[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Proposed Rules]
[Pages 8645-8647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04391]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0720; FRL-9990-66-Region 4]
Air Plan Approval; Georgia; Interstate Transport (Prongs 1 and 2)
for the 2010 1-Hour NO2 Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Georgia, through the Georgia Environmental Protection Division
(Georgia EPD), through a letter dated July 24, 2018, for the purpose of
addressing the Clean Air Act (CAA or Act) ``good neighbor'' 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 proposing to approve Georgia's July 24, 2018, SIP
revision 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: Comments must be received on or before April 10, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0720 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Evan Adams 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. Adams can be reached by phone at (404) 562-9009 or via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 22, 2010, EPA established a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations.\1\ 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
[[Page 8646]]
significant public health threats. For comprehensive information on the
2010 1-hour NO2 NAAQS, please refer to the February 9, 2010
Federal Register notice. See 75 FR 6474.
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\1\ Subsequently, after careful consideration of the scientific
evidence and information available, on April 18, 2018, EPA published
a final action to retain the current NO2 standard at the
2010 level of 100 ppb. This action was taken after review of the
full body of available scientific evidence and information, giving
particular weight to the assessment of the evidence in the 2016
NOX Integrated Science Assessment; analyses and
considerations in the Policy Assessment; the advice and
recommendations of the Clean Air Scientific Advisory Committee; and
public comments. See 83 FR 17226 (April 18, 2018).
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Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS.\2\ This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP.'' These submissions must meet the various
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity
in some of the language of CAA section 110(a)(2), EPA believes that it
is appropriate to interpret these provisions in the specific context of
acting on infrastructure SIP submissions. EPA has previously provided
comprehensive guidance on the application of these provisions through a
guidance document for infrastructure SIP submissions and through
regional actions on infrastructure submissions.\3\ Unless otherwise
noted below, EPA is following that existing approach in acting on this
submission. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates the submitting state's
implementation plan for compliance with statutory and regulatory
requirements, not for the state's implementation of its SIP.\4\ EPA has
other authority to address any issues concerning a state's
implementation of the rules, regulations, consent orders, etc. that
comprise its SIP.
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\2\ States were required to submit infrastructure SIPs for the
2010 1-hour NO2 NAAQS to EPA no later than January 22,
2013.
\3\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on Georgia's infrastructure SIP to address other 110(a)(2)
elements for the NO2 NAAQS entitled ``Air Plan Approval;
GA Infrastructure Requirements for the 2010 Nitrogen Dioxide
National Ambient Air Quality Standards;'' in the section ``What is
the EPA's approach to the review of infrastructure SIP
submissions?'' See 81 FR 41905 at 41906-41909 (June 28, 2017).
\4\ See Montana Environmental Information Center v. Thomas, 902
F.3d 971 (9th Cir. 2018).
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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 SIPs. 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). EPA sometimes refers to the prong 1 and prong 2 conjointly
as the ``good neighbor'' provision of the CAA. 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 to include provisions ensuring
compliance with sections 115 and 126 of the Act, relating to interstate
and international pollution abatement.
EPA's most recent infrastructure SIP guidance, the September 13,
2013, ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' did
not explicitly include criteria for how the Agency would evaluate
infrastructure SIP submissions intended to address section
110(a)(2)(D)(i)(I).\5\ With respect to certain pollutants, such as
ozone and particulate matter (PM), EPA has addressed interstate
transport in eastern states in the context of regional rulemaking
actions that quantify state emission reduction obligations.\6\ For
NO2, EPA has considered available information from states
such as current air quality, emissions data and trends, and regulatory
provisions that control source emissions to determine whether emissions
from one state interfere with the attainment or maintenance of the
NAAQS in another state. EPA's review and proposed action on Georgia's
CAA section 110(a)(2)(D)(i)(I) interstate transport SIP revision for
the 2010 NO2 NAAQS is informed by these considerations.
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\5\ At the time the September 13, 2013, guidance was issued, EPA
was litigating challenges raised with respect to its Cross-State Air
Pollution Rule (CSAPR), 76 FR 48208 (August 8, 2011), designed to
address the CAA section 110(a)(2)(D)(i)(I) interstate transport
requirements with respect to the 1997 ozone and the 1997 and 2006
PM2.5 NAAQS. CSAPR was vacated and remanded by the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) in 2012 pursuant to EME Homer City Generation, L.P. v. EPA,
696 F.3d 7. EPA subsequently sought review of the D.C. Circuit's
decision by the Supreme Court, which was granted in June 2013. As
EPA was in the process of litigating the interpretation of section
110(a)(2)(D)(i)(I) at the time the infrastructure SIP guidance was
issued, EPA did not issue guidance specific to that provision. The
Supreme Court subsequently vacated the D.C. Circuit's decision and
remanded the case to that court for further review. 134 S. Ct. 1584
(2014). On July 28, 2015, the D.C. Circuit issued a decision
upholding CSAPR, but remanding certain elements for reconsideration.
795 F.3d 118.
\6\ Nitrogen Oxides (NOx) SIP Call, 63 FR 57371
(October 27, 1998); Clean Air Interstate Rule (CAIR), 70 FR 25172
(May 12, 2005); CSAPR, 76 FR 48208 (August 8, 2011).
