
[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28747-28749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11562]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0602; FRL-9813-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Rule.

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SUMMARY: EPA is taking direct final action to approve a portion of a 
revision to the North Carolina State Implementation Plan (SIP) 
submitted on February 3, 2010, through the North Carolina Department of 
Environment and Natural Resources (NC DENR). This revision updates the 
North Carolina SIP to reflect EPA's current national ambient air 
quality standards for ozone, lead, and particulate matter found in the 
Code of Federal Regulations.

DATES: This direct final rule is effective July 15, 2013 without 
further notice, unless EPA receives adverse comment by June 17, 2013. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0602, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-RDS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2007-0602, 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: 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 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2007-0602. 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 Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if 
at all possible, you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling 
and Transportation 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. Ms. 
Sheckler's telephone number is 404-562-9222. She can also be reached 
via electronic mail at Sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS to protect public health and 
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards 
themselves. EPA's regulatory provisions that govern the NAAQS are found 
at 40 CFR 50--National Primary and Secondary Ambient Air Quality 
Standards. In this rulemaking, EPA is proposing to approve a portion of 
North Carolina's February 3, 2010, submission amending the State's 
NAAQS table for ozone, lead and particulate matter that are found at 
15A NCAC 02D .0405, .0408, .0409, and .0410. The SIP submittal amending 
North Carolina's rules to incorporate the NAAQS can be found in the 
Docket for this proposed rulemaking at www.regulations.gov and are 
summarized below. The remainder of North Carolina's February 3, 2010, 
SIP revision is being considered in a separate rulemaking.

II. Analysis of the State's Submittal

a. Ozone

    On March 27, 2008, EPA revised the primary and secondary NAAQS for 
the 8-hour ozone to 75 parts per billion (ppb) to provide increased 
protection of public health and welfare, respectively. See 73 FR 16436. 
Accordingly, in a February 3, 2010, SIP submission, North Carolina 
updated state rule 15A NCAC 02D .0405 ``Ozone'' to update the 
definition for ozone to be consistent with the 8-hour ozone NAAQS that 
were promulgated in 2008. EPA has reviewed this revision to North 
Carolina's rule for ozone and has made the determination that this 
change is consistent with federal regulations; thus

[[Page 28748]]

EPA is approving this change to North Carolina's SIP.

b. Lead

    On November 12, 2008, EPA revised the lead NAAQS from 1.5 
micrograms per cubic meter ([micro]g/m\3\) to 0.15 [micro]g/m\3\ based 
on a rolling 3-month average for both the primary and secondary 
standards. See 73 FR 66964. Accordingly, in a February 3, 2010, SIP 
submission, North Carolina updated state rule 15A NCAC 02D .0408 
``Lead'' to update the definition for lead to be consistent with the 
NAAQS that were promulgated in 2008. EPA has reviewed this revision to 
North Carolina's rule for lead and has made the determination that this 
change is consistent with federal regulations; thus, EPA is approving 
this change to North Carolina's SIP.

c. Particulate Matter

    On October 17, 2006, EPA retained the annual average NAAQS at 15 
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again 
on the 3-year average of the 98th percentile of 24-hour concentrations. 
Under EPA regulations at 40 CFR part 50, the primary and secondary 2006 
24-hour PM2.5 NAAQS are attained when the annual arithmetic 
mean concentration, as determined in accordance with 40 CFR part 50, 
Appendix N, is less than or equal to 35 [micro]g/m\3\ at all relevant 
monitoring sites in the subject area over a 3-year period. See 71 FR 
61144. Accordingly, in a February 3, 2010, SIP submission, North 
Carolina updated state rule 15A NCAC 02D .0410 ``PM2.5 
Particulate Matter'' to update the definition for 24-hour 
PM2.5 NAAQS to be consistent with the NAAQS that were 
promulgated in 2006. EPA has reviewed this revision to North Carolina's 
rule for the 24-hour PM2.5 NAAQS and has made the 
determination that this change is consistent with federal regulations; 
thus, EPA is approving this change to North Carolina's SIP.
    Additionally, on October 17, 2006, EPA revoked the PM10 
annual NAAQS of 50 [mu]g/m\3\, while keeping in place the 24-hour 
PM10 NAAQS of 150 [mu]g/m\3\. See 71 FR 61144. Accordingly, 
in a February 3, 2010, SIP submission, North Carolina updated state 
rule 15A NCAC 02D .0409 ``PM10 Particulate Matter'' to 
update the definition for the PM10 NAAQS to be consistent 
with the NAAQS that were promulgated in 2006. EPA has reviewed this 
revision to North Carolina's rule for the 24-hour PM10 NAAQS 
and has made the determination that this change is consistent with 
federal regulations; thus, EPA is approving this change to North 
Carolina's SIP.

III. Final Action

    EPA is approving the aforementioned changes to the State of North 
Carolina SIP, because it is consistent with EPA's standards for ozone, 
lead and particulate matter. EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial submittal 
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 adverse comments be filed. This rule will be effective 
July 15, 2013 without further notice unless the Agency receives adverse 
comments by June 17, 2013.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on July 15, 2013 and no 
further action will be taken on the proposed rule.

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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 15, 2013. 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. Parties with objections to this direct final rule are 
encouraged to file a

[[Page 28749]]

comment in response to the parallel notice of proposed rulemaking for 
this action published in the proposed rules section of today's Federal 
Register; rather than file an immediate petition for judicial review of 
this direct final rule, so that EPA can withdraw this direct final rule 
and address the comment in the proposed rulemaking. 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, Volatile organic compounds.

    Dated: May 1, 2013.
A. Stanley Meiburg,
Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart II--North Carolina

0
2. Section 52.1770 (c) is amended under Table 1, at Subchapter 2D Air 
Pollution Control Requirements, Section .0400 Ambient Air Quality 
Standards by revising the entries for ``.0405,'' ``.0408,'' ``.0409'' 
and ``.0410'' to read as follows:


Sec.  52.1770  Identification of plan .

* * * * *
    (c)* * *

                                     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
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                                                  * * * * * * *
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                                   Section .0400 Ambient Air Quality Standards
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                                                  * * * * * * *
Section .0405....................  Ozone..............        1/1/2010  5/16/2013 [Insert    ...................
                                                                         citation of
                                                                         publication].
 
                                                  * * * * * * *
Section .0408....................  Lead...............        1/1/2010  5/16/2013 [Insert    ...................
                                                                         citation of
                                                                         publication].
Section .0409....................  Particulate Matter.        1/1/2010  5/16/2013 [Insert    ...................
                                                                         citation of
                                                                         publication].
Section .0410....................  PM2.5 Particulate          1/1/2010  5/16/2013 [Insert    ...................
                                    Matter.                              citation of
                                                                         publication].
 
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[FR Doc. 2013-11562 Filed 5-15-13; 8:45 am]
BILLING CODE 6560-50-P


