[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Proposed Rules]
[Pages 71866-71875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27691]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0503; FRL-10003-70-Region 4]
Air Plan Approval; GA and NC: Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of the Georgia and North Carolina State Implementation
Plan (SIP) submissions provided on September 24, 2018 and September 27,
2018, respectively, for inclusion into their respective SIPs. This
proposal pertains to the infrastructure requirements of the Clean Air
Act (CAA or Act) for the 2015 8-hour ozone national ambient air quality
standard (NAAQS). Whenever EPA promulgates a new or revised NAAQS, the
CAA requires that each state adopt and submit a SIP for the
implementation, maintenance and enforcement of each NAAQS promulgated
by EPA. Georgia and North Carolina certified that their SIPs contain
provisions that ensure the 2015 8-hour ozone NAAQS is implemented,
enforced, and maintained in their State. EPA is proposing to determine
that the Georgia and North Carolina infrastructure SIP submissions
satisfy certain required infrastructure elements for the 2015 8-hour
ozone NAAQS.
DATES: Comments must be received on or before January 29, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0503 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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Bell can be reached
via telephone at (404) 562-9088 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Overview
[[Page 71867]]
II. What elements are required under Sections 110(a)(1) and
110(a)(2)?
III. What is EPA's approach to the review of infrastructure SIP
submissions?
IV. What is EPA's analysis of how Georgia and North Carolina
addressed the elements of the Section 110(a)(1) and (2)
``Infrastructure'' Provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. Background and Overview
On October 1, 2015, EPA promulgated a revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIP revisions meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires 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 NAAQS. This particular type of SIP is commonly
referred to as an ``infrastructure SIP.'' States were required to
submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no later than
October 1, 2018.\1\
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\1\ In these infrastructure SIP submissions, states generally
certify evidence of compliance with sections 110(a)(1) and (2) of
the CAA through a combination of state regulations and statutes,
some of which have been incorporated into the SIP. In addition,
certain federally-approved, non-SIP regulations may also be
appropriate for demonstrating compliance with sections 110(a)(1) and
(2).
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EPA is proposing to approve Georgia's September 24, 2018 SIP
revision provided to EPA through the Georgia Environmental Protection
Division (GA EPD) and North Carolina's September 27, 2018 \2\ SIP
revision provided to EPA through the North Carolina Department of
Environmental Quality (NC DEQ) for the applicable requirements of the
2015 8-hour ozone NAAQS, with the exception of interstate transport
provisions of section 110(a)(2)(D)(i)(I) pertaining to contribution to
nonattainment or interference with maintenance in other states, and
prevention of significant deterioration (PSD) provisions related to
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J). With respect to the interstate transport provisions of
section 110(a)(2)(D)(i)(I) and PSD provisions related to major sources
under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J), EPA
will address these provisions in separate rulemaking actions.
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\2\ The September 27, 2018, SIP submission provided by NC DEQ's
Division of Air Quality (DAQ) was received by EPA on October 10,
2018.
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II. What elements are required under Sections 110(a)(1) and 110(a)(2)?
Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. In particular, the
data and analytical tools available at the time the state develops and
submits the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains.\3\
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\3\ Throughout this rulemaking, the term ``North Carolina
Administrative Code (NCAC)'' indicates that the cited regulation has
been approved into North Carolina's SIP, unless otherwise indicated.
The term ``North Carolina General Statutes (NCGS)'' cites to the
North Carolina state statutes, which are not a part of the SIP
unless otherwise indicated. For Georgia, the term ``Georgia's Air
Quality Control Rule'' indicates that the cited regulation has been
approved into Georgia's SIP, unless otherwise indicated. The term
``Georgia Air Quality Act Article: Air Quality (O.C.G.A.)'' cites to
Georgia state statutes, which are not part of the SIP unless
otherwise indicated.
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More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for infrastructure SIP requirements related to a
newly established or revised NAAQS. As mentioned above, these
requirements include basic SIP elements such as requirements for
monitoring, basic program requirements, and legal authority that are
designed to assure attainment and maintenance of the NAAQS. The
requirements of section 110(a)(2) are described in EPA's September 13,
2013, memorandum entitled ``Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean Air Act Sections
110(a)(1) and 110(a)(2)'' (hereinafter ``2013 Guidance'') are listed
below and summarized in section IV of this rulemaking: \4\
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\4\ Two elements identified in section 110(a)(2) are not
governed by the three-year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time the nonattainment
area plan requirements are due pursuant to section 172. These
requirements are: (1) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D, title I of the CAA; and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, title I of the CAA. This proposed rulemaking
does not address infrastructure elements related to section
110(a)(2)(I) or the Part D nonattainment permitting requirements of
110(a)(2)(C).
110(a)(2)(A): Emission Limits and Other Control Measures
110(a)(2)(B): Ambient Air Quality Monitoring/Data System
110(a)(2)(C): Programs for Enforcement of Control Measures and
for Construction or Modification of Stationary Sources \5\
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\5\ As mentioned above, the Part D permit program for
construction and modification of major stationary sources is not
relevant to this proposed rulemaking.
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110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport
110(a)(2)(D)(ii): Interstate Pollution Abatement and
International Air Pollution
110(a)(2)(E): Adequate Resources and Authority, Conflict of
Interest, and Oversight of Local Governments and Regional Agencies
110(a)(2)(F): Stationary Source Monitoring and Reporting
110(a)(2)(G): Emergency Powers
110(a)(2)(H): SIP Revisions
110(a)(2)(I): Plan Revisions for Nonattainment Areas \6\
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\6\ As also mentioned above, this element is not relevant to
this proposed rulemaking.
