Rule2022-28664
Air Plan Approval; North Carolina; Charlotte-Gastonia-Rock Hill Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
Primary source
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Published
January 13, 2023
Effective
February 13, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 9 (Friday, January 13, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection#5c303d2e333f3f3d722f3d2e3d341c392c3d723b332a"><span class="__cf_email__" data-cfemail="cba7aab9a4a8a8aae5b8aab9aaa38baebbaae5aca4bd">[email protected]</span></a>.
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:
<bullet> 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);
<bullet> Does not impose information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
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</html>Indexed from Federal Register on January 13, 2023.
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