[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48237-48240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20621]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0073; EPA-R04-OAR-2018-0187; FRL-9984-20-Region 4]


Air Plan Approval; SC and TN; Regional Haze Plans and Prong 4 
(Visibility) for the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 Ozone 
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
portions of South Carolina's and Tennessee's State Implementation Plan 
(SIP) revisions submitted by these States with letters dated September 
5, 2017, and November 22, 2017, respectively, seeking to change 
reliance from the Clean Air Interstate Rule (CAIR) to the Cross-State 
Air Pollution Rule (CSAPR) for certain regional haze requirements; 
converting EPA's limited approvals/limited disapprovals of South 
Carolina's and Tennessee's regional haze plans to full approvals; 
removing EPA's Federal Implementation Plans (FIPs) for South Carolina 
and Tennessee that replaced reliance on CAIR with reliance on CSAPR to 
address the deficiencies identified in the limited disapprovals of 
South Carolina's and Tennessee's regional haze plans; and converting 
the conditional approvals to full approvals for the visibility prongs 
of South Carolina's infrastructure SIP submittals for the 2012 Fine 
Particulate Matter (PM2.5), 2010 Nitrogen Dioxide 
(NO2), 2010 Sulfur Dioxide (SO2), and 2008 8-hour 
Ozone National Ambient Air Quality Standards (NAAQS) and the visibility 
prongs of Tennessee's infrastructure SIP submittals for the 2012 
PM2.5, 2010 NO2, and 2010 SO2 NAAQS.

DATES: This rule is effective October 24, 2018.

ADDRESSES: EPA has established dockets for these actions under Docket 
Identification Nos. EPA-R04-OAR-2018-0073 (SC) and EPA-R04-OAR-2018-
0187 (TN). All documents in the dockets are listed on the 
www.regulations.gov website. 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: Michele Notarianni, 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. Notarianni can be reached by telephone at (404) 562-
9031 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    South Carolina and Tennessee submitted infrastructure SIPs that 
relied on having fully-approved regional haze plans to satisfy the 
visibility transport provision of Clean Air Act section 
110(a)(2)(D)(i)(II).\1\ The CAA requires

[[Page 48238]]

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.'' This visibility provision, 
known as ``prong 4,'' prohibits any source or other type of emissions 
activity in a state from emitting any air pollutant in amounts which 
will interfere with measures required to be included in the applicable 
SIP for any other state to protect visibility. Specifically, South 
Carolina submitted infrastructure SIPs for the 2008 8-Hour Ozone (July 
17, 2012), 2010 NO2 (April 30, 2014), 2010 SO2 
(May 8, 2014), and 2012 annual PM2.5 (December 18, 2015) 
NAAQS, and Tennessee submitted infrastructure SIPs for the 2010 
NO2 (March 13, 2014), 2010 SO2 (March 13, 2014), 
and 2012 annual PM2.5 (December 16, 2015) NAAQS.\2\ However, 
at the time of these submissions, EPA had not fully approved South 
Carolina's or Tennessee's regional haze plan, as the Agency had issued 
limited disapprovals of these States' original regional haze plans on 
June 7, 2012 (77 FR 33642) for South Carolina and April 4, 2012 (77 FR 
24392) for Tennessee due to these plans' reliance on CAIR. In 
conjunction with the limited disapprovals, EPA promulgated FIPs 
replacing reliance on CAIR with reliance on CSAPR to address the 
deficiencies in the regional haze plans for South Carolina and 
Tennessee. See 77 FR 33642 (June 7, 2012).
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    \1\ EPA's 2013 Guidance on Infrastructure SIP Elements under 
Clean Air Act Sections 110(a)(1) and 110(a)(2) (2013 Guidance) 
provides that one way a state may demonstrate that its SIP will 
ensure that emissions from the state will not interfere with 
measures required to be in other states' plans to protect visibility 
(i.e., to satisfy prong 4) is through confirmation in its 
infrastructure SIP submission that it has an approved regional haze 
SIP that fully meets the requirements of 40 CFR 51.308 or 51.309. 
See 2013 Guidance at 33, https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
    \2\ EPA notes that the dates of submission reflect the dates on 
the transmittal cover letters for these infrastructure SIPs.
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    EPA conditionally approved the aforementioned infrastructure SIP 
submittals based on letters from South Carolina and Tennessee 
committing to submit SIP revisions revising their regional haze plans 
to replace reliance on CAIR with reliance on CSAPR.\3\ See 81 FR 56512 
(August 22, 2016) (South Carolina) and 82 FR 27428 (June 15, 2017) 
(Tennessee). In accordance with these commitments to correct the 
deficiencies in their regional haze plans in order to obtain approval 
of their infrastructure SIP submittals that rely on fully-approved 
regional haze plans, South Carolina and Tennessee submitted SIP 
revisions on September 5, 2017, and November 22, 2017, respectively, to 
replace reliance on CAIR with reliance on CSAPR for certain regional 
haze requirements.
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    \3\ The commitment letters are located in the respective dockets 
for today's actions.
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    On June 4, 2018 (83 FR 25604) and June 20, 2018 (83 FR 28582), EPA 
published notices of proposed rulemaking (NPRMs) proposing to approve 
the regional haze portions of South Carolina's September 5, 2017, and 
Tennessee's November 22, 2017 SIP revisions, respectively; fully 
approve South Carolina's and Tennessee's regional haze plans; remove 
the regional haze FIPs addressing the deficiencies in these plans; and 
approve the prong 4 elements of these states' infrastructure SIP 
submissions. The specific details of South Carolina's September 5, 
2017, and Tennessee's November 22, 2017 SIP revisions and the rationale 
for EPA's proposed approvals are discussed in the respective NPRMs. EPA 
received no relevant comments on the NPRMs for South Carolina or 
Tennessee.