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110(a)(2)(J): Consultation with Government
Officials, Public Notification, and PSD and Visibility Protection
110(a)(2)(K): Air Quality Modeling and Submission of Modeling
Data
110(a)(2)(L): Permitting fees
110(a)(2)(M): Consultation and Participation by Affected Local
Entities
III. What is EPA's approach to the review of infrastructure SIP
submissions?
EPA is acting upon portions of the SIP submissions from Georgia and
North Carolina that address certain infrastructure requirements of CAA
sections 110(a)(1) and 110(a)(2) for the 2015 8-hour ozone NAAQS.
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, commonly
referred to as an ``infrastructure SIP.'' These infrastructure SIP
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
[[Page 71868]]
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.\7\ Unless
otherwise noted below, EPA is following that existing approach in
acting on these submissions. In addition, in the context of acting on
such infrastructure submissions, EPA evaluates the submitting state's
SIP for facial compliance with statutory and regulatory requirements,
not for the state's implementation of its SIP.\8\ 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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\7\ 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
actions on Georgia and North Carolina infrastructure SIPs to address
the 2010 Nitrogen Dioxide NAAQS. See 81 FR 41905 (June 28, 2016) and
81 FR 47115 (July 20, 2016), respectively.
\8\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th
Cir. 2018).
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IV. What is EPA's analysis of how Georgia and North Carolina
addressed the elements of the Section 110(a)(1) and (2)
``Infrastructure'' provisions?
Georgia's and North Carolina's infrastructure SIP submissions
address certain provisions of sections 110(a)(1) and (2) as described
below.
1. 110(a)(2)(A) Emission Limits and Other Control Measures: Section
110(a)(2)(A) requires that each implementation plan include enforceable
emission limitations and other control measures, means, or techniques
(including economic incentives such as fees, marketable permits, and
auctions of emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the applicable
requirements. Several regulations within Georgia's and North Carolina's
SIPs include enforceable emission limitations and other control
measures. EPA provides more detail below for each state addressed in
this proposed rulemaking.
Georgia
Georgia's Air Quality Control Rules 391-3-1-.01--``Definitions.
Amended.'', 391-3-1-.02,--``Provisions. Amended.'', and 391-3-1-.03--
``Permits. Amended.'' collectively establish enforceable emissions
limitations and other control measures, means, or techniques for
activities that contribute to ozone concentrations in the ambient air,
and provide authority for GA EPD to establish such limits and measures
as well as schedules for compliance through SIP-approved permits to
meet the applicable requirements of the CAA.
North Carolina
CAA section 110(a)(2)(A) requirements are met through several North
Carolina Administrative Code (NCAC) regulations. Specifically, 15A NCAC
2D .0500 Emission Control Standards establishes emission limits for
ozone precursor pollutants. The following SIP-approved rules address
additional control measures, means and techniques: 15A NCAC 2D .0600--
Monitoring: Recordkeeping: Reporting, 15A NCAC 2D .0900--Volatile
Organic Compounds, 15A NCAC 2D .1400--Nitrogen Oxides, and 15A NCAC 2D
.2600--Source Testing. In addition, North Carolina General Statutes
(NCGS)143-215.107(a)(5)--Air quality standards and classifications,
provides the North Carolina Environmental Management Commission (EMC)
with the statutory authority, ``[t]o develop and adopt emission control
standards as in the judgment of the Commission may be necessary to
prohibit, abate, or control air pollution commensurate with established
air quality standards.''
EPA has made the preliminary determination that the provisions
contained in Georgia's and North Carolina's SIP-approved state
regulations and state statutes are adequate for enforceable emission
limitations and other control measures, means, or techniques, as well
as schedules and timetables for compliance to satisfy the requirements
of section 110(a)(2(A) for the 2015 8-hour ozone NAAQS in each of the
states.
2. 110(a)(2)(B) Ambient Air Quality Monitoring/Data System: Section
110(a)(2)(B) requires SIPs to provide for establishment and operation
of appropriate devices, methods, systems, and procedures necessary to:
(i) Monitor, compile, and analyze data on ambient air quality, and (ii)
upon request, make such data available to the Administrator. EPA
provides more detail below for each state addressed in this proposed
rulemaking.
Georgia
Georgia's authority to monitor ambient air quality is found in the
Georgia Air Quality Act Article 1: Air Quality (O.C.G.A. Section 12-9-
6(b)(2)).
North Carolina
North Carolina's NCGS 143-215.107(a)(2)--Air quality standards and
classifications provides the EMC with the statutory authority ``To
determine by means of field sampling and other studies, including the
examination of available data collected by any local, State or federal
agency or any person, the degree of air contamination and air pollution
in the State and the several areas of the State.''
Ambient Monitoring Network Plans
Annually, states develop and submit to EPA for approval statewide
ambient monitoring network plans consistent with the requirements of 40
CFR parts 50, 53, and 58. The annual network plan involves an
evaluation of any proposed changes to the monitoring network and
includes the annual ambient monitoring network design plan and a
certified evaluation of the agency's ambient monitors and auxiliary
support equipment.\9\
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\9\ On occasion, proposed changes to the monitoring network are
evaluated outside of the network plan approval process in accordance
with 40 CFR part 58.
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On June 29, 2018, and June 13, 2019, North Carolina and Georgia
submitted their monitoring network plans to EPA, respectively. On
October 22, 2018, and October 3, 2019, EPA approved these monitoring
network plans for North Carolina and Georgia, respectively. Georgia's
and North Carolina's approved monitoring network plans are available in
the docket for this proposed action. EPA has made the preliminary
determination that Georgia's and North Carolina's SIPs and practices
are adequate for the ambient air quality monitoring and data system
requirements related to the 2015 8-hour ozone NAAQS.
