[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Proposed Rules]
[Pages 49330-49332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21328]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0531; FRL-9984-83--Region 4]


Air Plan Approval; North Carolina; Ozone NAAQS Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of North Carolina through the North Carolina Division of Air 
Quality (NCDAQ) with a letter dated March 21, 2018. The SIP submittal 
includes changes to the State's air quality rules for ozone to be 
consistent with the National Ambient Air Quality Standards (NAAQS). EPA 
is proposing to approve these provisions of the SIP revision because 
the State has demonstrated that these changes are consistent with the 
Clean Air Act (CAA or Act) and federal regulations.

DATES: Comments must be received on or before October 31, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0531 at https://www.regulations.gov. Follow the online

[[Page 49331]]

instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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. The telephone number is (404) 562-9088. Ms. Bell can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

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 rule, EPA is proposing to approve revisions to the 
North Carolina air quality rules addressing Rule 15A NCAC 02D .0405, 
Ozone, in the North Carolina SIP. EPA notes that the cover letter was 
dated March 21, 2018.\1\ Rule 15A NCAC 02D.0405 is amended by updating 
air quality standards to reflect the most recent ozone NAAQS as well as 
making textual modifications in the following manner: Removing 0.075 
parts per million (ppm) and replacing it with 0.070 ppm; deleting ``8-
hour'' and replacing it with ``eight-hour''; deleting the word ``is'' 
and replacing it with ``shall be'' and later ``shall be deemed''; and 
deleting Appendix P, which referenced the 2008 Ozone Standard, and 
replacing it with Appendix U, which references the 2015 Ozone Standard. 
The SIP submission amending the North Carolina regulations to 
incorporate the most recent ozone NAAQS can be found in the docket for 
this rulemaking at www.regulations.gov and is summarized below.
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    \1\ The submittal date is the date of receipt by EPA, which was 
April 4, 2018.
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II. EPA's Analysis of North Carolina's Submittal

    On October 26, 2015, EPA promulgated revised 8-hour primary and 
secondary ozone NAAQS, strengthening both from 0.075 ppm to 0.070 ppm 
(the 2015 8-hour Ozone NAAQS). See 80 FR 65292. Accordingly, in the 
March 21, 2018, SIP submission, North Carolina revised Rule 15A NCAC 
02D .0405, ``Ozone,'' by updating the State's air quality standard to 
be consistent with the 2015 8-hour Ozone NAAQS promulgated by EPA in 
2015. EPA is proposing to approve this change because it is consistent 
with the CAA and Federal regulations.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the NCDAQ Rule 15A NCAC 02D .0405 entitled ``Ozone,'' state 
effective January 1, 2018, which revises the ozone standard to be 
consistent with the 2015 ozone NAAQS. 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).

IV. Proposed Action

    EPA is proposing to approve the State of North Carolina's March 21, 
2018, SIP submission identified in sections I and II above, because 
these changes are consistent with the CAA and federal regulations.

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. 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, 
provided that they meet the criteria of the CAA. This action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed action:
     Is not a significant regulatory action 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by

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reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: September 19, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-21328 Filed 9-28-18; 8:45 am]
 BILLING CODE 6560-50-P


