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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
TABLE 4NEW SAFETY MARGINS FOR THE NORTH CAROLINA PORTION OF THE CHARLOTTE MAINTENANCE AREA
NOX
tons/day
Year 2014
2015
2018
2022
2026

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III. Final Action EPA has evaluated North Carolinas submittal and has determined that it meets the applicable requirements of the CAA and EPA regulations, and is consistent with EPA policy.
Therefore, EPA is approving NCDAQs July 16, 2020 SIP revision requesting to revise the Charlotte 2008
8-hr Ozone Maintenance Plan in order to allocate a portion of the available safety margin to the 2026 NOX and VOC
MVEBs. The revised MVEBs ensure continued attainment of the 2008 8-hour ozone NAAQS through the maintenance year 2026. In addition, EPA is deeming the MVEBs adequate for transportation conformity purposes because the budgets meet the adequacy criteria in the conformity rule at 40 CFR
93.118e4. Within 24 months from the effective date of this approval, the transportation partners are required to demonstrate conformity to the revised NOX and VOC MVEBs pursuant to 40
CFR 93.104e.
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.
See 42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided 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.;

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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. 1044;
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 12d 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.
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
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VOC
tons/day
N/A
5.99
45.49
63.74
63.31

N/A
2.03
13.30
15.84
10.73

is published in the Federal Register.
This action is not a major rule as defined by 5 U.S.C. 8042.
Under section 307b1 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 25, 2021. 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 307b2.
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 18, 2021.
John Blevins, Acting Regional Administrator, Region 4.

For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:

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

Subpart IINorth Carolina 2. In section 52.1770 in paragraph e amend the table by adding a new entry for MVEB Revision to the 2008 8-hour ozone Maintenance Plan for the North Carolina portion of the bi-state Charlotte Area at the end of the table to read as follows:

52.1770

Identification of plan.

e

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