3. 110(a)(2)(C) Programs for Enforcement of Control Measures and
for Construction or Modification of Stationary Sources: This element
consists of three sub-elements: Enforcement, state-wide regulation of
new and modified minor sources and minor modifications of major
sources, and preconstruction permitting of major sources and major
modifications in areas designated attainment or unclassifiable for a
NAAQS as required by CAA title I part C (i.e., the major source PSD
program). Georgia's and North Carolina's 2015 8-hour ozone NAAQS
infrastructure SIP submissions cite a number of SIP provisions to
address these requirements. EPA's rationale for its proposed action
regarding each sub-element is described below.
[[Page 71869]]
Georgia
Enforcement: Georgia's enforcement program covers mobile and
stationary sources, consumer products, and fuels. The enforcement
requirements are met through two of Georgia's Air Quality Control
Rules: 391-3-1-.07--``Inspections and Investigations. Amended.'' and
391-3-1-.09--``Enforcement. Amended.'' Georgia also cites to
enforcement authority found in O.C.G.A. Section 12-9-13 in its
submittal, which provides the director with the authority to issue
orders to remedy violations of rules and regulations. Collectively,
these regulations and State statute provide for enforcement of ozone
emission limits and control measures.
Regulation of minor sources and modifications: Georgia's SIP-
approved Air Quality Control Rule 391-3-1-.03(1)--``Construction (SIP)
Permit.'' governs the preconstruction permitting of modifications,
construction of minor stationary sources, and minor modifications of
major stationary sources.
Preconstruction PSD Permitting for Major Sources: With regard to
section 110(a)(2)(C) related to the programs for preconstruction PSD
permitting for major sources, EPA is not proposing any action in this
rulemaking. EPA will consider these requirements in relation to
Georgia's 2015 8-hour ozone NAAQS infrastructure submission in a
separate rulemaking.
North Carolina
Enforcement: NC DAQ's SIP-approved regulations provide for
enforcement of ozone emission limits and control measures through
enforceable permits. North Carolina's infrastructure SIP submission
also cited to the following statutory provisions as supporting this
element: NCGS 143-215.108--Control of sources of air pollution; permits
required and NCGS 143-215.107(a)(7)--Air quality standards and
classifications. In addition, North Carolina cited NCGS 143-215.6A, 6B,
and 6C--Enforcement procedures: civil penalties, criminal penalties,
and injunctive relief, which provides NC DAQ with the statutory
authority to seek civil and criminal penalties and injunctive relief to
enforce air quality rules.
Regulation of minor sources and modifications: NC DAQ's Regulation
15A NCAC 2Q .0300--Construction and Operation Permits governs the
preconstruction permitting of minor modifications and construction of
minor stationary sources.
PSD Permitting for Major Sources: With regard to section
110(a)(2)(C) related to the programs for preconstruction PSD permitting
for major sources, EPA is not proposing any action in this rulemaking.
EPA will consider these requirements in relation to North Carolina's
2015 8-hour ozone NAAQS infrastructure submission in a separate
rulemaking.
EPA has made the preliminary determination that Georgia's and North
Carolina's SIPs are adequate for enforcement of control measures and
regulation of minor sources and modifications related to the 2015 8-
hour ozone NAAQS.
4. 110(a)(2)(D)(i)(I) and (II) Interstate Pollution Transport:
Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). Each of these components has two subparts
resulting in 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 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 to protect visibility
in another state (``prong 4'').
110(a)(2)(D)(i)(I)--prongs 1, 2, and 3: EPA is not proposing any
action in this rulemaking related to the interstate transport
provisions pertaining to the contribution to nonattainment or
interference with maintenance in other states of section
110(a)(2)(D)(i)(I) (prongs 1 and 2) or the PSD element (prong 3). EPA
will consider these requirements in relation to Georgia's and North
Carolina's 2015 8-hour ozone NAAQS infrastructure submission in a
separate rulemaking.
110(a)(2)(D)(i)(II)--prong 4: Section 110(a)(2)(D)(i)(II) requires
that the SIP contain adequate provisions to protect visibility in other
states. For any relevant NAAQS, a state may satisfy the prong 4
requirement by relying on a fully-approved regional haze SIP.
Georgia
Georgia's SIP contains a fully-approved regional haze plan (83 FR
19637, May 4, 2018). EPA's approval of Georgia's regional haze SIP
ensures that emissions from Georgia are not interfering with measures
to protect visibility in other states, satisfying the requirements of
prong 4 of section 110(a)(2)(D)(i)(II) for the 2015 8-hour ozone NAAQS.
North Carolina
North Carolina's SIP contains a fully-approved regional haze plan
(81 FR 58400, August 25, 2016). EPA's approval of North Carolina
regional haze SIP ensures that emissions from North Carolina are not
interfering with measures to protect visibility in other states,
satisfying the requirements of prong 4 of section 110(a)(2)(D)(i)(II)
for the 2015 8-hour ozone NAAQS.
EPA has made the preliminary determination that Georgia's and North
Carolina's SIPs meet the requirements of prong 4 of section
110(a)(2)(D)(i)(II) for the 2015 8-hour ozone NAAQS.
5. 110(a)(2)(D)(ii) Interstate Pollution Abatement and
International Air Pollution: Section 110(a)(2)(D)(ii) requires SIPs to
include provisions ensuring compliance with section 115 and 126 of the
Act, relating to notification to nearby states, and interstate and
international pollution abatement.
Georgia
The following two Georgia Air Quality Control Rules provide Georgia
with the authority to conduct certain actions in support of this
infrastructure element: 391-3-1-.02(7) for the State's PSD regulations
and 391-3-1-.03(8) for the State's permitting regulations. Georgia's
Air Quality Control Rules 391-3-1-.02.(7)--``Provisions. Amended,'' and
391-3-1-.03.(8)--``Permits. Amended,'' collectively, require any new
major source or major modification to undergo PSD or nonattainment new
source review (NNSR) permitting, and provide notification to other
potentially affected Federal, state, and local government agencies,
which satisfies the notification requirements of section 126(a). In
addition, Georgia does not have any pending obligation under section
115 or 126(b) of the CAA related to international or interstate
pollution abatement.
