..............   Do.
     Albuquerque, Village of,                  Emerg; January 3,
     Bernalillo County.                        1983, Reg; August
                                               16, 2012, Susp.
    Rio Rancho, City of,              350146  November 14, 1990,  ......do..............   Do.
     Bernalillo County.                        Emerg; April 15,
                                               1992, Reg; August
                                               16, 2012, Susp.
Oklahoma:

    Arkoma, Town of, Le Flore         400343  February 3, 1977,   ......do..............   Do.
     County.                                   Emerg; April 19,
                                               1983, Reg; August
                                               16, 2012, Susp.
    Bokoshe, Town of, Le Flore        400350  August 17, 1976,    ......do..............   Do.
     County.                                   Emerg; April 17,
                                               1979, Reg; August
                                               16, 2012, Susp.
    Cameron, Town of, Le Flore        400271  February 8, 1977,   ......do..............   Do.
     County.                                   Emerg; April 19,
                                               1983, Reg; August
                                               16, 2012, Susp.
    Heavener, City of, Le             400090  May 28, 1975,       ......do..............   Do.
     Flore County.                             Emerg; March 16,
                                               1982, Reg; August
                                               16, 2012, Susp.
    Howe, Town of, Le Flore           400091  October 21, 1976,   ......do..............   Do.
     County.                                   Emerg; April 15,
                                               1982, Reg; August
                                               16, 2012, Susp.
    Le Flore County,                  400484  September 6, 2002,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 1,
                                               2003, Reg; August
                                               16, 2012, Susp.
    Panama, Town of, Le Flore         400092  October 26, 1976,   ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1981, Reg;
                                               August 16, 2012,
                                               Susp.
    Pocola, Town of, Le Flore         400432  March 7, 1978,      ......do..............   Do.
     County.                                   Emerg; July 4,
                                               1989, Reg; August
                                               16, 2012, Susp.
    Poteau, City of, Le Flore         400093  November 24, 1975,  ......do..............   Do.
     County.                                   Emerg; January
                                               20, 1982, Reg;
                                               August 16, 2012,
                                               Susp.
    Spiro, Town of, Le Flore          400413  April 21, 1978,     ......do..............   Do.
     County.                                   Emerg; April 20,
                                               1982, Reg; August
                                               16, 2012, Susp.
    Talihina, Town of, Le             400094  April 16, 1975,     ......do..............   Do.
     Flore County.                             Emerg; September
                                               1, 1981, Reg;
                                               August 16, 2012,
                                               Susp.
    Wister, Town of, Le Flore         400095  August 6, 1971,     ......do..............   Do.
     County.                                   Emerg; April 14,
                                               1976, Reg; August
                                               16, 2012, Susp.
Texas:
    Decordova, City of, Hood          480469  November 18, 2010,  ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               August 16, 2012,
                                               Susp.
    Granbury, City of, Hood           480357  May 16, 1979,       ......do..............   Do.
     County.                                   Emerg; January
                                               15, 1988, Reg;
                                               August 16, 2012,
                                               Susp.
    Hood County,                      480356  May 11, 1979,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; October
                                               18, 1988, Reg;
                                               August 16, 2012,
                                               Susp.
    Lipan, City of, Hood              481075  December 4, 2008,   ......do..............   Do.
     County.                                   Emerg; October 1,
                                               2009, Reg; August
                                               16, 2012, Susp.
    Tolar, Town of, Hood              480868  February 15, 2000,  ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               August 16, 2012,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
*......do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: July 24, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-19224 Filed 8-6-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Rules and Regulations]
[Pages 69051-69057]
[FR Doc No: 2014-27030]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0772; FRL-9919-10-Region 4]

Approval and Promulgation of Implementation Plans; North
Carolina; Inspection and Maintenance Program Updates

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve State Implementation Plan (SIP) revisions
submitted by the State of North Carolina, through the North Carolina
Department of Environment and Natural Resources (NC DENR) on January
31, 2008, May 24, 2010, October 11, 2013, and February 11, 2014,
pertaining to rules for changes to the North Carolina Inspection and
Maintenance (I/M) program. Specifically, these SIP revisions update the
North Carolina I/M program as well as repeal one rule that is included
in the federally-approved SIP.

