[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48255-48259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19840]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0177; FRL-9932-30-Region 4]


Approval and Promulgation of Implementation Plans; Alabama, 
Mississippi and South Carolina; Certain Visibility Requirements for the 
2008 Ozone Standards

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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[[Page 48256]]

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve portions of submissions from Alabama, 
Mississippi, and South Carolina for inclusion into each State's 
implementation plan. This action pertains to the Clean Air Act (CAA or 
Act) infrastructure requirements for the 2008 8-hour ozone National 
Ambient Air Quality Standards (NAAQS). The CAA requires that each state 
adopt and submit a state implementation plan (SIP) for the 
implementation, maintenance, and enforcement of each NAAQS promulgated 
by EPA. These submissions are commonly referred to as ``infrastructure 
SIP submissions''. Specifically, EPA is approving the portions of the 
submissions from Alabama, Mississippi, and South Carolina that pertain 
to a certain visibility requirement related to the 2008 8-hour ozone 
infrastructure SIPs for each state. All other applicable infrastructure 
requirements for the 2008 8-hour ozone NAAQS associated with these 
States' infrastructure submissions have been or will be addressed in 
separate rulemakings.

DATES: This direct final rule is effective on October 13, 2015 without 
further notice, unless EPA receives relevant adverse comment by 
September 11, 2015. If EPA receives such comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0177, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: 404-562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0177,'' Air Regulatory Management 
Section, Air Planning and Implementation 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, Air 
Regulatory Management Section, Air Planning and Implementation 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-
2015-0177''. 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 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 Air Regulatory Management Section, Air Planning and 
Implementation 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: Nacosta Ward, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    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 to provide for the implementation, 
maintenance, and enforcement of the new or revised NAAQS. EPA has 
historically referred to these SIP submissions made for the purpose of 
satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as 
``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require 
states to address basic SIP elements such as for monitoring, basic 
program requirements and legal authority that are designed to assure 
attainment and maintenance of the newly established or revised NAAQS. 
More specifically, section 110(a)(1) provides the procedural and timing 
requirements for SIPs. Section 110(a)(2) lists specific elements that 
states must meet for the ``infrastructure'' SIP requirements related to 
a newly established or revised NAAQS. The contents of an infrastructure 
SIP submission may vary depending upon the data and analytical tools 
available to the state, as well as the provisions already contained in 
the state's implementation plan at the time in which the state develops 
and submits the submission for a new or revised NAAQS.
    On March 27, 2008, EPA promulgated a revised NAAQS for ozone based 
on 8-hour average concentrations. EPA revised the level of the 8-hour 
ozone NAAQS to 0.075 parts per million. See 77 FR 16436. States were 
required to submit infrastructure SIP submissions for the 2008 8-hour 
ozone NAAQS to EPA by March 2011. Infrastructure SIPs for the 2008 8-
hour ozone NAAQS were provided on August 20, 2012, for Alabama; on May 
29, 2012, and resubmitted July 26, 2012, for Mississippi; and on July 
17, 2012, for South Carolina. Through this action, EPA is proposing 
approval of the

[[Page 48257]]

visibility requirements of section 110(a)(2)(J) for the infrastructure 
SIP submissions from the states of Alabama, Mississippi, and South 
Carolina for the 2008 8-hour ozone NAAQS. All other applicable 
infrastructure requirements for the 2008 8-hour ozone NAAQS associated 
with these States have been or will be addressed in separate 
rulemakings.\1\
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    \1\ With the exception of provisions pertaining to prevention of 
significant deterioration (PSD) permitting, interstate transport, 
and visibility protection requirements, EPA took action on the 
infrastructure SIP submissions for Alabama, Mississippi and South 
Carolina for the 2008 8-hour ozone NAAQS on 80 FR 17689 (April 2, 
2015), 80 FR 11131 (March 2, 2015), and 80 FR 11136 (March 2, 2015), 
respectively. EPA took action for the PSD portions of the Alabama, 
Mississippi and South Carolina infrastructure submissions on March 
18, 2015. See 80 FR 14019.
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II. What is EPA's analyses of submittals from Alabama, Mississippi and 
South Carolina for Section 110(a)(2)(J) in relation to visibility?

    EPA's September 13, 2013, memorandum entitled ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements under Clean Air 
Act Sections 110(a)(1) and 110(a)(2)''notes that EPA does not treat the 
visibility protection aspects of section 110(a)(2)(J) as applicable for 
purposes of the infrastructure SIP approval process. EPA recognizes 
that states are subject to visibility protection and regional haze 
program requirements under Part C of the Act (which includes sections 
169A and 169B). However, in the event of the establishment of a new 
primary NAAQS, the visibility protection and regional haze program 
requirements under part C of the CAA do not change. Thus, EPA does not 
expect state infrastructure SIP submittals to address the visibility 
component of this element. Below provides more detail on how Alabama, 
Mississippi and South Carolina addressed the visibility requirements of 
section 110(a)(2)(J).