North Carolina
North Carolina's State regulations: 15A NCAC 2D .0530--``Prevention
of Significant Deterioration'' and 15A NCAC 2D .0531--``Sources in
Nonattainment Areas'' provide how NC DAQ will notify neighboring states
of potential impacts from new or modified sources. These regulations
require NC DAQ to provide an opportunity for a public hearing to the
public, which includes state or local air pollution
[[Page 71870]]
control agencies, ``whose lands may be affected by emissions from the
source or modification'' in North Carolina. In addition, North Carolina
does not have any pending obligation under sections 115 or 126(b) of
the CAA related to international or interstate pollution abatement.
EPA has made the preliminary determination that Georgia's and North
Carolina's SIPs and practices are adequate for ensuring compliance with
the applicable requirements relating to interstate and international
pollution abatement for the 2015 8-hour ozone NAAQS.
6. 110(a)(2)(E) Adequate Resources and Authority, Conflict of
Interest, and Oversight of Local Governments and Regional Agencies:
Section 110(a)(2)(E) requires that each implementation plan provide:
(i) Necessary assurances that the state will have adequate personnel,
funding, and authority under state law to carry out its implementation
plan, (ii) that the state comply with the requirements respecting state
boards pursuant to section 128 of the Act, and (iii) necessary
assurances that, where the state has relied on a local or regional
government, agency, or instrumentality for the implementation of any
plan provision, the state has responsibility for ensuring adequate
implementation of such plan provisions. EPA's rationale respecting each
sub-element for which EPA is proposing action in this rulemaking is
described below.
Georgia
In support of sub-elements 110(a)(2)(E)(i) and (iii), Georgia's
infrastructure SIP submission demonstrates that it has adequate
authority for promulgating rules and regulations for the NAAQS,
emissions standards and general policies, a system of permits, fee
schedules for the review of plans, and other planning needs. In its SIP
submittal, Georgia cites to its authority for section 110(a)(2)(E)(i)
as the CAA section 105 grant process, O.C.G.A. 12-9-10, and Georgia's
Air Quality Control Rule 391-3-1-.03(9) which establish Georgia's Air
Permit Fee System. For section 110(a)(2)(E)(iii), the State does not
rely on localities in Georgia for specific SIP implementation. As
evidence of the adequacy of GA EPD's resources with respect to sub-
elements (i) and (iii), EPA submitted a letter to Georgia on March 25,
2019, outlining CAA section 105 grant commitments and the current
status of these commitments for fiscal year 2018. The letter EPA
submitted to GA EPD is available in the docket for this proposed
action. Annually, states update these grant commitments based on
current SIP requirements, air quality planning, and applicable
requirements related to the NAAQS. There were no outstanding issues in
relation to the SIP for fiscal year 2018, therefore, GA EPD's grants
were finalized and closed out.
Section 110(a)(2)(E)(ii) requires that the state comply with
section 128 of the CAA. Section 128 requires that the SIP contain
requirements providing that: (a)(1) The majority of members of the
state board or body which approves permits or enforcement orders
represent the public interest and do not derive any significant portion
of their income from persons subject to permitting or enforcement
orders under the CAA; and (a)(2) any potential conflicts of interest by
such board or body, or the head of an executive agency with similar
powers be adequately disclosed. To meet these requirements, Georgia's
infrastructure SIP submission cites to O.C.G.A. Section 12-9-5--Powers
and duties of Board of Natural Resources as to air quality generally
which provides the powers and duties of the Board of Natural Resources
as to air quality and provides that at least a majority of members of
this board represent the public interest and not derive any significant
portion of income from persons subject to permits or enforcement
orders, and that potential conflicts of interest will be adequately
disclosed. This provision has been approved into the SIP.
North Carolina
In support of sub-elements 110(a)(2)(E)(i) and (iii), North
Carolina's infrastructure SIP submission cites several regulations.
Rule 15A NCAC 2Q. 0200--``Permit Fees,'' provides the mechanism by
which stationary sources that emit air pollutants pay a fee based on
the quantity of emissions, which is authorized by State statute NCGS
143-215.3--General powers of Commission and Department: Auxiliary
powers. NCGS 143-215.107(a)(1)--Air quality standards and
classifications, provide the EMC with the statutory authority ``[t]o
prepare and develop, after proper study, a comprehensive plan or plans
for the prevention, abatement and control of air pollution in the State
or in any designated area of the State.'' NCGS 143-215.112--Local air
pollution control programs, provides the EMC with the statutory
authority ``to review and have general oversight and supervision over
all local air pollution control programs.'' North Carolina has three
local air agencies located in Buncombe (Western North Carolina),
Forsyth, and Mecklenburg Counties that implement the SIP in these
areas.
As further evidence of the adequacy of NC DAQ's resources, EPA
submitted a letter to North Carolina on May 2, 2019, outlining CAA
section 105 grant commitments and the current status of these
commitments for fiscal year 2018. The letter EPA submitted to North
Carolina can be accessed at www.regulations.gov using Docket ID No.
EPA-R04-OAR-2019-0503. Annually, states update these grant commitments
based on current SIP requirements, air quality planning, and applicable
requirements related to the NAAQS. North Carolina satisfactorily met
all commitments agreed to in the Air Planning Agreement for fiscal year
2018; therefore, North Carolina's grants were finalized and closed out.
