[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84479-84481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28098]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0507; FRL-9955-49-Region 4]


Air Plan Approval; FL Infrastructure Requirements for the 2010 1-
hour NO2 NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the State Implementation Plan (SIP) submission, 
submitted by the State of Florida, through the Florida Department of 
Environmental Protection (FDEP), on January 22, 2013, to demonstrate 
that the State meets certain infrastructure requirements of the Clean 
Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide 
(NO2) 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, which is commonly referred to as an ``infrastructure'' SIP. 
FDEP certified that the Florida SIP contains provisions that ensure the 
2010 1-hour NO2 NAAQS is implemented, enforced, and 
maintained in Florida. EPA has determined that Florida's infrastructure 
SIP submission, provided to EPA on January 22, 2013, satisfies certain 
required infrastructure elements for the 2010 1-hour NO2 
NAAQS.

DATES: This rule will be effective December 23, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0507. 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: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The 
telephone number is (404) 562-8726. Mr. Richard Wong can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On January 22, 2010 (75 FR 6474, February 9, 2010), EPA promulgated 
a new 1-hour primary NAAQS for NO2 at a level of 100 parts 
per billion, based on a 3-year average of the 98th percentile of the 
yearly distribution of 1-hour daily maximum concentrations. Pursuant to 
section 110(a)(1) of the CAA, states are required to submit SIPs 
meeting the 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 NO2 NAAQS to EPA no later than January 22, 
2013.
    In a proposed rulemaking published on July 20, 2016 (81 FR 47094), 
EPA proposed to approve Florida's 2010 1-hour NO2 NAAQS 
infrastructure SIP submission submitted on January 22, 2013, with the 
exception of the elements related to the ambient air quality monitoring 
and data system of section 110(a)(2)(B), and the prevention of 
significant deterioration (PSD) permitting requirements for major 
sources of sections 110(a)(2)(C), prong 3 of D(i), and (J). EPA is not 
acting on Florida's January 22, 2013, infrastructure SIP submission 
regarding the PSD permitting requirements for major sources of sections 
110(a)(2)(C), prong 3 of D(i) and (J) for the 2010 1-hour 
NO2 NAAQS because it previously approved these requirements. 
See 80 FR 14019, March 18, 2015. Regarding section 110(a)(2)(B), EPA is 
not taking any action on this portion of Florida's 2010 1-hour 
NO2 NAAQS infrastructure SIP submission in this action and 
will instead address this requirement in a separate action. Also note 
that EPA did not propose any action regarding the interstate transport 
provisions pertaining to the contribution to nonattainment or 
interference with maintenance in other states of prongs 1 and 2 of 
section 110(a)(2)(D)(i) because Florida's January 22, 2013 SIP 
submission did not address these requirements. The details of Florida's 
submission and the rationale for EPA's actions for this final 
rulemaking are explained in the July 20, 2016, proposed rulemaking. 
Comments on the proposed rulemaking were due on or before August 19, 
2016. EPA received no adverse comments on the proposed action.

[[Page 84480]]

II. Final Action

    With the exception of the elements related to the ambient air 
quality monitoring and data system of section 110(a)(2)(B), and the PSD 
permitting requirements for major sources of sections 110(a)(2)(C), 
prong 3 of D(i), and (J), EPA is taking final action to approve 
Florida's infrastructure SIP submission for the 2010 1-hour 
NO2 NAAQS submitted on January 22, 2013. EPA is taking final 
action to approve Florida's infrastructure SIP submission for the 2010 
1-hour NO2 NAAQS because the submission is consistent with 
section 110 of the CAA.

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 January 23, 2017. 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, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 7, 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 K--Florida

0
2. In Sec.  52.520, the table in paragraph (e) is amended by adding the 
entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-
hour NO2 NAAQS'' at the end of the table to read as follows:


Sec.  52.520   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     State         EPA approval      Federal  Register
           Provision             effective date        date               notice                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2)                    1/22/2013       11/23/2016   [Insert Federal         With the exception of
 Infrastructure Requirements                                       Register citation].     sections:
 for the 2010 1-hour NO2 NAAQS.                                                            110(a)(2)(B)
                                                                                           Concerning ambient
                                                                                           air quality
                                                                                           monitoring and data
                                                                                           system; 110(a)(2)(C)
                                                                                           and (J) concerning
                                                                                           PSD permitting
                                                                                           requirements; and
                                                                                           110(a)(2)(D)(i)(I)
                                                                                           and (II) (prongs 1
                                                                                           through 3) concerning
                                                                                           interstate transport
                                                                                           requirements.
----------------------------------------------------------------------------------------------------------------


[[Page 84481]]

[FR Doc. 2016-28098 Filed 11-22-16; 8:45 am]
 BILLING CODE 6560-50-P