II. Final Action

    EPA finds that the relevant portions of South Carolina's September 
5, 2017, and Tennessee's November 22, 2017 SIP revisions satisfy the 
SO2 and nitrogen oxides (NOX) best available 
retrofit technology (BART) requirements; the states' reasonable 
progress obligations with respect to SO2 emissions from 
electric generating units that were previously subject to CAIR; and, in 
part, the requirement that the states' long-term strategies contain the 
measures necessary to achieve reasonable progress.\4\ Accordingly, EPA 
is approving the regional haze portions of these SIP revisions, 
determining that the revisions correct the deficiencies that led to 
EPA's limited approvals/limited disapprovals of these states' regional 
haze SIPs, and converting EPA's previous actions on South Carolina's 
and Tennessee's regional haze SIPs from limited approvals/limited 
disapprovals to full approvals. EPA is also removing the FIPs for South 
Carolina and Tennessee that replaced reliance on CAIR with reliance on 
CSAPR to address the limited disapprovals. With the approval of the 
portions of South Carolina's September 5, 2017, and Tennessee's 
November 22, 2017 SIP revisions related to regional haze requirements, 
these states' implementation plans now provide for the measures needed 
to ensure that their emissions do not interfere with measures required 
to be included in other states' plans to protect visibility. Therefore, 
EPA is also converting the conditional approvals to full approvals for 
the prong 4 portions of Tennessee's 2012 annual PM2.5, 2010 
NO2, and 2010 SO2 infrastructure SIP submittals 
and South Carolina's 2012 annual PM2.5, 2010 NO2, 
2010 SO2, and 2008 ozone infrastructure SIP submittals. All 
other applicable infrastructure requirements for the infrastructure SIP 
submissions have been or will be addressed in separate rulemakings.
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    \4\ In their regional haze SIPs, South Carolina and Tennessee 
focused solely on evaluating SO2 sources contributing to 
visibility impairment for additional emissions reductions for 
reasonable progress in the first implementation period. See 77 FR 
11894, 11904 (February 28, 2012); 76 FR 33662, 33673 (June 9, 2011), 
respectively. EPA approved the states' ultimate conclusions that no 
additional controls beyond CAIR were reasonable for SO2 
for affected EGUs during this implementation period. See 77 FR 
11906-07; 76 FR 33676, respectively.
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III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    These actions are not significant regulatory actions and were 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    These actions are not Executive Order 13771 regulatory actions 
because these actions are not significant under Executive Order 12866.

C. Paperwork Reduction Act

    These actions do not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, because they do not 
contain any information collection activities.

D. Regulatory Flexibility Act (RFA)

    I certify that these actions will not have a significant economic 
impact on a substantial number of small entities under the RFA. These 
actions will not impose any requirements on small entities.

E. Unfunded Mandates Reform Act (UMRA)

    These actions do not contain any unfunded mandates as described in 
UMRA, 2 U.S.C. 1531-1538, and do not significantly or uniquely affect 
small governments. These actions impose no enforceable duty on any 
state, local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    These actions do not have federalism implications. They will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and

[[Page 48239]]

responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    These actions do not have tribal implications, as specified in 
Executive Order 13175, in Tennessee or South Carolina. It will not have 
substantial direct effects on tribal governments. EPA has determined 
these actions do not have substantial direct effects on tribal 
governments because, as it relates to prong 4, these actions are not 
approving any specific rule, but rather determining that the approved 
SIPs for these states meet certain CAA requirements. As it relates to 
the regional haze SIPs, replacing reliance on CAIR with reliance on 
CSAPR has no substantial direct effects because the reliance on CSAPR 
for regional haze purposes in these states already existed through 
FIPs. The Catawba Indian Nation Reservation is located within the 
boundary of York County, 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 the 
actions related to South Carolina do not have substantial direct 
effects on the Catawba Indian Nation for the reasons discussed above. 
EPA notes today's actions will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order. These actions are not subject to Executive Order 
13045 because they do not concern an environmental health risk or 
safety risk.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These actions are not subject to Executive Order 13211, because 
they are not significant regulatory actions under Executive Order 
12866.