Collectively, these rules and commitments provide evidence that NC DAQ
has adequate personnel, funding, and legal authority to carry out the
State's implementation plan and related issues. EPA has made the
preliminary determination that North Carolina has adequate resources
and authority to satisfy sections 110(a)(2)(E)(i) and (iii) of the 2015
8-hour ozone NAAQS.
With respect to the requirements of section 110(a)(2)(E)(ii),\10\
North Carolina is not subject to section 128(a)(1) because it has no
boards or bodies with authority over air pollution permits or
enforcement actions. The initial authority to approve CAA permits or
enforcement orders are instead delegated to the Secretary of NC DEQ and
his/her designee. Final authority to approve permits and enforcement
orders on appeal resides with administrative law judges (ALJs).
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\10\ See the description of the section 128 requirements
provided above regarding the proposed action on this element.
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On November 3, 2015 (80 FR 67645), EPA approved North Carolina's
section 128(a)(2) conflict of interest disclosure requirements for the
Secretary of NC DEQ and his/her designee, and ALJs. ALJs \11\ meet
these requirements through NCGS 7A-754 which contains provisions
related to the Office of Administrative Hearings addressing these
requirements for the ALJs. NCGS 7A-754 requires ALJs to act
impartially, which broadly includes financial considerations,
relationships, and other associations. ALJs are prohibited from
participating in any matter in which the ALJ's impartiality might
reasonably be questioned or the ALJ must disclose the potential
conflict of interest on the record in the proceeding. In the case of
[[Page 71871]]
such disclosures, the parties to the matter must agree that the
disclosed conflict of interest is immaterial before the ALJ may
continue to participate in the matter. The Secretary of NC DEQ and his/
her designee must file an annual certification disclosing potential
conflicts, amend the certification if circumstances change, and must
additionally disclose any potential conflict for each final action.
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\11\ EPA has determined that ALJs in North Carolina are
authorized to approve permits and enforcement orders on appeal and
that the ALJs must therefore meet the conflict of interest
disclosure requirements of section 128(a)(2).
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EPA has made the preliminary determination that Georgia's and North
Carolina's SIPs have adequately addressed the requirements of section
128(a), and accordingly have met the requirements of section
110(a)(2)(E)(ii) with respect to infrastructure SIP requirements. EPA
is proposing to approve Georgia's and North Carolina's infrastructure
SIP submissions as meeting the requirements of sub-elements
110(a)(2)(E)(i), (ii), and (iii).
7. 110(a)(2)(F) Stationary Source Monitoring and Reporting: Section
110(a)(2)(F) requires SIPs to meet applicable requirements addressing:
(i) The installation, maintenance, and replacement of equipment, and
the implementation of other necessary steps, by owners or operators of
stationary sources to monitor emissions from such sources, (ii)
periodic reports on the nature and amounts of emissions and emissions
related data from such sources, and (iii) correlation of such reports
by the state agency with any emission limitations or standards
established pursuant to this section, which reports shall be available
at reasonable times for public inspection. EPA's rules regarding how
SIPs need to address source monitoring requirements at 40 CFR 51.212
require SIPs to exclude any provision that would prevent the use of
credible evidence of noncompliance.
Additionally, states are required to submit emissions data to EPA
for purposes of the National Emissions Inventory (NEI), pursuant to
Subpart A to 40 CFR part 51--``Air Emissions Reporting Requirements.''
The NEI is EPA's central repository for air emissions data. All states
are required to submit a comprehensive emission inventory every three
years and report emissions for certain larger sources annually through
EPA's online Emissions Inventory System. States report emissions data
for the six criteria pollutants and the precursors that form them--
nitrogen oxides, sulfur dioxides, ammonia, lead, carbon monoxide,
particulate matter, and volatile organic compounds. Many states also
voluntarily report emissions of hazardous air pollutants.
Georgia
Georgia's infrastructure SIP submission describes the establishment
of requirements for compliance testing by emissions sampling and
analysis, and for emissions and operation monitoring to ensure the
quality of data in the State.
The following SIP-approved rules enable Georgia to meet the
requirements of this element: Georgia Air Quality Control Rules 391-3-
1-.02(3)--``Sampling.''; 391-3-1-.02(6)(b)--``Source Monitoring.'';
391-3-1-.02(11)--``Compliance Assurance Monitoring.''; and 391-3-
1-.03--``Permits. Amended.'' Also, O.C.G.A. 12-9-5(b)(6) provides the
State with the authority to conduct actions regarding stationary source
emissions monitoring and reporting in support of this infrastructure
element. These rules collectively require emissions monitoring and
reporting for activities that contribute to ozone concentrations in the
air, including requirements for the installation, calibration,
maintenance, and operation of equipment for continuously monitoring or
recording emissions, and provide authority for GA EPD to establish such
emissions monitoring and reporting requirements through SIP-approved
permits and require reporting of 2015 8-hour ozone precursor emissions.
Georgia's most recently published triennial compiled emissions
information is available as part of the 2014 NEI. EPA compiles the
emissions data, supplementing it where necessary, and releases it to
the public through the website: https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
Georgia's Air Quality Control Rule 391-3-1-.02(3)--``Sampling,''
cites to the State's ``Procedures for Testing and Monitoring Sources of
Air Pollutants,'' \12\ which allows the use of all available
information to determine compliance under its Compliance with Standards
and Maintenance Requirements provisions. In addition, EPA is unaware of
any provision preventing the use of credible evidence in the Georgia
SIP.
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\12\ These ``Procedures for Testing and Monitoring Sources of
Air Pollutants'' are not incorporated into Georgia's SIP.