DATES: This direct final rule is effective on January 20, 2015 without
further notice, unless EPA receives relevant adverse comment by
December 22, 2014. 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-2013-0772, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2013-0772,'' 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.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. 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-
2013-0772''. 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 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 a.m. to 4:30 p.m., 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>For information regarding the I/M program,
contact Ms. Amanetta Somerville, Air Quality Modeling and
Transportation Section, at the same address above. Telephone number:
(404) 562-9025; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Today's Action
II. Background
III. EPA's Analysis of North Carolina's SIP Revisions
IV. Final Action
V. Statutory and Executive Order Reviews

I. Today's Action

    EPA is approving four SIP revisions submitted by NC DENR on January
31, 2008, May 24, 2010, October 11, 2013, and February 11, 2014.
Specifically, these SIP revisions relate to changes for North
Carolina's I/M rules as well as the repeal of one rule (section 15A
NCAC 2D .1004 within the Motor Vehicle Emission Control Standards).
    The January 31, 2008, SIP revision submitted by NC DENR involves
multiple regulatory changes to the North Carolina SIP. This action,
however, pertains only to the portion of North Carolina's January 31,
2008, SIP revision which revises section 15A NCAC 02D .1000, Motor
Vehicle Emission Control Standard, to account for the repeal of
regulation 15A NCAC 02D .1004, Tailpipe Emission Standards for Carbon
Monoxide (CO) and Hydrocarbon (HC). Regulation 15A NCAC 2D .1004, was
repealed because it is obsolete, and today, EPA is removing this
provision from the SIP. The requirement for tailpipe emission testing
for passenger motor vehicles has been replaced by on-board diagnostics
(OBD) testing in 15A NCAC 02D .1005. This change to North Carolina's I/
M rules became State effective on July 1, 2007.\1\
---------------------------------------------------------------------------

    \1\ EPA notes that OBD is more accurate than tailpipe testing
and provides for earlier detection of vehicles that do not meet the
performance standards.
---------------------------------------------------------------------------

    The May 24, 2010, SIP revision submitted by NC DENR involves
additional changes to the North Carolina I/M program, however, on
October 11, 2013, NC DENR submitted a subsequent SIP revision to
supplement and replace the May 24, 2010, revision. Specifically, the
May 24, 2010, submission included changes regarding the I/M portion of
the North Carolina SIP narrative to reflect changes to the areas
impacted by the North Carolina I/M program and the internal procedures
for the management of the I/M program. These changes were revised by
the October 11, 2013, SIP revision, which also amended the SIP to
reflect changes to the internal procedures for the management of the I/
M program.
    The October 11, 2013, SIP revision submitted by NC DENR also
provided a technical demonstration of non-interference to address
whether pending changes to the State's I/M program would interfere with
air quality in North Carolina areas subject to the I/M program. The
pending rule changes were triggered by North Carolina General Assembly
Session Law 2012-199, which incorporated an exemption from emission
inspection for the three newest model year vehicles with less than
70,000 miles on their odometers in all areas in the State where I/M is
required. In addition, these rule changes were also necessitated by the
North Carolina General Assembly Session Law 2011-95, which exempted
plug-in vehicles from emission inspection requirements.
    On February 11, 2014, as a supplement to North Carolina's October
11, 2013, SIP revision, NC DENR submitted a SIP revision incorporating
the necessary rule changes related to the North Carolina General
Assembly Session Laws 2011-95 and 2012-199 statutory exemption from
emission inspection for plug-in vehicles and for the three newest model
year vehicles with less than 70,000 miles on their odometers in all
areas in the State where I/M is required under SIP section 15A NCAC 02D
.1000, Motor Vehicle Emission Control Standard. Specifically rules 15A
NCAC 02D .1002, .1003, .1005, and .1006 were amended, and 15A NCAC 02D
.1009 was repealed.\2\
---------------------------------------------------------------------------

