[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Rules and Regulations]
[Pages 24496-24497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09587]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0150; FRL-9945-62-Region 4]
Air Quality Plans; North Carolina; Infrastructure Requirements
for the 2010 Sulfur Dioxide National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of the State Implementation Plan (SIP)
submission, submitted by the State of North Carolina, through the
Department of Environmental Quality, formerly the Department of
Environment and Natural Resources, Division of Air Quality (DAQ), on
March 18, 2014, for inclusion into the North Carolina SIP. This final
action pertains to the infrastructure requirements of the Clean Air Act
(CAA or Act) for the 2010 1-hour sulfur dioxide (SO2)
national ambient air quality standard (NAAQS). The CAA requires that
each state adopt and submit a SIP for the implementation, maintenance
and enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure SIP submission.'' DAQ certified that
the North Carolina SIP contains provisions that ensure the 2010 1-hour
SO2 NAAQS is implemented, enforced, and maintained in North
Carolina. EPA has determined that the North Carolina's infrastructure
SIP submission, provided to EPA on March 18, 2014, satisfies certain
required infrastructure elements for the 2010 1-hour SO2
NAAQS.
DATES: This rule will be effective May 26, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0150. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not 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 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: Michele Notarianni, 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. Ms. Notarianni can be reached via electronic mail at
[email protected] or via telephone at (404) 562-9031.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On June 22, 2010 (75 FR 35520), EPA revised the primary
SO2 NAAQS to an hourly standard of 75 parts per billion
(ppb) based on a 3-year average of the annual 99th percentile of 1-hour
daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIPs meeting the applicable requirements
of section 110(a)(2) within three years after promulgation of a new or
revised NAAQS or within such shorter period as EPA may prescribe.
Section 110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. States were required to submit such SIPs for the 2010 1-hour
SO2 NAAQS to EPA no later than June 2, 2013.\1\
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\1\ Today, EPA is providing clarification for an inadvertent
typographical error that was included in the February 25, 2016,
proposed rulemaking, for this final action. In the February 25,
2016, proposed rulemaking it was stated that the 2010 1-hour
SO2 NAAQS infrastructure SIPs were due no later than June
22, 2013. The 2010 1-hour SO2 NAAQS infrastructure SIPs
were actually due to EPA from states no later than June 2, 2013.
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In a proposed rulemaking published on February 25, 2016, EPA
proposed to approve North Carolina's 2010 1-hour SO2 NAAQS
infrastructure SIP submission submitted on March 18, 2014, with the
exception of the PSD permitting requirements for major sources of
section 110(a)(2)(C) and (J), the interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and state
boards requirements of section 110(a)(2)(E)(ii).\2\ See 81 FR 9398. The
details of North Carolina's submission and the rationale for EPA's
actions are explained in the proposed rulemaking. Comments on the
proposed rulemaking were due on or before March 28, 2016. EPA received
no comments on the proposed action.
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\2\ On November 3, 2015, in a previous rulemaking, EPA approved
the requirements for state boards for North Carolina in relation to
the 2010 SO2 NAAQS. See 80 FR 67645.
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II. Final Action
With the exception of the PSD permitting requirements for major
sources of section 110(a)(2)(C) and (J), the interstate transport
requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through
4), and state boards requirements of section 110(a)(2)(E)(ii), EPA is
taking final action to approve North Carolina's infrastructure
submission submitted on March 18, 2014, for the 2010 1-hour
SO2 NAAQS. EPA is taking final action to approve portions of
North Carolina's infrastructure SIP submission for the 2010 1-hour
SO2 NAAQS because the submission is consistent with section
110 of the CAA.
[[Page 24497]]
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. Accordingly, 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.);
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).
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 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 June 27, 2016. 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, Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: April 14, 2016.
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 II--North Carolina
0
2. Section 52.1770(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2010 1-hour SO2
NAAQS'' 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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* * * * * * *
110(a)(1) and (2) Infrastructure 3/18/2014 4/26/2016 [Insert citation of With the exception of
Requirements for the 2010 1-hour publication in the PSD permitting
SO2 NAAQS. Federal Register]. requirements for major
sources of sections
110(a)(2)(C) and (J),
the interstate
transport requirements
of section
110(a)(2)(D)(i)(I) and
(II) (prongs 1, 2, 3,
and 4), and the state
board requirements of
section 110(E)(ii).
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[FR Doc. 2016-09587 Filed 4-25-16; 8:45 am]
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