a. Alabama

    As noted above, there are no newly applicable visibility protection 
obligations after the promulgation of a new or revised NAAQS. Thus, EPA 
has determined that states do not need to address the visibility 
component of 110(a)(2)(J) in infrastructure SIP submittals. In 
accordance with EPA's guidance, Alabama did not address the section 
110(a)(2)(J) visibility element in its infrastructure SIP submission. 
Because states do not need to address this element, EPA has made the 
determination that Alabama's infrastructure SIP submission for the 
section 110(a)(2)(J) visibility element related to the 2008 8-hour 
ozone NAAQS is approvable.

b. Mississippi

    Mississippi referenced its regional haze program as germane to the 
visibility component of section 110(a)(2)(J). As noted above, EPA has 
determined that states do not need to address the visibility component 
of 110(a)(2)(J) in infrastructure SIP submittals so Mississippi does 
not need to rely on its regional haze program to fulfill its 
obligations under section 110(a)(2)(J). As such, EPA has made the 
preliminary determination that it does not need to address the 
visibility protection element of section 110(a)(2)(J) in Mississippi's 
infrastructure SIP submission related to the 2008 8-hour ozone NAAQS.

c. South Carolina

    South Carolina referenced its regional haze program as germane to 
the visibility component of section 110(a)(2)(J). As noted above, EPA 
has determined that states do not need to address the visibility 
component of 110(a)(2)(J) in infrastructure SIP submittals so South 
Carolina does not need to rely on its regional haze program to fulfill 
its obligations under section 110(a)(2)(J). As such, EPA has made the 
preliminary determination that it does not need to address the 
visibility protection element of section 110(a)(2)(J) in South 
Carolina's infrastructure SIP submission related to the 2008 8-hour 
ozone NAAQS.

III. Final Action

    Today, EPA is approving the portions of the submissions from 
Alabama, Mississippi, and South Carolina that relate visibility 
requirements of 110(a)(2)(J) for the 2008 8-hour ozone infrastructure 
SIPs for each state. EPA is approving of these portions of these 
submissions because they are consistent with section 110 of the CAA.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a non-controversial revision and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comment be filed. This rule will be effective on 
October 13, 2015 without further notice unless the Agency receives 
relevant adverse comment by September 11, 2015. If EPA receives such 
comments, EPA will publish a document withdrawing the final rule and 
informing the public that the rule will not take effect. EPA will 
address all relevant adverse comment received during the comment period 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so by September 11, 2015. If no such 
comments are received, this rule will be effective on October 13, 2015 
and no further action will be taken on the proposed rule.

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. 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 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 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

[[Page 48258]]

health or environmental effects, using practicable and legally 
permissible methods, under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    With the exception of South Carolina, the SIPs involved in this 
action are 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. With respect to 
today's action as it relates to South Carolina, this direct final rule 
does not have Tribal implications as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000), because it does not have substantial 
direct effects on an Indian Tribe. The Catawba Indian Nation 
Reservation is located in the York County, South Carolina Area. 
Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 
27-16-120, ``all state and local environmental laws and regulations 
apply to the [Catawba Indian Nation] and Reservation and are fully 
enforceable by all relevant state and local agencies and authorities.'' 
EPA notes that today's action will not 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 13, 2015. 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 dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended 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 B--Alabama

0
2. Section 52.50(e), is amended by adding a new entry for ``110(a)(1) 
and (2) Infrastructure Requirements for the 2008 Ozone NAAQS'' at the 
end of the table to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
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                                     Applicable      State submittal
   Name of nonregulatory SIP        geographic or     date/effective   EPA approval date        Explanation
           provision             nonattainment area        date
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                                                  * * * * * * *
110(a)(1) and (2)                Alabama...........       8/20/2012   8/12/2015 [Insert   Addressing the
 Infrastructure Requirements                                           citation of         visibility
 for the 2008 Ozone NAAQS.                                             publication].       requirements of
                                                                                           110(a)(2)(J) only.
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Subpart Z--Mississippi

0
3. Section 52.1270(e), is amended by adding a new entry for ``110(a)(1) 
and (2) Infrastructure Requirements for the 2008 Ozone NAAQS'' at the 
end of the table to read as follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable      State submittal
   Name of nonregulatory SIP        geographic or     date/effective   EPA approval date        Explanation
           provision             nonattainment area        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)                Mississippi.......       7/26/2012   8/12/2015 [Insert   Addressing the
 Infrastructure Requirements                                           citation of         visibility
 for the 2008 Ozone NAAQS.                                             publication].       requirements of
                                                                                           110(a)(2)(J) only.
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[[Page 48259]]

Subpart PP--South Carolina

    4. Section 52.2120(e), is amended by adding a new entry for 
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone 
NAAQS'' at the end of the table to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
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                                        State effective
               Provision                      date           EPA approval date              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure             7/17/2012   8/12/2015 [Insert         Addressing the visibility
 Requirements for the 2008 Ozone NAAQS.                   citation of               requirements of 110(a)(2)(J)
                                                          publication].             only.
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[FR Doc. 2015-19840 Filed 8-11-15; 8:45 a.m.]
 BILLING CODE 6560-50-P