    \2\ While North Carolina's submission provides changes to
regulation 15A NCAC 02D .1006 and a repeal of 15A NCAC 02D .1009,
these regulations were never incorporated into the federally-
approved SIP and thus no action on EPA's part is needed related to
the changes for regulation 15A NCAC 02D .1006, and the repeal of 15A
NCAC 02D .1009.
---------------------------------------------------------------------------

    More information on EPA's analysis of North Carolina's SIP
revisions related to changes in the State's I/M program is provided
Section III of this rulemaking.

II. Background

    The North Carolina I/M program began in 1982 in Mecklenburg County.
From 1986 through 1991 the program expanded to include eight additional
counties (Wake, Forsyth, Guilford, Durham, Gaston, Cabarrus, Orange and
Union County) based on a ``tail-pipe'' emissions test. In 1999, the
North Carolina General Assembly passed legislation to expand the
coverage area for the I/M program in the State in order to gain
additional emission reductions to achieve the 1997 8-hour ozone
national ambient air quality standards in the State. The vehicle
testing requirements in these expanded counties were OBD requirements
rather than tail-pipe testing requirements. Starting in October 2002,
the original nine counties converted from tail-pipe testing to the new
OBD emission testing for all model year (MY) 1996 and newer light duty
gasoline vehicles and continued tail-pipe testing of MY 1995 and older
vehicles. The program began to expand from nine counties starting in
July 2003 to a total of 48 counties (the nine original counties plus
Alamance, Brunswick, Buncombe, Burke, Caldwell, Carteret, Catawba,
Chatham, Cleveland, Craven, Cumberland, Davidson, Edgecombe, Franklin,
Granville, Harnett, Haywood, Henderson, Johnston, Lee, Lenoir, Moore,
Nash, New Hanover, Onslow, Orange, Pitt, Randolph, Robeson, Rockingham,
Rutherford, Stanly, Stokes, Surry, Wake, Wayne, Wilkes, and Wilson) on
July 1, 2006. At the time of full implementation of the OBD program,
inspection stations were performing the OBD emissions test on MY 1996
and newer vehicles, and tailpipe testing on MY 1995 and older vehicles
were discontinued.
    EPA most recently approved changes to North Carolina's I/M program
in the SIP on October 30, 2002. See 67 FR 66056. Since that time, North
Carolina has submitted additional changes to its program, which EPA is
now acting upon. Specifically, North Carolina submitted SIP revisions
related to the State's I/M program on January 31, 2008, May 24, 2010,
October 11, 2013, and February 11, 2014. EPA's analysis of the
aforementioned North Carolina SIP revisions related to changes in the
State's I/M program is provided Section III of this rulemaking.

III. EPA's Analysis of North Carolina's SIP Revisions

    Through SIP revisions provided on January 31, 2008, May 24, 2010,
October 11, 2013, and February 11, 2014, NC DENR requested that EPA
take action to update the State's implementation plan

to include changes for the I/M program in North Carolina. For any
changes to provisions that are already included in the federally-
approved SIP, EPA must consider section 110(l) of the Clean Air Act
(CAA or Act). Section 110(l) of the CAA requires that a revision to the
SIP not interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of the Act. The section 110(l) non-
interference demonstration is a case-by-case determination based upon
the circumstances of each SIP revision. EPA interprets 110(l) as
applying to all NAAQS that are in effect, including those that have
been promulgated, but for which the EPA has not yet made designations.
The specific elements of the 110(l) analysis contained in the SIP
revision depend on the circumstances and emissions analyses associated
with that revision. EPA's analysis of North Carolina's SIP revisions
related to changes for the I/M program, including review of section
110(l) requirements, is provided below.
    On October 11, 2013, NC DENR submitted a SIP revision to provide
the non-interference technical demonstration related to the changes for
North Carolina's I/M program that resulted from the passage of North
Carolina General Assembly Session Laws 2011-95 and 2012-199 as well as
the other revisions described herein to the State's I/M program, such
as the discontinuation of tailpipe testing MY 1995 and older vehicles.
This non-interference demonstration also accounts for the previous
repeal of regulation 15A NCAC 02D .1004, where applicable.
Specifically, this demonstration considers the changes to the State's
I/M program in three geographical areas that cover the entire 48
counties where the I/M program is required. The three geographical
areas are as follows: The Charlotte Area; the Greensboro Area; and the
remainder of the 48 counties not covered in the Charlotte and
Greensboro Area analyses. More information on the non-interference
demonstration and EPA's analysis for each Area is described below.