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North Carolina
North Carolina's infrastructure SIP submission identifies
requirements providing how the State establishes requirements for
emissions compliance testing and emissions sampling and analysis. NC
DAQ uses these data to track progress towards maintaining the NAAQS,
develop control and maintenance strategies, identify sources and
general emission levels, and determine compliance with emission
regulations and additional EPA requirements. The following North
Carolina rules require monitoring of emissions from stationary sources:
15A NCAC 2D .0604--Exceptions to ``Monitoring and Reporting
Requirements;'' 15A NCAC 2D .0605--General Recordkeeping and Reporting
Requirements; 15A NCAC 2D .0611--``Monitoring Emissions from Other
Sources;'' 15A NCAC 2D .0612--``Alternative Monitoring and Reporting
Procedures;'' 15A NCAC 2D .0613--``Quality Assurance Program;'' and 15A
NCAC 2D .0614--``Compliance Assurance Monitoring.'' NCGS 143-
215.107(a)(4)--Air quality standards and classifications provide the
EMC with the statutory authority ``To collect information or to require
reporting from classes of sources which, in the judgment of the [EMC],
may cause or contribute to air pollution.'' Stationary sources are
required to submit periodic emissions reports to the State by Rule 15A
NCAC 2Q .0207--``Annual Emissions Reporting.'' Also, 15A NCAC 2D
.0605(c)--``General Recordkeeping and Reporting Requirements'' allows
for the use of credible evidence. In the event that the NC DAQ Director
has evidence that a source is violating an emission standard or permit
condition, the Director may require that the owner or operator of any
source submit to the Director any information necessary to determine
the compliance status of the source. In addition, EPA is unaware of any
provision preventing the use of credible evidence in the North Carolina
SIP.
North Carolina's most recently published triennial compiled
emissions information is available as part of the 2014 NEI. EPA
compiles the emissions data, supplementing it where necessary, and
releases it to the public through the website: https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
EPA has made the preliminary determination that Georgia's and North
Carolina's SIPs and practices are adequate for the stationary source
monitoring and reporting requirements related to the 2015 8-hour ozone
NAAQS. Accordingly, EPA is proposing to approve Georgia's and North
Carolina's infrastructure SIP submissions with respect to section
110(a)(2)(F).
8. 110(a)(2)(G) Emergency Powers: This section requires that states
demonstrate authority comparable with section 303 of the CAA and
adequate
[[Page 71872]]
contingency plans to implement such authority.
Georgia
Georgia's infrastructure SIP submission cites to O.C.G.A. Sections
12-9-2--Declaration of public policy, 12-9-6--Powers and duties of
director as to air quality generally, 12-9-12--Injunctive relief, 12-9-
13--Proceedings for enforcement, and 12-9-14--Powers of director in
situations involving imminent and substantial danger to public health),
and Air Quality Control Rule 391-3-1-.04--``Air Pollution Episodes.''
O.C.G.A. Section 12-9-2 provides ``[i]t is declared to be the public
policy of the state of Georgia to preserve, protect, and improve air
quality . . . to attain and maintain ambient air quality standards so
as to safeguard the public health, safety, and welfare.'' O.C.G.A.
Section 12-9-6(b)(10) provides the Director of GA EPD authority to
``issue orders as may be necessary to enforce compliance with [the
Georgia Air Quality Act Article 1: Air Quality (O.C.G.A)] and all rules
and regulations of this article.'' O.C.G.A. Section 12-9-12 provides
that ``[w]henever in the judgment of the director any person has
engaged in or is about to engage in any act or practice which
constitutes or will constitute an unlawful action under [the Georgia
Air Quality Act Article 1: Air Quality (O.C.G.A)], he may make
application to the superior court of the county in which the unlawful
act or practice has been or is about to be engaged in, or in which
jurisdiction is appropriate, for an order enjoining such act or
practice or for an order requiring compliance with this article. Upon a
showing by the director that such person has engaged in or is about to
engage in any such act or practice, a permanent or temporary
injunction, restraining order, or other order shall be granted without
the necessity of showing lack of an adequate remedy of law.'' O.C.G.A.
Section 12-19-13 specifically pertains to enforcement proceedings when
the Director of GA EPD has reason to believe that a violation of any
provision of the Georgia Air Quality Act Article 1: Air Quality
(O.C.G.A), or environmental rules, regulations, or orders have
occurred. O.C.G.A. Section 12-9-14 also provides that the Governor may
issue orders as necessary to protect the health of persons who are, or
may be, affected by a pollution source or facility after
``consult[ation] with local authorities in order to confirm the
correctness of the information on which action proposed to be taken is
based and to ascertain the action which such authorities are or will be
taking.''
Georgia's Air Quality Control Rule 391-3-1-.04--``Air Pollution
Episodes'' provides that the Director of GA EPD ``will proclaim that an
Air Pollution Alert, Air Pollution Warning, or Air Pollution Emergency
exists when the meteorological conditions are such that an air
stagnation condition is in existence and/or the accumulation of air
contaminants in any place is attaining or has attained levels which
could, if such levels are sustained or exceeded, lead to a substantial
threat to the health of persons in the specific area affected.''
Collectively the cited provisions provide that Georgia demonstrates
authority comparable with section 303 of the CAA and adequate
contingency plans to implement such authority in the State.
North Carolina
North Carolina's infrastructure SIP submission cites to 15A NCAC 2D
.0300--``Air Pollution Emergencies'' as identifying air pollution
emergency episodes and preplanned abatement strategies and provides the
means to implement emergency air pollution episode measures. Under NCGS
143-215.3(a)(12)--General powers of Commission and Department;
auxiliary powers, if NC DENR finds that such a ``condition of . . . air
pollution exists and that it creates an emergency requiring immediate
action to protect the public health and safety or to protect fish and
wildlife, the Secretary of the Department [NC DEQ] with the concurrence
of the Governor, shall order persons causing or contributing to the . .
