Air Plan Approval; NC: Readoption of Air Quality Rules and Removal of the Oxygenated Gasoline Rules |
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Mary S. Walker
Environmental Protection Agency
10 April 2019
[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14308-14312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06734]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0301; FRL-9991-63-Region 4]
Air Plan Approval; NC: Readoption of Air Quality Rules and
Removal of the Oxygenated Gasoline Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the North Carolina Department of Environmental Quality, Division of
Air Quality (DAQ), on March 21, 2018, readopting and amending several
air quality rules, and requesting to remove the rules for the
oxygenated gasoline program. This SIP revision also contains a non-
interference demonstration, which concludes that removing the
oxygenated gasoline program would not interfere with attainment or
maintenance of the National Ambient Air Quality Standards (NAAQS). EPA
has determined that North Carolina's March 21, 2018, SIP revision is
consistent with the applicable provisions of the Clean Air Act (CAA or
Act).
DATES: This rule will be effective May 10, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0301. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through
[[Page 14309]]
www.regulations.gov or in hard copy at the Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. EPA
requests that if possible, you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
The telephone number is (404) 562-9992. Ms. Sheckler can also be
reached via electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve North Carolina's March 21,
2018, SIP revision seeking to readopt and amend various air quality
rules and to remove the rules for the oxygenated gasoline program from
North Carolina's SIP.
North Carolina requested that EPA approve the removal of rules in
15A NCAC 2D \1\ Section .1300, Oxygenated Gasoline Standard
(hereinafter referred to as the oxygenated gasoline program) from the
North Carolina SIP. To support the request to remove the rules for the
oxygenated gasoline program from the SIP, North Carolina's SIP revision
contained technical support material to demonstrate that the removal of
the program will not interfere with attainment or maintenance of any
NAAQS or with any other applicable requirement of the CAA.
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\1\ In the table of North Carolina regulations federally-
approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02D is referred
to as ``Subchapter 2D Air Pollution Control Requirements.''
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In addition, the SIP revision addressed State rules amended and
readopted in 15A NCAC Subchapter 2D sections .0100, Definitions and
References, .0200, Air Pollution Sources, .0300, Air Pollution
Emergencies, and .0400, Ambient Air Quality Standards. More
specifically, the following rules were amended and updated:
.0101, Definitions
.0103, Copies of Referenced Federal Regulations
.0104, Incorporation by Reference
.0105, Mailing List
.0201, Classification of Air Pollution Sources
.0202, Registration of Air Pollution Sources
.0302, Episode Criteria
.0303, Emission Reduction Plans
.0304, Preplanned Abatement Program
.0305, Emission Reduction Plan: Alert Level
.0306, Emission Reduction Plan: Warning Level
.0307, Emission Reduction Plan: Emergency Level
.0401, Purpose
.0402, Sulfur Oxides
.0404, Carbon Monoxide
.0407, Nitrogen Dioxide
.0408, Lead
.0409, PM10 Particulate Matter
.0410, PM2.5 Particulate Matter
Rule .0101, Definitions, is amended to update the format of units
and references while, Rules .0103, .0104, and .0105 are amended to
update the agency name, addresses and to include web referenced
documents and costs.
Section .0200, Air Pollution Sources, is amended for clarity and to
update the formatting and references. EPA notes that the proposed rule
(see 84 FR 2109) dated February 6, 2019, included an error by listing
Section .0200, Air Pollution Sources, in the discussion as both rules
that were submitted for readoption only and as rules that were being
amended. These rules had minor changes and should have been included in
the amended rules section. EPA further notes that the changes--along
with the rest of the March 21, 2018, SIP submittal--were available to
the public during the comment period in the docket of this action.
Section .0300, Air Pollution Emergencies, addresses the prevention
of buildup of air contaminants during an air pollution episode to
prevent a public health emergency. Rule .0302 is amended to update the
format of units, to update who proclaims air quality alerts and
warnings and declarations of emergency at various pollutant levels
requiring abatement actions from the Director to the Secretary's level
with concurrence of the Governor, to remove obsolete pollutant levels
triggering such proclamations or declarations and to renumber the
subsections because of the changes. The amendments to Rules .0303 and
.0304 update the format of references for emission reduction plans and
preplanned abatement programs. Rules .0305, .0306, and .0307 are
amended to eliminate redundant language in paragraph (b)(4) that is
already reflected in Paragraph (a)(2) for open burning requirements in
emission reduction plans.
Section .0400, Ambient Air Quality Standards, contains the ambient
air quality standards and associated monitoring methodologies for the
State and to be consistent with the NAAQS. Specifically, Rules .0401
and .0409, and .0410 are amended to update the format of units and
references, while administrative changes were made to .0402, .0404,
.0407, and .0408.