a. Analysis of the Non-Interference Demonstration for the Charlotte
Area

    As indicated above, on October 11, 2013, NC DENR provided a
technical demonstration with modeling to account for changes to the
North Carolina I/M program in the seven county Charlotte Area.\3\
Specifically, the technical demonstration modifies the existing 175A(a)
maintenance plan for the Charlotte Area to account for changes to the
I/M program including the exemption of the three newest model year
vehicles under 70,000 miles and plug in vehicles for this area, and the
change in I/M compliance rate from 95 percent to 96 percent. North
Carolina's October 11, 2013, SIP revision includes an evaluation of the
impact that the increase in model year exemptions would have on the
attainment and or maintenance of the 1997 and 2008 ozone standards and
on other applicable NAAQS.
---------------------------------------------------------------------------

    \3\ The Charlotte Area is comprised of Mecklenburg, Cabarrus,
Gaston, Lincoln, Rowan, Union and Iredell Counties.
---------------------------------------------------------------------------

    Specifically, North Carolina's October 11, 2013, SIP revision
includes a technical demonstration which revised mobile source
emissions modeling using EPA's approved models--Motor Vehicle Emissions
Simulator (MOVES) 2010b--to demonstrate non-interference for the SIP
revisions to expand the I/M exemptions and to account for the increase
in the I/M compliance rate from 95 percent to 96 percent. In that
technical demonstration, NC DENR provided information regarding the
emissions projections from the I/M program changes for carbon monoxide
and for the precursor of ozone (i.e., nitrogen oxides (NOX)
and volatile organic compounds (VOCs)). To determine these emissions,
NC DENR's demonstration compared the current 95 percent I/M compliance
rate and the 1 model year exemption emissions inventory to the 96
percent I/M compliance rate and the 3 model year exemption for the
Charlotte Area. This comparison for the Charlotte Area is shown below
in Table 1.

                                Table 1--Changes in Emissions for Charlotte Area
----------------------------------------------------------------------------------------------------------------
                                                            Current I/M         Target I/M
                                                           program  (95%      program  (96%        Difference
                  Emissions  (kg/day)                     compliance rate,   compliance rate,   between 95%  and
                                                               1 year             3 year        96%  compliance
                                                             exemption)         exemption)            rate
----------------------------------------------------------------------------------------------------------------
NOX....................................................             98,157             98,122                -35
VOC....................................................             48,545             48,523                -22
CO.....................................................          1,047,712          1,047,737                 24
----------------------------------------------------------------------------------------------------------------

    Table 1 above indicates an emissions benefit for the changes to
North Carolina's I/M program with regard to the ozone precursor
emissions (i.e., NOX and VOC), and a slight emissions
increase with regards to emissions for CO. There is no difference in
emissions anticipated as a result of North Carolina I/M program changes
for particulate matter (PM), lead, sulfur dioxide (SO2) or
nitrogen dioxide (NO2). Accordingly, in this action, EPA is
making the determination that the applicable NAAQS \4\ of interest for
the non-interference demonstration required by section 110(l) of the
CAA are the ozone and CO standards.
---------------------------------------------------------------------------

    \4\ The six NAAQS for which EPA establishes health and welfare
based standards are CO, Lead, NO2, Ozone, PM, and Sulfur
Dioxide.
---------------------------------------------------------------------------