. air pollution in question to reduce or discontinue immediately the
emission of air contaminants or the discharge of wastes.'' In addition,
NCGS 143-215.3(a)(12) provides NC DEQ with the authority to declare an
emergency when it finds that a generalized condition of water or air
pollution which is causing imminent danger to the health or safety of
the public.
EPA has made the preliminary determination that Georgia's and North
Carolina's SIPs and state laws are adequate for emergency powers
related to the 2015 8-hour ozone NAAQS. Accordingly, EPA is proposing
to approve Georgia's and North Carolina's infrastructure SIP submission
with respect to section 110(a)(2)(G).
9. 110(a)(2)(H) SIP Revisions: Section 110(a)(2)(H), in summary,
requires each SIP to provide for revisions of such plan: (i) As may be
necessary to take account of revisions of such national primary or
secondary ambient air quality standard or the availability of improved
or more expeditious methods of attaining such standard, and (ii)
whenever the Administrator finds that the plan is substantially
inadequate to attain the NAAQS or to otherwise comply with any
additional applicable requirements.
Georgia
GA EPD is responsible for adopting air quality rules and revising
SIPs as needed to attain or maintain the NAAQS in Georgia. The State
has the ability and authority to respond to calls for SIP revisions and
has provided SIP revisions over the years for implementation of the
NAAQS. O.C.G.A. Sections 12-9-6(b)(12) and 12-9-6(b)(13) provide
Georgia with the authority to conduct certain actions in support of
this infrastructure element. O.C.G.A. Section 12-9-6(b)(13) provides
authority to GA EPD to develop, amend, modify, and submit a
comprehensive plan or plans sufficient to comply with the CAA. O.C.G.A.
Section 12-9-6(b)(l2) authorizes GA EPD to exercise all incidental
powers necessary to carry out the Georgia Air Quality Act, which
includes achieving and maintaining NAAQS.
North Carolina
NC DAQ is responsible for adopting air quality rules and revising
SIPs as needed to attain or maintain the NAAQS in North Carolina. NCGS
143-215.107(a)(1) and (a)(10) grant NC DAQ with the authority to
prepare and develop, after proper study, a comprehensive plan for the
prevention of air pollution and implement the CAA, respectively. These
provisions provide NC DAQ the ability and authority to respond to calls
for SIP revisions, and North Carolina has provided number of SIP
revisions over the years for implementation of the NAAQS. In addition,
15A NCAC 2D .2401(d) states that ``[t]he EMC may specify through
rulemaking a specific emission limit lower than that established under
this rule for a specific source if compliance with the lower emission
limit is required to attain or maintain the ambient air quality
standard for ozone or any other ambient air quality standard in Section
15A NCAC 2D .0400.''
EPA has made the preliminary determination that Georgia and North
Carolina adequately demonstrate a commitment to provide future SIP
revisions related to the 2015 8-hour ozone NAAQS when necessary.
Accordingly, EPA is proposing to approve Georgia's and North Carolina's
infrastructure SIP submissions with respect to section 110(a)(2)(H).
10. 110(a)(2)(J) Consultation with government officials, public
[[Page 71873]]
notification, and PSD and visibility protection:
EPA is proposing to approve Georgia's and North Carolina's
infrastructure SIPs for the 2015 8-hour ozone NAAQS with respect to the
general requirement in section 110(a)(2)(J) to include a program in the
SIP that complies with the applicable consultation requirements of
section 121 and the public notification requirements of section 127.
With regard to the visibility protection element of section
110(a)(2)(J), EPA's 2013 Guidance notes that it does not treat the
visibility protection aspects of section 110(a)(2)(J) as applicable for
purposes of the infrastructure SIP approval process. EPA recognizes
that Georgia and North Carolina are subject to visibility protection
and regional haze program requirements under part C of the Act (which
includes sections 169A and 169B). However, there are no newly
applicable visibility protection obligations after the promulgation of
a new or revised NAAQS. As such, Georgia's and North Carolina's
infrastructure SIP submissions related to the 2015 8-hour ozone NAAQS
do not address the visibility protection element of section
110(a)(2)(J).
With regard to consultation, Section 110(a)(2)(J) of the CAA
requires states to provide a process for consultation with local
governments, designated organizations, and Federal Land Managers (FLMs)
carrying out NAAQS implementation requirements pursuant to section 121
relative to consultation requirements of section 121, the public
notification requirements of section 127, and PSD. EPA's rationale for
the remaining sub-elements for Georgia and North Carolina are described
below.
Georgia
Consultation with government officials (121 consultation): GA EPD
cited to O.C.G.A. Section 12-9-5(b)(17), Georgia Administrative
Procedures Act (O.C.G.A. Sec. 50-13-4), and Georgia's Air Quality
Control Rule 391-3-1-.02(7) as it relates to visibility protection for
this requirement. O.C.G.A. Section 12-9-5(b)(17) states that the Board
of Natural Resources is to ``establish satisfactory processes of
consultation and cooperation with local governments or other designated
organizations of elected officials or federal agencies for the purpose
of planning, implementing, and determining requirements under this
article to the extent required by the federal act.'' Georgia also cited
to transportation conformity SIP revisions approved by EPA on April 7,
2000 (see 65 FR 18245)--that contain state-wide consultation procedures
for the implementation of transportation conformity which includes the
development of mobile inventories for SIP development. Required
partners covered by Georgia's consultation procedures include federal,
state, and local transportation and air quality agency officials.
