[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49524-49526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16905]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0718; FRL-9935-02-R4]


Air Plan Approval; NC: Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a State Implementation Plan (SIP) revision submitted by the 
State of North Carolina on December 14, 2020, through the Department of 
Environmental Quality (DEQ), Division of Air Quality (DAQ), for the 
purpose of removing Lee, Onslow, and Rockingham Counties from

[[Page 49525]]

North Carolina's motor vehicle inspection and maintenance (I/M) 
program. EPA is approving these changes pursuant to the Clean Air Act 
(CAA or Act).

DATES: This rule is effective September 12, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0718. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation 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: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9222. Ms. Sheckler can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    The DAQ submitted a SIP revision on December 14, 2020, seeking to 
remove Lee, Onslow, and Rockingham Counties from North Carolina's SIP-
approved I/M program. The DAQ submitted this SIP revision in response 
to North Carolina legislation enacted in Session Law 2020-5, House Bill 
85, which amended North Carolina General Statute section 143-
215.107A(c) to remove these three counties from the North Carolina I/M 
Program.\1\ Specifically, the North Carolina Act requires the 
elimination of Lee, Onslow, and Rockingham Counties from the I/M 
program and the retention of the I/M program in 19 counties (Alamance, 
Buncombe, Cabarrus, Cumberland, Davidson, Durham, Forsyth, Franklin, 
Gaston, Guilford, Iredell, Johnston, Lincoln, Mecklenburg, New Hanover, 
Randolph, Rowan, Union, and Wake).
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    \1\ The removal becomes effective the first day of a month that 
is sixty days after the State's Secretary of the DEQ certifies to 
the State's Revisor of Statutes that EPA approved the SIP revision.
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    Sections 187(a)(4) and 182(b)(4) of the CAA require the 
implementation of an I/M program in certain areas classified as 
moderate nonattainment or higher for the ozone or carbon monoxide (CO) 
NAAQS.\2\ Lee, Onslow, and Rockingham Counties have never been 
designated nonattainment for ozone or CO (or any other NAAQS) and are 
currently in attainment for all NAAQS. These three counties were 
included in the State's I/M program to provide North Carolina with 
emissions credit for the NOX SIP Call obligations. See 67 FR 
66056 (October 30, 2002). The NOX SIP Call, issued by EPA in 
1998, required some states, including North Carolina, to meet statewide 
NOX emission requirements during the ozone season (May 1 
through September 30 control period) to reduce the amount of ground 
level ozone that is transported across the eastern United States. See 
84 FR 8422 (March 8, 2019).
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    \2\ The I/M program was never a mandatory program pursuant to 
the CAA for Lee, Onslow, or Rockingham counties.
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    In a notice of proposed rulemaking (NPRM), published on June 22, 
2022, EPA proposed to approve the removal of Lee, Onslow, and 
Rockingham Counties from North Carolina's SIP-approved I/M program (and 
consequently, the removal of reliance on credits gained from I/M 
emissions reductions from Lee, Onslow and Rockingham Counties in the 
State's NOX Budget and Allowance Trading Program). See 87 FR 
37280. As explained in the June 22, 2022, NPRM, EPA found that the 
removal of the I/M program for the Lee, Onslow, and Rockingham Counties 
would not impact North Carolina's ability to attain or maintain 
compliance with the NAAQS and would not interfere with the State's 
obligations under the NOX SIP Call. Comments on the June 22, 
2022, NPRM, were due on or before July 22, 2022. EPA did not receive 
any adverse comments on the June 22, 2022, NPRM.

II. Final Action

    EPA is finalizing approval of North Carolina's December 14, 2020, 
SIP revision. Specifically, EPA is approving the removal of Lee, 
Onslow, and Rockingham Counties from the SIP-approved I/M program. 
Additionally, EPA finds that North Carolina's removal of the three 
counties from the SIP-approved I/M program (and the removal of reliance 
on the I/M emissions reductions generated from those counties as part 
of the ``credits'' in North Carolina's NOX emissions budget) 
will not interfere with the State's obligations under the 
NOX SIP Call to meet its Statewide NOX emissions 
budget. EPA finds that the approval of this revision will not interfere 
with continued attainment or maintenance of any applicable NAAQS, or 
with any other applicable requirement of the CAA. EPA also finds that 
North Carolina's December 14, 2020, SIP submission satisfies the 
requirements of section 110(l) of the CAA.

III. 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 
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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

[[Page 49526]]

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 October 11, 2022. 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 1, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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 in paragraph (e), amend the table by adding a new 
entry for ``Removal of Lee, Onslow, and Rockingham Counties from North 
Carolina's Inspection and Maintenance Program and 110(l) Non-
Interference Demonstration'' at the end to read as follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
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                                             State       EPA approval       Federal Register
               Provision                effective date       date               citation            Explanation
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                                                  * * * * * * *
Removal of Lee, Onslow, and Rockingham      12/14/2020       8/11/2022  [Insert citation of
 Counties from North Carolina's                                          publication].
 Inspection and Maintenance Program
 and 110(l) Non-Interference
 Demonstration.
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[FR Doc. 2022-16905 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P


