[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35634-35636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13036]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0072; FRL-9947-22-Region 4]


Air Plan Approval; North Carolina; Prong 4--2008 Ozone, 2010 
NO2, SO2, and 2012 PM2.5

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of revisions to the North Carolina State Implementation Plan 
(SIP), submitted by the North Carolina Department of Environment and 
Natural Resources (NC DENR), addressing the Clean Air Act (CAA or Act) 
visibility transport (prong 4) infrastructure SIP requirements for the 
2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide (NO2), 2010 
1-hour Sulfur Dioxide (SO2), and 2012 annual Fine 
Particulate Matter (PM2.5) National Ambient Air Quality 
Standards (NAAQS). The CAA requires that each state adopt and submit a 
SIP for the implementation, maintenance, and enforcement of each NAAQS 
promulgated by EPA, commonly referred to as an ``infrastructure SIP.'' 
Specifically, EPA is approving the prong 4 portions of North Carolina's 
November 2, 2012, 2008 8-hour Ozone infrastructure SIP submission; 
August 23, 2013, 2010 1-hour NO2 infrastructure SIP 
submission; March 18, 2014, 2010 1-hour SO2 infrastructure 
SIP submission; and December 4, 2015, 2012 Annual PM2.5 
infrastructure SIP submission. All other applicable infrastructure 
requirements for these SIP submissions have been or will be addressed 
in separate rulemakings.

DATES: This rule is effective July 5, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0072. All documents in the docket 
are listed on the http://www.regulations.gov Web site. 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 http://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: Sean Lakeman of 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. Mr. Lakeman can be reached by telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and 
(2) of the CAA 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 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 the 
requirements 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 
infrastructure 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.
    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 
components, 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), are provisions that 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), are provisions that prohibit 
emissions activity in one state from interfering with measures required 
to prevent significant deterioration of air quality in another state 
(prong 3) or from interfering with measures 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.
    North Carolina's November 2, 2012, 2008 8-hour Ozone submission; 
August 23, 2013, 2010 1-hour NO2 submission; March 18, 2014, 
2010 1-hour SO2 submission; and December 4, 2015, 2012 
Annual PM2.5 submission cite to the State's regional haze 
SIP as satisfying prong 4 requirements. However, at those dates, EPA 
had not yet fully approved North Carolina's regional haze SIP because 
the SIP relied on the Clean Air Interstate Rule (CAIR) to satisfy the 
nitrogen oxides (NOX) and SO2 Best Available 
Retrofit Technology (BART) requirements for the CAIR-subject electric 
generating units (EGUs) in the State and the requirement for a long-
term strategy (LTS) sufficient to achieve the state-adopted reasonable 
progress goals.\1\
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    \1\ CAIR, promulgated in 2005, required 27 states and the 
District of Columbia to reduce emissions of NOX and 
SO2 that significantly contribute to, or interfere with 
maintenance of, the 1997 NAAQS for fine particulates and/or ozone in 
any downwind state. CAIR imposed specified emissions reduction 
requirements on each affected State, and established an EPA-
administered cap and trade program for EGUs in which States could 
join as a means to meet these requirements.
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    EPA demonstrated that CAIR achieved greater reasonable progress 
toward the national visibility goal than

[[Page 35635]]

