[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Rules and Regulations]
[Pages 65286-65289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22760]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0209; FRL-9952-74-Region 4]


Air Plan Approval; Alabama and North Carolina; Interstate 
Transport--2010 NO2 Standards

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the North Carolina SIP, submitted by the

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North Carolina Department of Environmental Quality (NC DEQ) on March 
24, 2016, and the portions of a revision to the Alabama State 
Implementation Plan (SIP), submitted by the Alabama Department of 
Environmental Management (ADEM) on December 9, 2015, addressing the 
Clean Air Act (CAA or Act) interstate transport (prongs 1 and 2) 
infrastructure SIP requirements for the 2010 1-hour Nitrogen Dioxide 
(NO2) 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, commonly 
referred to as an ``infrastructure SIP.'' Specifically, EPA is 
approving North Carolina's March 24, 2016, SIP submission and the 
portions of Alabama's December 9, 2015, SIP submission addressing 
interstate transport requirements for the 2010 NO2 NAAQS.

DATES: This rule is effective on October 24, 2016.

ADDRESSES: EPA has established a docket for these actions under Docket 
Identification No EPA-R04-OAR-2016-0209. All documents in the docket 
are listed on the 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 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 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). EPA sometimes refers to these two prongs 
conjointly as the ``good neighbor'' provision of the CAA. 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) and 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.
    In a notice of proposed rulemaking (NPRM) published on August 1, 
2016 (81 FR 50409), EPA proposed to approve North Carolina's March 24, 
2016, SIP submission and the portions of Alabama's December 9, 2015, 
SIP submission addressing interstate transport requirements for the 
2010 NO2 NAAQS. The NPRM provides additional detail 
regarding the rationale for EPA's actions, including further discussion 
of the requirements for prongs 1 and 2. Comments on the proposed 
rulemaking were due on or before August 31, 2016. EPA received no 
adverse comments on the proposed actions. All other applicable 
infrastructure SIP requirements for Alabama and North Carolina for the 
2010 1-hour NO2 NAAQS have been or will be addressed in 
separate rulemakings.

II. Final Actions

    As described previously, EPA is approving North Carolina's March 
24, 2016, SIP revision and the portions of Alabama's December 9, 2015, 
SIP revision addressing prongs 1 and 2 of CAA section 110(a)(2)(D)(i) 
for the 2010 1-hour NO2 NAAQS.

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, these 
actions merely approve state law as meeting federal requirements and do 
not impose additional requirements beyond those imposed by state law. 
For that reason, these actions:
     Are not ``significant regulatory actions'' 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do not contain any unfunded mandate or significantly or 
uniquely

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affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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 SIPs 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 rules do 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will they 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 these actions 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. These actions are 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 these actions must be filed in the United States Court of Appeals 
for the appropriate circuit by November 21, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of these actions 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. These actions 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, 
Reporting and recordkeeping requirements.

    Dated: September 13, 2016.
V. Anne Heard,
Acting 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 110(a)(2) Infrastructure Requirements for the 2010 NO2 
NAAQS--Update'' 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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                                                               State
   Name of nonregulatory  SIP     Applicable  geographic  submittal date/  EPA approval date      Explanation
            provision             or  nonattainment area  effective date
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                                                  * * * * * * *
110(a)(1) and 110(a)(2)           Alabama...............       12/9/2015  9/22/2016, [Insert  Addressing Prongs
 Infrastructure Requirements for                                           Federal Register    1 and 2 of
 the 2010 NO2 NAAQS--Update.                                               citation].          Section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ) only.
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Subpart II--North Carolina

0
3. Section 52.1770(e) is amended by adding a new entry ``Good Neighbor 
Provisions (Section 110(a)(2)(D)(i)(I)) for the 2010 1-hour 
NO2 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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                                                  * * * * * * *
Good Neighbor Provisions (Section        3/24/2016       9/22/2016  [Insert Federal        .....................
 110(a)(2)(D)(i)(I)) for the 2010                                    Register citation]
 1-hour NO2 NAAQS.
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[FR Doc. 2016-22760 Filed 9-21-16; 8:45 am]
 BILLING CODE 6560-50-P