[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48387-48391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20728]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0334; FRL-9984-36--Region 4]
Air Plan Approval; AL, FL, GA, KY, MS, NC, SC, TN; Interstate
Transport for the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of State Implementation Plan (SIP)
submissions from Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee addressing the Clean Air
Act (CAA or Act) interstate transport infrastructure SIP requirements
for the 2012 Fine Particulate Matter (PM2.5) 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, commonly referred to as
an ``infrastructure SIP.'' EPA is taking final action to approve the
interstate transport portions of these infrastructure SIPs for the
aforementioned states as demonstrating that air emissions in the states
do not significantly contribute to nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS in any other state.
DATES: This rule will be effective October 25, 2018.
ADDRESSES: EPA has established a docket for these actions under Docket
Identification No. EPA-R04-OAR-2016-0334. All documents in the docket
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: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
Mr. Wong can be reached by telephone at (404) 562-8726 or via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, EPA revised the primary Annual
PM2.5 NAAQS to 12.0 micrograms per cubic meter ([mu]g/m\3\).
See 78 FR 3086 (January 15, 2013). An area meets the standard if the
three-year average of its annual average PM2.5 concentration
(at each monitoring site in the area) is less than or equal to 12.0
[mu]g/m\3\. States were required to submit infrastructure SIP
submissions for the 2012 Annual PM2.5 NAAQS to EPA no later
than December 14, 2015.
CAA section 110(a)(1) requires states to submit SIP revisions
within three years after promulgation of a new or revised NAAQS in
order to provide for the implementation, maintenance, and enforcement
of the new or revised NAAQS. CAA section 110(a)(2) outlines the
applicable requirements of such SIP submissions, which EPA has
historically referred to as ``infrastructure SIP'' submissions. Section
110(a)(2)
[[Page 48388]]
requires states to address basic SIP elements such as monitoring, basic
program requirements (e.g., permitting), and legal authority that are
designed to assure attainment and maintenance of the newly established
or revised NAAQS. Thus, section 110(a)(1) provides the procedural and
timing requirements for infrastructure SIPs, and 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 subsections: 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), require plans to 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) or from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to
include provisions insuring compliance with sections 115 and 126 of the
Act, relating to interstate and international pollution abatement.\1\
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\1\ EPA highlighted the statutory requirement to submit
infrastructure SIPs within three years of promulgation of a new
NAAQS in an October 2, 2007, guidance document entitled ``Guidance
on SIP Elements Required Under Sections 110(a)(1) and (2) for the
1997 8-hour Ozone and PM2.5 National Ambient Air Quality
Standards.'' EPA has issued additional guidance documents and
memoranda, including a September 13, 2013, guidance document
entitled ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).''
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In a notice of proposed rulemaking (NPRM) published on August 9,
2018 (83 FR 39387), EPA proposed to approve the prong 1 and prong 2
portions of infrastructure SIP submissions transmitted under cover
letter by: Alabama (dated December 9, 2015); Florida (dated December
14, 2015); Georgia (dated December 14, 2015); Kentucky (dated February
8, 2016); Mississippi (dated December 8, 2015); North Carolina (dated
December 4, 2015); South Carolina (dated December 14, 2015); and
Tennessee (dated December 16, 2015), as demonstrating that these states
do not significantly contribute to nonattainment or interfere with
maintenance of the 2012 Annual PM2.5 NAAQS in any other
state.\2\ All other applicable infrastructure SIP requirements for
these SIP submissions have been or will be addressed in separate
rulemakings. The specific details of the SIP submissions and the
rationale for EPA's actions on prongs 1 and 2 are discussed in the
NPRM. Comments on the proposed rulemaking were due on or before August
30, 2018. EPA received three comments that are not relevant to the
proposed actions and one comment in support of the proposed actions.
These comments can be found in the docket for these actions.
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\2\ EPA notes that the Agency may not have received the
submissions until after the date of the cover letter.
