[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45995-45997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21121]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0045; FRL-9968-73-Region 4]


Air Plan Approval; South Carolina; Interstate Transport (Prongs 1 
and 2) for the 2010 1-Hour NO2 Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the South Carolina State Implementation 
Plan (SIP), submitted by the South Carolina Department of Health and 
Environmental Control (DHEC), on December 7, 2016, addressing the Clean 
Air Act (CAA) 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 taking final action 
to approve South Carolina's December 7, 2016, SIP submission addressing 
prongs 1 and 2 to ensure that air emissions in the State do not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2010 1-hour NO2 NAAQS in any other state.

DATES: This rule will be effective November 2, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0045. 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: Andres Febres 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. Febres can be reached by telephone at (404) 562-8966 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). 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

[[Page 45996]]

to include provisions ensuring compliance with sections 115 and 126 of 
the Act, relating to interstate and international pollution abatement.
    On January 22, 2010, EPA established 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. See 75 FR 6474 (February 9, 2010). This 
NAAQS is designed to protect against exposure to the entire group of 
nitrogen oxides (NOX). NO2 is the component of 
greatest concern and is used as the indicator for the larger group of 
NOX. Emissions that lead to the formation of NO2 
generally also lead to the formation of other NOX. 
Therefore, control measures that reduce NO2 can generally be 
expected to reduce population exposures to all gaseous NOX 
which may have the co-benefit of reducing the formation of ozone and 
fine particles both of which pose significant public health threats.
    States were required to submit infrastructure SIP submissions for 
the 2010 1-hour NO2 NAAQS to EPA no later than January 22, 
2013. For comprehensive information on 2010 1-hour NO2 
NAAQS, please refer to the Federal Register notice cited immediately 
above.
    In a notice of proposed rulemaking published August 15, 2017 (82 FR 
38646), EPA proposed to approve South Carolina's December 7, 2016, SIP 
submission concluding that its SIP adequately addresses prong 1 and 
prong 2 requirements for the 2010 1-hour NO2 NAAQS. South 
Carolina provided the following reasons for its determination: (1) The 
SIP contains state regulations that directly or indirectly control 
NOX emissions; (2) all areas in the United States are 
designated as unclassifiable/attainment for the 2010 1-hour 
NO2 NAAQS; (3) monitored 1-hour NO2 design values 
in South Carolina and surrounding states (Georgia, North Carolina, and 
Florida) are below the 2010 standard; and (4) point source emissions of 
NOX in the State have trended downward. All other applicable 
infrastructure SIP requirements for South Carolina for the 2010 1-hour 
NO2 NAAQS have been addressed in separate rulemakings. See 
80 FR 14019 (March 18, 2015), 81 FR 56512 (August 22, 2016), and 81 FR 
63704 (September 16, 2016).
    The details of South Carolina's submission and the rationale for 
EPA's action are explained in the August 15, 2017, notice of proposed 
rulemaking. Comments on the proposed rulemaking were due on or before 
September 14, 2017. EPA did not receive any adverse comments on the 
proposed action.

II. Final Action

    As described above, EPA is taking final action to approve South 
Carolina's December 7, 2016, SIP revision addressing prongs 1 and 2 of 
CAA section 110(a)(2)(D)(i) for the 2010 1-hour NO2 NAAQS. 
EPA is taking final action to approve this portion South Carolina's 
infrastructure SIP submission because South Carolina's SIP includes 
adequate provisions to prevent emissions sources within the State from 
significantly contributing to nonattainment or interfering with 
maintenance of this standard in any other state.

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. 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).
    In addition, this action for the state of South Carolina 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 within the State of South Carolina. 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.'' However, EPA has determined that 
this action does not have substantial direct effects on an Indian Tribe 
because it is not approving any specific rule, but rather determining 
that South Carolina's already approved SIP meets certain CAA 
requirements. EPA notes this 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 December 4, 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

[[Page 45997]]

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.

    Dated: September 21, 2017.
Onis ``Trey'' Glenn, III,
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 PP--South Carolina

0
2. In Sec.  52.2120, 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.  52.2120  Identification of plan.

* * * * *
    (e) * * *

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                                               State
                Provision                    effective         EPA approval date              Explanation
                                               date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure               12/7/2016  10/3/2017, [insert Federal  Addressing Prongs 1 and 2
 Requirements for the 2010 1-hour NO2                      Register citation].         of section
 NAAQS.                                                                                110(a)(2)(D)(i) only.
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[FR Doc. 2017-21121 Filed 10-2-17; 8:45 am]
 BILLING CODE 6560-50-P