[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Proposed Rules]
[Pages 15718-15720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06225]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0814 & EPA-R04-OAR-2012-0692; FRL-9908-43-Region 4]
Approval and Promulgation of Implementation Plans; Florida;
Infrastructure Requirement (Visibility) for the 1997 and 2006 PM, and
2008 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On April 18, 2008, and September 23, 2009, the Environmental
Protection Agency (EPA) received state implementation plan (SIP)
submissions from the State of Florida, through the Florida Department
of Environmental Protection (FDEP), regarding the infrastructure
elements for the 1997 annual Fine Particulate Matter (PM2.5)
National Ambient Air Quality Standards (NAAQS) and 2006 24-hour
PM2.5 NAAQS, respectively. On October 31, 2012, EPA received
a SIP submission from FDEP regarding the infrastructure elements for
the 2008 8-hour ozone NAAQS. Additionally, on October 22, 2013, FDEP
supplemented the three aforementioned infrastructure SIP submissions.
EPA is proposing to approve the elements of these infrastructure SIP
submissions, as supplemented on October 22, 2013, as they relate to the
protection of visibility in other states.
DATES: Written comments must be received on or before April 21, 2014.
ADDRESSES: Submit your comments related to the 1997 and 2006
PM2.5 SIP submissions, identified by Docket ID No. EPA-R04-
OAR-2012-0814, and related to the 2008 8-hour ozone SIP submission,
identified by Docket ID No. EPA-R04-OAR-2012-0692, by one of the
following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-Mail: R4-RDS-epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2012-0814,'' for the 1997 and 2006
PM2.5 SIP submissions or ``EPA-R04-OAR-2012-0692'' for the
2008 8-hour ozone SIP submission, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0814 for the 1997 and 2006 PM2.5 SIP submissions, or to
Docket ID No. EPA-R04-OAR-2012-0692 for the 2008 8-hour ozone SIP
submission. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact
[[Page 15719]]
you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management 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: Sean Lakeman or Nacosta Ward,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr.
Lakeman can be reached via electronic mail at [email protected] or
via telephone at (404) 562-9043. Ms. Ward can be reached via electronic
mail at [email protected] or via telephone at (404) 562-9140.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997 (62 FR 38652), EPA established an annual
PM2.5 NAAQS of 15.0 micrograms per cubic meter ([mu]g/m\3\),
based on a 3-year average of annual mean PM2.5
concentrations, and a 24-hour NAAQS of 65 [mu]g/m\3\. On October 17,
2006 (71 FR 61144), EPA retained the 1997 annual PM2.5 NAAQS
at 15.0 [mu]g/m\3\ based on a 3-year average of annual mean
PM2.5 concentrations and promulgated a new 24-hour NAAQS of
35 [mu]g/m\3\ based on a 3-year average of the 98th percentile of 24-
hour concentrations. On March 27, 2008 (77 FR 16436), EPA revised the
8-hour ozone NAAQS to 0.075 parts per million. By statute, SIPs meeting
the requirements of sections 110(a)(1) and (2) are to be submitted by
states within three years after promulgation of a new or revised NAAQS.
Sections 110(a)(1) and (2) require states to address basic SIP
requirements, including emissions inventories, monitoring, and modeling
to assure attainment and maintenance of the NAAQS.
EPA received Florida's infrastructure submissions on April 18,
2008, for the 1997 annual PM2.5 NAAQS; on September 23,
2009, for the 2006 24-hour PM2.5 NAAQS; and on October 31,
2012, for the 2008 8-hour ozone NAAQS. The rulemaking proposed through
today's action only addresses section 110(a)(2)(D)(i) visibility
requirements. Florida supplemented its September 23, 2009, submission
on April 18, 2011, to further address the required elements of sections
110(a)(2)(D)(i) and 110(a)(2)(D)(ii), and it supplemented the April 18,
2008, September 23, 2009, and October 31, 2012, submissions on October
23, 2013, stating that Florida has met the section 110(a)(2)(D)(ii)
visibility requirements for the 1997 annual PM2.5 NAAQS,
2006 24-hour PM2.5 NAAQS, and 2008 8-hour ozone NAAQS
through EPA's approval of the State's regional haze SIP submission and
incorporation of all relevant portions of Florida's visibility program
into the State's implementation plan.