EPA proposed approval of the North Carolina March 21, 2018, SIP
revision to remove the oxygenated gasoline program and amend and re-
adopt state regulations, as mentioned above, on February 6, 2019 (see
84 FR 2109). The details of North Carolina's submission and the
rationale for EPA's actions are explained in the proposed rulemaking.
EPA did not receive any relevant comments on the proposed action. EPA
is now taking final action to approve the above-referenced revision.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference the
following air quality rules in Subchapter 2D Air Pollution Control
Requirements, Sections .0101, Definitions, .0103, Copies of Referenced
Federal Regulations, .0104, Incorporation by Reference, .0105, Mailing
List, .0201, Classification of Air Pollution Sources, .0202,
Registration of Air Pollution Sources, .0302, Episode Criteria, .0303,
Emission Reduction Plans, .0304, Preplanned Abatement Program, .0305,
Emission Reduction Plan: Alert Level, .0306, Emission Reduction Plan:
Warning Level, .0307, Emission Reduction Plan: Emergency Level, .0401,
Purpose, .0402, Sulfur Oxides, .0404, Carbon Monoxide, .0407, Nitrogen
Dioxide, .0408, Lead, .0409, PM10 Particulate Matter, .0410,
PM2.5 Particulate Matter, state effective January 1, 2018.
EPA is also finalizing the repeal of the oxygenated gasoline rules
under Subchapter 2D at Sections .1301, .1302, .1303, .1304, .1305.
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will
[[Page 14310]]
be incorporated by reference in the next update to the SIP
compilation.\2\
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\2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to approve the above-referenced changes
to the State of North Carolina SIP because they are consistent with the
CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices, if
they meet the criteria of the CAA. These actions merely approve state
law as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For that reason, these
actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 10, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Carbon
monoxide, Sulfur dioxide, Particulate Matter, Lead, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: March 21, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II--North Carolina
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2. Amend Sec. 52.1770(c)(1), under ``Subchapter 2D Air Pollution
Control Requirements'' by:
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a. Revising the entries for ``Section .0101'', ``Section .0103'',
``Section .0104'', ``Section .0105'', ``Section .0201'', ``Section
.0202'', ``Section .0302'', ``Section .0303'', ``Section .0304'',
``Section .0305'', ``Section .0306'', ``Section .0307'', ``Section
.0401'', ``Section .0402'', ``Section .0404'', ``Section .0407'',
``Section .0408'', ``Section .0409'', and ``Section .0410'', and
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b. Removing the heading ``Section .1300 Oxygenated Gasoline Standard''
including the entries ``Section .1301'' through ``Section .1305''.
The revisions reads as follows:
Sec. 52.1770 Identification of plan.
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(c) * * *
(1) EPA Approved North Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Subchapter 2D Air Pollution Control Requirements
Section .0100 Definitions and References
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Section .0101................. Definitions......... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
[[Page 14311]]
Section .0103................. Copies of Referenced 1/1/2018 4/10/2019 [Insert
Federal Regulations. Federal Register
citation].
Section .0104................. Incorporation by 1/1/2018 4/10/2019 [Insert
Reference. Federal Register
citation].
Section .0105................. Mailing List........ 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
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Section .0200 Air Pollution Sources
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Section .0201................. Classification of 1/1/2018 4/10/2019 [Insert
Air Pollution Federal Register
Sources. citation].
Section .0202................. Registration of Air 1/1/2018 4/10/2019 [Insert
Pollution Sources. Federal Register
citation].
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Section .0300 Air Pollution Emergencies
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* * * * * * *
Section .0302................. Episode Criteria.... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
Section .0303................. Emission Reduction 1/1/2018 4/10/2019 [Insert
Plans. Federal Register
citation].
Section .0304................. Preplanned Abatement 1/1/2018 4/10/2019 [Insert
Program. Federal Register
citation].
Section .0305................. Emission Reduction 1/1/2018 4/10/2019 [Insert
Plan: Alert Level. Federal Register
citation].
Section .0306................. Emission Reduction 1/1/2018 4/10/2019 [Insert
Plan: Warning Level. Federal Register
citation].
Section .0307................. Emission Reduction 1/1/2018 4/10/2019 [Insert
Plan: Emergency Federal Register
Level. citation].
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Section .0400 Ambient Air Quality Standards
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Section .0401................. Purpose............. 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
Section .0402................. Sulfur Oxides....... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
* * * * * * *
Section .0404................. Carbon Monoxide..... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
* * * * * * *
Section .0407................. Nitrogen Dioxide.... 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
Section .0408................. Lead................ 1/1/2018 4/10/2019 [Insert
Federal Register
citation].
Section .0409................. PM10 Particulate 1/1/2018 4/10/2019 [Insert
Matter. Federal Register
citation].
Section .0410................. PM2.5 Particulate 1/1/2018 4/10/2019 [Insert
Matter. Federal Register
citation].
* * * * * * *
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[FR Doc. 2019-06734 Filed 4-9-19; 8:45 am]
BILLING CODE 6560-50-P