    In addition to the information provided in North Carolina's
technical demonstration, EPA reviewed the most recent preliminary ozone
air quality data for the Charlotte Area, and it appears that the Area
is currently monitoring attaining levels for all ozone NAAQS (including
the 2008 8-hour ozone NAAQS for which the area is currently designated
nonattainment). While the Charlotte Area is currently a nonattainment
area for ozone, the changes to North Carolina's I/M program are not
anticipated to increase emissions in ozone precursors (i.e., VOC and
NOX--see Table 1 above), so EPA does not expect these
changes to interfere with the Area's ability to attain the 2008 8-hour
ozone NAAQS. EPA also notes that the Charlotte Area has not been
designated for the SO2 NAAQS, and is currently designated
unclassifiable/attainment for the 1997 PM2.5 NAAQS, the 2006
PM2.5 NAAQS, the 2008 Lead NAAQS and the 2010 NO2
NAAQS.
    The Charlotte Area is also in attainment of the CO NAAQS and has

current monitoring levels of CO well below the standard. Even though
there is a slight emissions increase from this rule change for CO
emissions, given the Charlotte Area's CO monitoring levels that are
well below the CO NAAQS, EPA does not believe that the slight increase
in CO emissions will cause the Area to come out of compliance with the
CO NAAQS.\5\ Consequently, EPA has concluded that the new modeling
associated with these changes demonstrates that the changes for North
Carolina's I/M program in the seven counties in the Charlotte Area will
not interfere with the Area's ability to attain and maintain the NAAQS.
---------------------------------------------------------------------------

    \5\ Based upon the projected CO emissions increase of 24 kg/day,
the difference in CO emissions per day of the target I/M Program
represents an increase of only 0.002291% over CO emissions under the
Current I/M Program.
---------------------------------------------------------------------------

b. Analysis of the Non-Interference Demonstration for the Greensboro
Area

    In its October 11, 2013, SIP revision, NC DENR provided a technical
demonstration with modeling to account for changes to the North
Carolina I/M program in the three-county Greensboro Area \6\ similar to
the demonstration that was conducted for the Charlotte Area to account
for the same changes to North Carolina's I/M program. Table 2 provides
the changes in emissions that will result from the changes to North
Carolina's I/M program in the Greensboro Area.
---------------------------------------------------------------------------

    \6\ The Greensboro Area is comprised of Guilford, Forsyth, and
Davidson Counties.

                                Table 2--Changes in Emissions for Greensboro Area
----------------------------------------------------------------------------------------------------------------
                                                            Current I/M         Target I/M
                                                           program  (95%      program  (96%        Difference
                  Emissions  (kg/day)                     compliance rate,   compliance rate,   between 95%  and
                                                               1 year             3 year        96%  compliance
                                                             exemption)         exemption)            rate
----------------------------------------------------------------------------------------------------------------
NOX....................................................             36,157             36,143                -15
VOC....................................................             19,965             19,954                -11
CO.....................................................            492,801            492,720                -82
----------------------------------------------------------------------------------------------------------------

    Table 2 above indicates an emissions benefit for the changes to
North Carolina's I/M program with regard to the ozone precursor
emissions (i.e., NOX and VOC), and for CO. There is no
difference in emissions anticipated as a result of North Carolina I/M
program changes for PM, Lead, SO2 or NO2. In this
action, EPA is making the determination that the applicable NAAQS of
interest for the non-interference demonstration required by section
110(l) of the CAA are the ozone and CO standards.
    In addition to the information provided in North Carolina's
technical demonstration, EPA reviewed the most recent preliminary ozone
air quality data for the Greensboro Area, and it appears that the area
is monitoring attaining levels for all ozone NAAQS. The Greensboro Area
has not been designated for the SO2 NAAQS, and is currently
designated unclassifiable/attainment for the 1997 PM2.5
NAAQS, the 2006 PM2.5 NAAQS, the 2008 Lead NAAQS, the 2008
8-hour Ozone NAAQS and the 2010 NO2 NAAQS. Consequently, EPA
has concluded that the new modeling associated with these changes
demonstrates that the changes for North Carolina's I/M program in the
three counties of the Greensboro Area will not interfere with the
Area's ability to attain and maintain the NAAQS.