II. What are states required to address under Section 110(a)(2)(D)?
Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
elements, commonly referred to as ``prongs,'' that must be addressed in
infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), prohibit any source or other
type of emissions activity in one state from contributing significantly
to nonattainment of the NAAQS in another state (``prong 1'') and from
interfering with maintenance of the NAAQS in another state (``prong
2''). The third and fourth prongs, which are codified in section
110(a)(2)(D)(i)(II), prohibit emissions activity in one state from
interfering with measures required to prevent significant deterioration
of air quality in another state (``prong 3'') and to protect visibility
in another state (``prong 4''). Section 110(a)(2)(D)(ii) requires SIPs
to include provisions ensuring compliance with sections 115 and 126 of
the Act relating to interstate and international pollution abatement.
Today's proposed rulemaking pertains only to requirements related
to prong 4 of section 110(a)(2)(D)(i)(II), which as previously
described, requires that the SIP contain adequate provisions to protect
visibility in other states. EPA's rationale for today's proposal that
Florida is meeting these prong 4 requirements for purposes of the 1997
annual PM2.5 NAAQS, 2006 24-hour PM2.5 NAAQS, and
2008 8-hour ozone NAAQS is provided below.
III. What is EPA's analysis of how Florida addressed the Section
110(a)(2)(D)(i)(II) Visibility Element?
EPA has made the preliminary determination that Florida's
infrastructure SIP submissions for the 1997 annual PM2.5
NAAQS, 2006 24-hour PM2.5 NAAQS, and 2008 8-hour ozone NAAQS
meet the requirements of prong 4 of section 110(a)(2)(D)(i)(II) because
the Agency has approved Florida's regional haze SIP,\1\ and Florida has
confirmed, through its October 22, 2013, supplement to its SIP
submissions, that it has met the prong 4 requirements of section
110(a)(2)(D)(ii) for these NAAQS through EPA's approval of the State's
regional haze SIP submission and incorporation of all relevant portions
of Florida's visibility program into the State's implementation plan.
Federal regulations require that a state's regional haze SIP contain a
long-term strategy to address regional haze visibility impairment in
each Class I area within the state and each Class I area outside the
state that may be affected by emissions from the state.\2\ A state
participating in a regional planning process, such as Florida, must
include all measures needed to achieve its apportionment of emissions
reduction obligations agreed upon through that process.\3\ EPA's
approval of Florida's regional haze SIP therefore ensures that
emissions from Florida are not interfering with measures to protect
visibility in other states, satisfying the requirements of prong 4 of
section 110(a)(2)(D)(i)(II) for the 1997 and 2006
[[Page 15720]]
PM2.5 NAAQS and for the 2008 8-hour ozone NAAQS.\4\
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\1\ 77 FR 71111 (November 29, 2012); 78 FR 53250 (August 29,
2013).
\2\ 40 CFR 51.308(d).
\3\ See, e.g., 40 CFR 51.308(d)(3)(ii). Florida participated in
the Visibility Improvement State and Tribal Association of the
Southeast (VISTAS) regional planning organization, a collaborative
effort of state governments, tribal governments, and various Federal
agencies established to initiate and coordinate activities
associated with the management of regional haze, visibility, and
other air quality issues in the Southeastern United States. Member
state and tribal governments included: Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, Tennessee,
Virginia, West Virginia, and the Eastern Band of the Cherokee
Indians.
\4\ See EPA's September 13, 2013, guidance document entitled
``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' at
pp. 32-35, available at: http:[sol][sol]www.epa.gov/air/urbanair/
sipstatus/infrastructure.html; see also memorandum from William T.
Harnett, Director, Air Quality Policy Division, Office of Air
Quality Planning and Standards, to Regional Air Division Directors,
entitled ``Guidance on SIP Elements Required Under Sections
110(1)(1) and (2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality Standards (NAAQS)''
(September 25, 2009) at pp. 5-6, available at:
http:[sol][sol]www.epa.gov/ttn/caaa/t1/memoranda/ 20090925_
harnett_pm25_sip_110a12.pdf.
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IV. Proposed Action
As described above, EPA is proposing to approve the infrastructure
SIP submissions from FDEP as addressing prong 4 of section
110(a)(2)(D)(i)(II) of the CAA for the 1997 and 2006 PM2.5
NAAQS and for the 2008 8-hour ozone NAAQS. Specifically, EPA is
proposing to approve FDEP's April 18, 2008, and September 23, 2009,
submissions for the 1997 and 2006 PM2.5 NAAQS, and FDEP's
October 31, 2011, submission for the 2008 8-hour ozone NAAQS, as
supplemented on October 22, 2013, as they pertain to prong 4 of section
110(a)(2)(D)(i)(II) because they are consistent with section 110 of the
CAA.
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. Accordingly, this
proposed 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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 10, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2014-06225 Filed 3-20-14; 8:45 am]
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