[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2245-2247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28664]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0265; FRL-9781-02-R4]


Air Plan Approval; North Carolina; Charlotte-Gastonia-Rock Hill 
Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS

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, through the North Carolina Department of 
Environment Quality, Division of Air Quality (DAQ), via a letter dated 
December 9, 2021. The SIP revision includes the 1997 8-hour ozone 
National Ambient Air Quality Standards (NAAQS) Limited Maintenance Plan 
(LMP) for the North Carolina portion (hereinafter referred to as the 
Metrolina Area) of the Charlotte-Gastonia-Rock Hill NC-SC 1997 8-hour 
ozone maintenance area (hereinafter referred to as the ``Charlotte NC-
SC 1997 8-hour NAAQS Area'' or ``bi-state Charlotte Area''). The 
Charlotte NC-SC 1997 8-hour NAAQS Area is comprised of Cabarrus, 
Gaston, Lincoln, Mecklenburg, Rowan and Union Counties and a portion of 
Iredell County (i.e., Davidson and Coddle Creek Townships) in North 
Carolina; and the Rock Hill Metropolitan Planning Organization boundary 
in York County, South Carolina. EPA is finalizing approval because the 
LMP provides for the maintenance of the 1997 8-hour ozone NAAQS within 
the Metrolina Area through the end of the second 10-year portion of the 
maintenance period. This action makes certain commitments related to 
maintenance of the 1997 8-hour ozone NAAQS in the Metrolina Area 
federally enforceable as part of the North Carolina SIP.

DATES: This rule is effective February 13, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0265. 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

[[Page 2246]]

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: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Clean Air Act (CAA or Act), EPA is approving 
the Metrolina Area's LMP for the 1997 8-hour ozone NAAQS, adopted and 
submitted by DAQ as a revision to the North Carolina SIP on December 9, 
2021. In 2004, the Charlotte NC-SC 1997 8-hour NAAQS Area, which 
includes the Metrolina Area, was designated as nonattainment for the 
1997 8-hour ozone NAAQS. Subsequently, in 2013, after a clean data 
determination \1\ and EPA's approval of a maintenance plan, the North 
Carolina portion of the Charlotte NC-SC 1997 8-hour NAAQS Area, which 
includes the Metrolina Area, was redesignated to attainment for the 
1997 8-hour ozone NAAQS. See 78 FR 72036 (December 2, 2013).
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    \1\ See 76 FR 70656 (November 15, 2011).
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    The Metrolina Area LMP is designed to maintain the 1997 8-hour 
ozone NAAQS within the Metrolina Area through the end of the second 10-
year portion of the maintenance period beyond redesignation. EPA is 
finalizing the approval of the plan because it meets all applicable 
requirements under CAA sections 110 and 175A. As a general matter, the 
Metrolina Area LMP relies on the same control measures and contingency 
provisions to maintain the 1997 8-hour ozone NAAQS during the second 
10-year portion of the maintenance period as the maintenance plan 
submitted by DAQ for the first 10-year period.
    In a notice of proposed rulemaking (NPRM), published on November 
21, 2022 (87 FR 70758), EPA proposed to approve the Area's LMP because 
the State made a showing, consistent with EPA's prior LMP guidance, 
that the Charlotte NC-SC 1997 8-hour NAAQS Area's ozone concentrations 
are well below the 1997 8-hour ozone NAAQS, have been historically 
stable, and that it has met all other maintenance plan requirements. 
The details of North Carolina's submission and the rationale for EPA's 
action are explained further in the November 21, 2022, NPRM. Comments 
on the November 21, 2022, NPRM were due on or before December 21, 2022. 
No comments were received on the November 21, 2022, NPRM, adverse or 
otherwise.

II. Final Action

    In accordance with sections 110(k) and 175A of the CAA, and for the 
reasons set forth in the November 21, 2022, NPRM, EPA is finalizing the 
Metrolina Area LMP for the 1997 8-hour ozone NAAQS, as submitted by 
NCDAQ on December 9, 2021. EPA is finalizing the approval of the 
Metrolina Area LMP because it includes an acceptable update of various 
elements of the 1997 8-hour ozone NAAQS Maintenance Plan approved by 
EPA for the first 10-year period (including emissions inventory, 
assurance of adequate monitoring and verification of continued 
attainment, and contingency provisions), and retains the relevant 
provisions of the SIP. EPA also finds that the Metrolina Area qualifies 
for the LMP option and that, therefore, the Metrolina Area's LMP 
adequately demonstrates maintenance of the 1997 8-hour ozone NAAQS 
through documentation of monitoring data showing maximum 1997 8-hour 
ozone levels well below the NAAQS and continuation of existing control 
measures. EPA believes that the Metrolina Area's 1997 8-Hour Ozone LMP 
is sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS 
in the Metrolina Area over the second 10-year maintenance period, 
through 2034, and thereby satisfies the requirements for such a plan 
under CAA section 175A(b).

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 information collection burdens under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having significant economic impacts on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandates 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).
    This SIP revision 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

[[Page 2247]]

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 March 14, 2023. 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 oxides, Ozone, 
Reporting and recordkeeping Requirements, Volatile organic compounds.

    Dated: December 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, 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, amend the table in paragraph (e) by adding an 
entry for ``1997 8-hour Ozone 2nd Maintenance Plan (Limited Maintenance 
Plan) for the North Carolina portion of the bi-state Charlotte Area'' 
at the end of the table 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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                                                  * * * * * * *
1997 8-hour Ozone 2nd Maintenance Plan       12/9/2021       1/13/2023  [Insert Federal Register
 (Limited Maintenance Plan) for the                                      citation].
 North Carolina portion of the bi-
 state Charlotte Area.
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[FR Doc. 2022-28664 Filed 1-12-23; 8:45 am]
BILLING CODE 6560-50-P