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Through this proposed action, EPA is proposing to approve Georgia's
July 24, 2018, SIP revision addressing the prong 1 and prong 2
requirements for the 2010 1-hour NO2 NAAQS.\7\ The State
addressed CAA section 110(a)(2)(D)(i)(I) by providing information
supporting its conclusion that emissions from Georgia do not
significantly contribute to nonattainment or interfere with maintenance
of the 2010 1-hour NO2 NAAQS. All other applicable
infrastructure SIP requirements for Georgia for the 2010 1-hour
NO2 NAAQS have been addressed in separate rulemakings. See
80 FR 14019 (March 18, 2015), 81 FR 63106 (September 14, 2016), and 83
FR 19637 (May 4, 2018).
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\7\ EPA received this SIP revision on August 2, 2018.
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II. What is EPA's analysis of how Georgia addressed prongs 1 and 2?
In Georgia's July 24, 2018, SIP revision, the State concluded that
its SIP adequately addresses prongs 1 and 2 with respect to the 2010 1-
hour NO2 NAAQS. Georgia provides the following reasons for
its determination: (1) There are SIP-approved and state-only
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 Georgia and surrounding states
(Alabama, Florida, North Carolina, South Carolina, and Tennessee) are
below the 2010 standard; \8\ and (4) point source emissions of NOx in
the State have trended downward. EPA preliminarily agrees with the
State's conclusion based on the rationale discussed below.
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\8\ A design value is a statistic that describes the air quality
status of a given area relative to the level of the NAAQS. The
design value for the 1-hour NO2 NAAQS is the 3-year
average of annual 98th percentile daily maximum 1-hour values for a
monitoring site.
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First, Georgia identifies SIP-approved portions of the following
State rules that directly or indirectly control NOX
emissions: Georgia Rules for Air Quality Control 391-3-1-.03--Permits;
391-3-1-.02(7)--Prevention of Significant Deterioration (PSD); 391-3-
1-.02(2)(yy)--Emissions of Nitrogen Oxides from Major Sources; 391-3-
1-.02(2)(jjj)--NOX Emissions from Electric Utility Steam Generating
Units; 391-3-1-.02(2)(lll)--NOX Emissions From Fuel Burning Equipment;
391-3-1-
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.02(2)(rrr)--NOX Emissions From Small Fuel-Burning Equipment; and 391-
3-20--Enhanced Inspection and Maintenance. In addition to the SIP-
approved rules mentioned above, Georgia also identifies Rule 391-3-
1-.02(sss)--Multipollutant Control for Electric Utility Steam
Generating Units, a rule that is not incorporated into the SIP, as a
measure that targets NOX emissions.
Second, there are no designated nonattainment areas for the 2010 1-
hour NO2 NAAQS nationwide. On February 17, 2012 (77 FR
9532), EPA designated the entire country as ``unclassifiable/
attainment'' for the 2010 1-hour NO2 NAAQS, stating that
``available information does not indicate that the air quality in these
areas exceeds the 2010 1-hour NO2 NAAQS.''
Third, the 2015-2017 NO2 design values in Georgia are
below the 2010 1-hour NO2 NAAQS standard of 100 ppb. The
highest monitored design value in the State is 56 ppb, which is 44
percent below the standard. Additionally, the highest monitored 2015-
2017 valid design values for the neighboring states of Florida, North
Carolina, South Carolina, and Tennessee are below the 2010 standard (at
42, 38, 42, and 53 ppb, respectively).\9\ EPA notes that the trends in
NO2 design values for the southeast indicate a 42 percent
decrease in measured NO2 concentrations from 2000-2017.\10\
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\9\ Monitoring sites must meet the data completeness
requirements listed in Appendix S to 40 CFR part 50 in order to have
a valid design value. Table 2 in Georgia's submittal and EPA's air
quality design value website--https://www.epa.gov/air-trends/air-quality-design-values--indicate that the highest reported 2015-2017
NO2 design values are invalid for the neighboring states
of Alabama, Florida, and North Carolina (49, 45, and 39 ppb,
respectively). Additionally, Alabama has no valid 2015-2017
NO2 design values.
\10\ National Trends in Nitrogen Dioxide Levels for the
southeast are available on the EPA's air trends website at https://www.epa.gov/air-trends/nitrogen-dioxide-trends.
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Fourth, emissions data provided in the SIP submittal show that
NOx emissions decreased from 1990 to 2017 by approximately
58 percent. In 2017, highway vehicles were the largest contributors
with 153,635 tons per year (tpy), and off-highway vehicles were second
with 56,872 tpy.\11\
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\11\ See Figure 1 and Table 3 in Georgia's submittal, which is
based on emissions trends data extracted from the EPA website at
https://www.epa.gov/air-emissions-inventories/air-pullutants-emissions-trends-data.
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For all the reasons discussed above, EPA has preliminarily
determined that Georgia does not contribute significantly to
nonattainment or interfere with maintenance of the 2010 1-hour
NO2 NAAQS in any other state and that Georgia'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. Proposed Action
As described above, EPA is proposing to approve Georgia's July 24,
2018, SIP revision addressing prongs 1 and 2 of CAA section
110(a)(2)(D)(i) for the 2010 1-hour NO2 NAAQS.
IV. 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
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 27, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-04391 Filed 3-8-19; 8:45 am]
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