[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Rules and Regulations]
[Pages 46134-46136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21247]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0321; FRL-9968-72-Region 4]


Air Plan Approval; North Carolina; Interstate Transport

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving North 
Carolina's December 9, 2015, State Implementation Plan (SIP) submission 
pertaining to the Clean Air Act's (CAA or Act) ``good neighbor'' 
provision for the 2008 8-hour ozone National Ambient Air Quality 
Standards (NAAQS). The good neighbor provision requires each state's 
SIP to address the interstate transport of air pollution in amounts 
that contribute significantly to nonattainment, or interfere with 
maintenance, of a NAAQS in any other state. EPA concludes that North 
Carolina's SIP contains adequate provisions to prohibit emissions 
within the state from contributing significantly to nonattainment or 
interfering with maintenance of the 2008 8-hour ozone NAAQS in any 
other state.

DATES: This rule will be effective November 3, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0321. 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.

[[Page 46135]]


FOR FURTHER INFORMATION CONTACT: Ashten Bailey, 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. Bailey can also be reached via telephone at (404) 562-
9164 and via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 27, 2008, EPA promulgated an ozone NAAQS that revised the 
levels of the primary and secondary 8-hour ozone standards from 0.08 
parts per million (ppm) to 0.075 ppm. See 73 FR 16436. Pursuant to CAA 
section 110(a)(1), within three years after promulgation of a new or 
revised NAAQS (or shorter, if EPA prescribes), states must submit SIPs 
that meet the applicable requirements of section 110(a)(2). 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. One of the structural requirements 
of section 110(a)(2) is section 110(a)(2)(D)(i), which generally 
requires SIPs to contain adequate provisions to prohibit in-state 
emissions activities from having certain adverse air quality effects on 
neighboring states due to interstate transport of air pollution. There 
are four sub-elements, or ``prongs,'' within section 110(a)(2)(D)(i) of 
the CAA. CAA section 110(a)(2)(D)(i)(I), also known as the ``good 
neighbor'' provision, requires SIPs to include provisions prohibiting 
any source or other type of emissions activity in one state from 
emitting any air pollutant in amounts that will contribute 
significantly to nonattainment, or interfere with maintenance, of the 
NAAQS in another state. The two provisions of this section are referred 
to as prong 1 (significant contribution to nonattainment) and prong 2 
(interference with maintenance). Section 110(a)(2)(D)(i)(II) requires 
SIPs to contain adequate provisions to prohibit emissions that will 
interfere with measures required to be included in the applicable 
implementation plan for any other state under part C to prevent 
significant deterioration of air quality (prong 3) or to protect 
visibility (prong 4).
    On December 9, 2015, North Carolina submitted a SIP submittal 
containing a certification that North Carolina is meeting the 
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 8-hour 
ozone NAAQS because, based on available emissions and air quality 
modeling data, emissions activities within North Carolina will not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2008 8-hour ozone NAAQS in any other state. In a notice of 
proposed rulemaking (NPRM) published on August 10, 2017 (82 FR 37371), 
EPA proposed to approve North Carolina's SIP as meeting the 
requirements of prongs 1 and 2 for the 2008 8-hour ozone NAAQS.\1\ The 
NPRM provides additional detail regarding the background and rationale 
for EPA's action. Comments on the NPRM were due on or before September 
11, 2017. EPA received no adverse comments on the proposed action.
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    \1\ This action addresses only prongs 1 and 2 of section 
110(a)(2)(D)(i). All other infrastructure SIP elements for North 
Carolina for the 2008 8-hour ozone NAAQS were addressed in separate 
rulemakings. See 80 FR 68453 (November 5, 2015), 81 FR 35634 (June 
3, 2016), and 81 FR 63107 (September 14, 2016).
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II. Final Action

    EPA is taking final action to approve North Carolina's December 9, 
2015, SIP submission addressing the good neighbor infrastructure SIP 
requirements, section 110(a)(2)(D)(i)(I) (prongs 1 and 2), for the 2008 
8-hour ozone NAAQS. EPA is taking final action to approve the SIP 
submission because it is consistent with section 110 of the CAA. EPA 
notes that the Agency is not approving any specific rule, but rather 
concluding that North Carolina's already approved SIP meets certain CAA 
requirements.

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

[[Page 46136]]

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 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: 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 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 2008 8-Hour Ozone 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        12/9/2015       10/4/2017  [Insert citation of  Addressing prongs 1 and
 Requirements for the 2008 8-Hour                                   publication].        2 of section
 Ozone NAAQS.                                                                            110(a)(2)(D)(i) only.
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[FR Doc. 2017-21247 Filed 10-3-17; 8:45 am]
 BILLING CODE 6560-50-P