c. Analysis of the Non-Interference Demonstration of the Remaining
Counties Area

    NC DENR provided a technical demonstration with modeling to account
for changes to the North Carolina I/M program in the 38 counties
outside of the seven Charlotte Area counties and the three Greensboro
Area counties (hereafter referred to as the ``Remaining Counties
Area'') \7\ in its October 11, 2013, SIP revision. Table 3 provides the
changes in emissions that will result from the change to North
Carolina's I/M program in the Remaining Counties.
---------------------------------------------------------------------------

    \7\ The remaining counties include: Alamance, Brunswick,
Buncombe, Burke, Caldwell, Carteret, Catawba, Chatham, Cleveland,
Craven, Cumberland, Durham, Edgecombe, Franklin, Granville, Harnett,
Haywood, Henderson, Johnston, Lee, Lenoir, Moore, Nash, New Hanover,
Onslow, Orange, Pitt, Randolph, Robeson, Rockingham, Rutherford,
Stanly, Stokes, Surry, Wake, Wayne, Wilkes, and Wilson Counties.

                            Table 3--Changes in Emissions for Remaining Counties Area
----------------------------------------------------------------------------------------------------------------
                                                            Current I/M         Target I/M
                                                           program  (95%      program  (96%        Difference
                  Emissions  (kg/day)                     compliance rate,   compliance rate,   between 95%  and
                                                               1 year             3 year        96%  compliance
                                                             exemption)         exemption)            rate
----------------------------------------------------------------------------------------------------------------
NOX....................................................            226,196            226,113                -83
VOC....................................................            115,443            115,384                -59
CO.....................................................          2,560,587          2,560,367               -220
----------------------------------------------------------------------------------------------------------------

    Table 3 above indicates an emissions benefit for the changes to
North Carolina's I/M program with regard to the ozone precursor
emissions (i.e., NOX and VOC), and for CO. There is no
difference in emissions anticipated as a result of North Carolina I/M
program changes for PM, Lead, SO2 or NO2. In this
action, EPA is making the determination that the applicable NAAQS of
interest for the non-interference demonstration required by section
110(l) of the CAA are the ozone and CO standards.
    In addition to the information provided in North Carolina's
technical demonstration, EPA reviewed the most recent preliminary ozone
air quality data for this Area, and it appears that the Remaining
Counties Area is monitoring attaining levels for all ozone NAAQS. The
Remaining Counties Area has not been designated for the SO2
NAAQS, and is currently designated

unclassifiable/attainment for the 1997 PM2.5 NAAQS, the 2006
PM2.5 NAAQS, the 2008 Lead NAAQS, the 2008 8-hour Ozone
NAAQS and the 2010 NO2 NAAQS. Consequently, EPA has
concluded that the new modeling associated with these changes
demonstrates that the changes for North Carolina's I/M program in the
Remaining Counties Area will not interfere with the Area's ability to
attain and maintain the NAAQS.

d. Conclusion

    Based upon the above analysis, EPA's overall conclusion with
regards to North Carolina's changes to the State's I/M program is that
these changes are consistent with the CAA and will not interfere with
any of the affected Areas' ability to attain and maintain the NAAQS.
While the individual area analyses appear to demonstrate that these
changes provide an overall emissions benefit for each Area, the benefit
is even more pronounced when the total emission reductions from the
entire area covered by the North Carolina I/M program are considered.
Table 4 below provides the changes in emissions that will result from
the change to North Carolina's I/M program in all of the affected
counties.