BART for NOX and SO2 at BART-eligible EGUs in 
CAIR affected states, and revised the regional haze rule (RHR) to 
provide that states participating in CAIR's cap-and-trade program need 
not require affected BART-eligible EGUs to install, operate, and 
maintain BART for emissions of SO2 and NOX. See 
70 FR 39104 (July 6, 2005). As a result, a number of states in the CAIR 
region designed their regional haze SIPs to rely on CAIR as an 
alternative to NOX and SO2 BART for CAIR-subject 
EGUs. These states also relied on CAIR as an element of a LTS for 
achieving their reasonable progress goals.
    The United States Court of Appeals for the District of Columbia 
Circuit (D.C. Circuit) initially vacated CAIR in 2008,\2\ but 
ultimately remanded the rule to EPA without vacatur to preserve the 
environmental benefits provided by CAIR.\3\ On August 8, 2011, acting 
on the D.C. Circuit's remand, EPA promulgated the Cross State Air 
Pollution Rule (CSAPR) to replace CAIR and thus to address the 
interstate transport of emissions contributing to nonattainment and 
interfering with maintenance of the two air quality standards covered 
by CAIR as well as the 2006 PM2.5 NAAQS.\4\ See 76 FR 48208.
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    \2\ North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008).
    \3\ North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008).
    \4\ Although a number of parties challenged the legality of 
CSAPR and the D.C. Circuit initially vacated and remanded CSAPR to 
EPA in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. 
Cir. 2012), the United States Supreme Court reversed the D.C. 
Circuit's decision on April 29, 2014, and remanded the case to the 
D.C. Circuit to resolve remaining issues in accordance with the high 
court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 
1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most 
respects and CSAPR is now in effect. EME Homer City Generation, L.P. 
v. EPA, 795 F.3d 118 (D.C. Cir. 2015).
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    Due to CAIR's status as a temporary measure following the D.C. 
Circuit's 2008 ruling, EPA could not fully approve regional haze SIP 
revisions to the extent that they relied on CAIR to satisfy the BART 
requirement and the requirement for a long-term strategy sufficient to 
achieve the state-adopted reasonable progress goals. On these grounds, 
EPA finalized a limited disapproval of North Carolina's regional haze 
SIP on June 7, 2012, triggering the requirement for EPA to promulgate a 
federal implementation plan (FIP) unless North Carolina submitted and 
EPA approved a SIP revision that corrected the deficiency. See 77 FR 
33642. EPA finalized a limited approval of North Carolina's regional 
haze SIP on June 27, 2012, as meeting the remaining applicable regional 
haze requirements set forth in the CAA and the RHR. See 77 FR 38185.
    On October 31, 2014, North Carolina submitted a regional haze plan 
revision to correct the deficiencies identified in the June 7, 2012, 
limited disapproval by replacing reliance on CAIR with reliance on a 
BART alternative to satisfy NOX and SO2 BART 
requirements for EGUs formerly subject to CAIR. EPA finalized approval 
of the October 31, 2014, SIP revision and converted North Carolina's 
regional haze plan from a limited approval to a full approval on May 
12, 2016. That action also removed EPA's obligation to implement a FIP 
to correct the previous deficiencies for North Carolina's initial 
regional haze plan.
    In a proposed rulemaking (NPRM) published on April 8, 2016 (81 FR 
20600), EPA proposed to approve the prong 4 portions of North 
Carolina's infrastructure SIP submissions for the 2008 8-hour Ozone, 
2010 1-hour NO2, 2010 1-hour SO2, and 2012 annual 
PM2.5 NAAQS based on final approval of the State's October 
31, 2014, SIP revision. As discussed above, EPA subsequently finalized 
that SIP revision and converted North Carolina's regional haze plan 
from a limited approval to a full approval. The details of the 
aforementioned North Carolina infrastructure SIP submissions and the 
rationale for EPA's action is explained in the NPRM. Comments on the 
proposed rulemaking were due on or before April 29, 2016. EPA received 
no adverse comments on the proposed action.

II. Final Action

    EPA is approving the prong 4 portions of North Carolina's November 
2, 2012, 2008 8-hour Ozone infrastructure SIP submission; August 23, 
2013, 2010 1-hour NO2 infrastructure SIP submission; March 
18, 2014, 2010 1-hour SO2 infrastructure SIP submission; and 
December 4, 2015, 2012 Annual PM2.5 infrastructure SIP 
submission. All other applicable infrastructure requirements for these 
SIP submissions have been or will be addressed in separate rulemakings.

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

[[Page 35636]]

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 August 2, 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 23, 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 new entries for ``110(a)(1) 
and (2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS'', 
``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour 
NO2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements 
for the 2010 1-hour SO2 NAAQS'' and ``110(a)(1) and (2) 
Infrastructure Requirements for the 2012 Annual PM2.5 
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  effective                       Federal Register
            Provision                    date        EPA approval date        citation           Explanation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure          11/2/2012           6/3/2016  [Insert citation of  Addressing prong 4
 Requirements for the 2008 8-                                            publication in       of section
 Hour Ozone NAAQS.                                                       Federal Register].   110(a)(2)(D)(i)
                                                                                              only.
110(a)(1) and (2) Infrastructure          8/23/2013           6/3/2016  [Insert citation of  Addressing prong 4
 Requirements for the 2010 1-                                            publication in       of section
 hour NO2 NAAQS.                                                         Federal Register].   110(a)(2)(D)(i)
                                                                                              only.
110(a)(1) and (2) Infrastructure          3/18/2014           6/3/2016  [Insert citation of  Addressing prong 4
 Requirements for the 2010 1-                                            publication in       of section
 hour SO2 NAAQS.                                                         Federal Register].   110(a)(2)(D)(i)
                                                                                              only.
110(a)(1) and (2) Infrastructure          12/4/2015           6/3/2016  [Insert citation of  Addressing prong 4
 Requirements for the 2012                                               publication in       of section
 Annual PM2.5 NAAQS.                                                     Federal Register].   110(a)(2)(D)(i)
                                                                                              only.
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[FR Doc. 2016-13036 Filed 6-2-16; 8:45 am]
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