J. National Technology Transfer and Advancement Act

    These rulemakings do not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes that these actions do not have disproportionately high 
and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

L. Congressional Review Act (CRA)

    These actions are subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. These actions are not a ``major rule'' as defined by 
5 U.S.C. 804(2).

M. Judicial Review

    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 23, 2018. Filing a petition for 
reconsideration by the Administrator of these final rules 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 CAA section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate Matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: September 13, 2018.
Andrew R. Wheeler,
Acting EPA Administrator.

    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. Section 52.2120 is amended by adding 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'', ``110(a)(1) and (2) 
Infrastructure Requirements for the 2012 Annual PM2.5 
NAAQS'' and ``Regional Haze Plan Revision'' at the end of the table in 
paragraph (e) to read as follows:


Sec.  52.2120   Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
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                                             State
               Provision                effective date      EPA approval date               Explanation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure             7/17/2012  9/24/2018, [Insert         Addressing prong 4 of section
 Requirements for the 2008 8-hour                        citation of publication].  110(a)(2)(D)(i)(II) only.
 Ozone NAAQS.
110(a)(1) and (2) Infrastructure             4/30/2014  9/24/2018, [Insert         Addressing prong 4 of section
 Requirements for the 2010 1-hour NO2                    citation of publication].  110(a)(2)(D)(i)(II) only.
 NAAQS.
110(a)(1) and (2) Infrastructure              5/8/2014  9/24/2018 [Insert          Addressing prong 4 of section
 Requirements for the 2010 1-hour SO2                    citation of publication].  110(a)(2)(D)(i)(II) only.
 NAAQS.

[[Page 48240]]

 
110(a)(1) and (2) Infrastructure            12/18/2015  9/24/2018, [Insert         Addressing prong 4 of section
 Requirements for the 2012 Annual                        citation of publication].  110(a)(2)(D)(i)(II) only.
 PM2.5 NAAQS.
Regional Haze Plan Revision...........        9/5/2017  9/24/2018, [Insert         .............................
                                                         citation of publication].
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Sec.  52.2127  [Removed and Reserved]

0
3. Section 52.2127 is removed and reserved.


Sec.  52.2132  [Removed and Reserved]

0
4. Section 52.2132 is removed and reserved.

Subpart RR--Tennessee

0
5. Section 52.2220 is amended by adding entries for ``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'', ``110(a)(1) and (2) Infrastructure Requirements 
for the 2012 Annual PM2.5 NAAQS'' and ``Regional Haze Plan 
Revision'' at the end of the table in paragraph (e) to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
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                                     Applicable
   Name of non-regulatory SIP       geographic or         State       EPA approval date        Explanation
           provision             nonattainment area  effective date
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                                                  * * * * * * *
110(a)(1) and (2)                Tennessee.........       3/13/2014  9/24/2018, [Insert  Addressing prong 4 of
 Infrastructure Requirements                                          citation of         section
 for the 2010 1-hour NO2 NAAQS.                                       publication].      110(a)(2)(D)(i)(II)
                                                                                          only.
110(a)(1) and (2)                Tennessee.........       3/13/2014  9/24/2018, [Insert  Addressing prong 4 of
 Infrastructure Requirements                                          citation of         section
 for the 2010 1-hour SO2 NAAQS.                                       publication].      110(a)(2)(D)(i)(II)
                                                                                          only.
110(a)(1) and (2)                Tennessee.........      12/16/2015  9/24/2018, [Insert  Addressing prong 4 of
 Infrastructure Requirements                                          citation of         section
 for the 2012 Annual PM2.5                                            publication].      110(a)(2)(D)(i)(II)
 NAAQS.                                                                                   only.
Regional Haze Plan Revision....  Tennessee.........      11/22/2017  9/24/2018, [Insert  .......................
                                                                      citation of
                                                                      publication].
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Sec.  52.2219  [Removed and Reserved]

0
6. Section 52.2219 is removed and reserved.


Sec.  52.2234  [Removed and Reserved]

0
7. Sections 52.2234 is removed and reserved.

[FR Doc. 2018-20621 Filed 9-21-18; 8:45 am]
 BILLING CODE 6560-50-P