                             Table 4--Changes in Emissions for All Affected Counties
----------------------------------------------------------------------------------------------------------------
                                                            Current I/M         Target I/M
                                                           program  (95%      program  (96%        Difference
                  Emissions  (kg/day)                     compliance rate,   compliance rate,   between 95%  and
                                                               1 year             3 year        96%  compliance
                                                             exemption)         exemption)            rate
----------------------------------------------------------------------------------------------------------------
NOX....................................................            360,510            360,377               -133
VOC....................................................            183,953            183,860                -92
CO.....................................................          4,101,100          4,100,823               -277
----------------------------------------------------------------------------------------------------------------

    Table 4 above indicates an emissions benefit for the changes to
North Carolina's I/M program with regard to the ozone precursor
emissions (i.e., NOX and VOC), and for CO.\8\ This provides
further support for EPA's overall determination that the changes to
North Carolina's I/M program will not interfere with attainment or
maintenance of the NAAQS, or any other applicable requirement of the
CAA.
---------------------------------------------------------------------------

    \8\ As noted above, there are no difference in emissions
anticipated as a result of North Carolina's I/M program changes for
PM, Lead, SO2 or NO2.
---------------------------------------------------------------------------

IV. Final Action

    EPA is approving changes to North Carolina's I/M program as
provided in SIP revisions dated January 31, 2008, May 24, 2010, October
11, 2013, and February 11, 2014. First, EPA is approving the repeal of
regulation 15A NCAC 02D .1004 as provided in North Carolina's January
31, 2008. EPA has made the determination that the repeal of this
regulation is acceptable because it is obsolete and replaced by OBD.
This change to the program was accounted for in North Carolina's
modeling included with the October 11, 2013, non-interference
demonstrations. EPA is also approving North Carolina's rule changes as
provided in North Carolina's May 24, 2010, and February 11, 2014, SIP
revisions, which are also supported by the State's technical non-
interference demonstration provided through the October 11, 2013 SIP
revision. EPA has made the determination that North Carolina's
technical non-interference demonstration supports a conclusion that
these rule changes will not interfere with air quality goals in areas
in North Carolina. EPA has also made the determination that these SIP
revisions with regard to the aforementioned provisions are approvable
because they are consistent with section 110 of the CAA.
    EPA is publishing this rule without prior proposal because the
Agency views these actions as non-controversial revisions 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 relevant adverse comment be filed. This rule will be effective
on January 20, 2015 without further notice unless the Agency receives
relevant adverse comment by December 22, 2014. If EPA receives such
comments, EPA will publish a document withdrawing the final rule and
informing the public that the rule will not take effect. EPA will
address all relevant adverse comments received during the comment
period in a subsequent final rule based on the proposed rule. EPA will
not institute a second comment period on this action. Any parties
interested in commenting must do so by December 22, 2014. If no such
comments are received, this rule will be effective on January 20, 2015
and no further action will be taken on the proposed rule.

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 final 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).
    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 20, 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. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 23, 2014.
V. Anne Heard,
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. In Sec.  52.1770:
0
a. Table 1 in paragraph (c) is amended by revising the entries for
``Sect .1002,'' ``Sect .1003,'' and ``Sect .1005;'' and removing the
entry for ``Sect .1004.''
0
b. In paragraph (e), the table is amended by adding a new entry ``Non-
Interference Demonstration for the North Carolina Inspection and
Maintenance Program'' at the end of the table.
    The revisions and addition read as follows:

Sec.  52.1770  Identification of plan

* * * * *
    (c) * * *

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

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Section .1000 Motor Vehicle Emissions Control Standard
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sect .1002....................  Applicability....        1/1/2014  11/20/2014        ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect .1003....................  Definitions......        2/1/2014  11/20/2014        ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect .1005....................  On-Board                 1/1/2014  11/20/2014        ...........................
                                 Diagnostic                         [Insert Federal
                                 Standards.                         Register
                                                                    citation].
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                              EPA Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      State       EPA approval    Federal Register
           Provision             effective date       date            citation               Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Non-Interference Demonstration       10/11/2013      11/20/2014  [Insert Federal
 for the North Carolina                                           Register
 Inspection and Maintenance                                       citation].
 Program.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-27030 Filed 11-19-14; 8:45 am]
BILLING CODE 6560-50-P