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II. Final Action
EPA is taking final action to approve the portions of the
infrastructure SIP submissions transmitted under cover letter by:
Alabama (dated December 9, 2015); Florida (dated December 14, 2015);
Georgia (dated December 14, 2015); Kentucky (dated February 8, 2016);
Mississippi (dated December 8, 2015); North Carolina (dated December 4,
2015); South Carolina (dated December 14, 2015); and Tennessee (dated
December 16, 2015) addressing prongs 1 and 2 of section
110(a)(2)(D)(i)(I) for the 2012 Annual PM2.5 NAAQS. EPA is
taking final action to approve section 110(a)(2)(D)(i)(I) for the
aforementioned infrastructure SIP submissions for the 2012 Annual
PM2.5 NAAQS because the submissions are 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. 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);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
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 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 subject to these actions, with the exception of the South
Carolina SIP, 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 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. With respect to the
South Carolina SIP, EPA notes that the Catawba Indian Nation
Reservation is located within South Carolina, and pursuant to the
Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all
state and local environmental
[[Page 48389]]
laws and regulations apply to the Catawba Indian Nation and Reservation
and are fully enforceable by all relevant state and local agencies and
authorities.'' Thus, the South Carolina SIP applies to the Catawba
Reservation; however, because the action related to South Carolina is
not approving any specific rule into the South Carolina SIP, but rather
finding that the State's already approved SIP meets certain CAA
requirements, EPA has determined that there are no substantial direct
effects on the Catawba Indian Nation. EPA has also determined that the
action related to South Carolina's SIP will not impose any 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 November 26, 2018. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Volatile organic compounds.
Dated: September 13, 2018.
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 B--Alabama
0
2. Section 52.50(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' 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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Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
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* * * * * * *
110(a)(1) and (2) Infrastructure Alabama............ 12/9/2015 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
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Subpart K--Florida
0
3. Section 52.520(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
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State effective EPA approval Federal Register
Provision date date notice Explanation
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* * * * * * *
110(a)(1) and (2) Infrastructure 10/15/2015......... 9/25/2018 [Insert citation of Addressing Prongs 1
Requirements for the 2012 Annual publication]. and 2 of section
PM2.5 NAAQS. 110(a)(2)(D)(i)(I)
only.
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Subpart L--Georgia
0
4. Section 52.570(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
[[Page 48390]]
EPA-Approved Georgia Non-Regulatory Provisions
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Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
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* * * * * * *
110(a)(1) and (2) Infrastructure Georgia............ 12/14/2015 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
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Subpart S--Kentucky
0
5. Section 52.920(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
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Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
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* * * * * * *
110(a)(1) and (2) Infrastructure Kentucky........... 2/8/2016 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
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* * * * *
Subpart Z--Mississippi
0
6. Section 52.1270(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Mississippi Non-Regulatory Provisions
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Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
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* * * * * * *
110(a)(1) and (2) Infrastructure Mississippi........ 12/8/2015 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
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Subpart II--North Carolina
0
7. Section 52.1770(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
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 effective EPA approval Federal Register
Provision date date citation Explanation
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* * * * * * *
110(a)(1) and (2) Infrastructure 12/4/2015.......... 9/25/2018 [Insert citation of Addressing Prongs 1
Requirements for the 2012 Annual publication]. and 2 of section
PM2.5 NAAQS. 110(a)(2)(D)(i)(I)
only.
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Subpart PP--South Carolina
0
8. Section 52.2120(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
[[Page 48391]]
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State
Provision effective date EPA approval date Explanation
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* * * * * * *
110(a)(1) and (2) Infrastructure 12/14/2015 9/25/2018, [Insert Addressing Prongs 1 and 2
Requirements for the 2012 Annual PM2.5 citation of publication].. of section
NAAQS. 110(a)(2)(D)(i)(I) only.
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Subpart RR--Tennessee
0
9. Section 52.2220(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table 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) Infrastructure Tennessee.......... 11/19/2015 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
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[FR Doc. 2018-20728 Filed 9-24-18; 8:45 am]
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