Public notification: With respect to public notification, section
110(a)(2)(J) of the CAA requires states to notify the public of NAAQS
exceedances and associated health hazards, and to enhance public
awareness of measures that can prevent such exceedances. GA EPD has
public notice mechanisms in place to notify the public of instances or
areas exceeding the NAAQS along with associated health effects through
the Air Quality Index reporting system in required areas. GA EPD's
Ambient Monitoring web page (www.georgiaair.org/amp) provides
information regarding current and historical air quality across the
State. Daily air quality forecasts may also be disseminated to the
public in Atlanta through the Georgia Department of Transportation's
electronic billboards. In its SIP submission, Georgia also notes that
the non-profit organization in Georgia named ``Clean Air Campaign''
disseminates statewide air quality information and ways to reduce air
pollution. Georgia Rule 391-3-1-.04--``Air Pollution Episodes'' enables
the State to conduct certain actions in support of this infrastructure
element. In addition, the following State statutes provide Georgia with
the authority to make public declarations about air pollution episodes
in support of this infrastructure element. O.C.G.A. 12-9-6(b)(8)
provides authority to the Georgia Board of Natural Resources ``[t]o
collect and disseminate information and to provide for public
notification in matters relating to air quality''.
PSD: With regard to the PSD element of section 110(a)(2)(J), EPA is
not proposing any action in this rulemaking. EPA will consider these
requirements in relation to Georgia's 2015 8-hour ozone NAAQS
infrastructure submission in a separate rulemaking.
North Carolina
Consultation with government officials (121 consultation): Rules
15A NCAC 2D.1600--General Conformity, 15A NCAC 2D .2000--
``Transportation Conformity,'' and 15A NCAC 2D .0531--``Sources in
Nonattainment Areas,'' along with the State's Regional Haze
Implementation Plan, provide for consultation with government officials
whose jurisdictions might be affected by SIP development activities.
Regarding conformity, North Carolina adopted state-wide consultation
procedures for the implementation of transportation conformity.
Implementation of transportation conformity as outlined in the
consultation procedures requires NC DAQ to consult with Federal, state,
and local transportation and air quality agency officials on the
development of motor vehicle emissions budgets. The Regional Haze SIP
provides for consultation between appropriate state, local, and tribal
air pollution control agencies as well as the corresponding FLMs.
Public notification: With respect to public notification, section
110(a)(2)(J) of the CAA requires states to notify the public of NAAQS
exceedances and associated health hazards, and to enhance public
awareness of measures that can prevent such exceedances. Rule 15A NCAC
2D .0300--``Air Pollution Emergencies'' provides North Carolina with
the authority to declare an emergency and notify the public accordingly
when it finds a generalized condition of water or air pollution which
is causing imminent danger to the health or safety of the public.
Additionally, NC DAQ has the North Carolina Air Awareness Program which
is a program to educate the public on air quality issues and promote
voluntary emission reduction measures. NC DAQ also features a web page
providing ambient monitoring information regarding current and
historical air quality across the State at http://www.ncair.org/monitor/. North Carolina participates in EPA's Air NOW program, which
enhances public awareness of air quality in North Carolina and
throughout the country.
PSD: With regard to the PSD element of section 110(a)(2)(J), EPA is
not proposing any action in this rulemaking. EPA will consider these
requirements in relation to North Carolina's 2015 8-hour ozone NAAQS
infrastructure submission in a separate rulemaking.
EPA has made the preliminary determination that Georgia's and North
Carolina's SIPs and practices adequately demonstrate that the States
meets applicable requirements related to consultation with government
officials, and the ability to provide public notification of section
110(a)(2)(J) for the 2015 8-hour ozone NAAQS. Thus, EPA is proposing to
approve Georgia's and North Carolina's infrastructure SIPs for the 2015
8-hour ozone NAAQS with respect to the general requirement in section
110(a)(2)(J) for these provisions.
11. 110(a)(2)(K) Air Quality Modeling and Submission of Modeling
Data: Section 110(a)(2)(K) of the CAA requires that SIPs provide for
performing air quality modeling so that
[[Page 71874]]
effects on air quality of emissions from NAAQS pollutants can be
predicted and submission of such data to EPA can be made.
Georgia
O.C.G.A. Section 12-9-6(b)(13) provides GA EPD with the authority
to conduct modeling actions and to submit air quality modeling data to
EPA in support of this element as part of comprehensive planning to
achieve and maintain the NAAQS. GA EPD also states that it has
personnel with training and experience to conduct photochemical
modeling to assess attainment of the ozone NAAQS.
Additionally, Georgia supports a regional effort to coordinate the
development of emissions inventories and conduct regional modeling for
several NAAQS, including the 2015 8-hour ozone NAAQS, for the
Southeastern states. Taken as a whole, Georgia's submission
demonstrates that Georgia has the authority to provide relevant data
for the purpose of predicting the effect on ambient air quality of the
2015 8-hour ozone NAAQS.
North Carolina
Rule 15A NCAC 2D .0600--``Monitoring: Recordkeeping: Reporting''
(authorized under NCGS 143-215.107(a)(4)) requires sources to provide
information needed to model potential impacts on air quality. NCGS 143-
215.107(a) also provides authority for the EMC to determine by means of
field sampling and other studies, the degree of air contamination and
air pollution in the state. Collectively, these regulations demonstrate
that North Carolina has the authority to perform air quality modeling
and to provide relevant data for the purpose of predicting the effect
on ambient air quality of the 2015 8-hour ozone NAAQS. The submittal
also states that DAQ currently has personnel with training and
experience to conduct source-oriented dispersion modeling that would
likely be used in PM2.5 NAAQS applications with models
approved by EPA.
Additionally, North Carolina participates in a regional effort to
coordinate the development of emissions inventories and conduct
regional modeling for several NAAQS, including the 2015 8-hour ozone
NAAQS, for the Southeastern states. Taken as a whole, North Carolina's
air quality regulations and practices demonstrate that DAQ has the
authority to provide relevant data for the purpose of predicting the
effect on ambient air quality of any emissions of any pollutant for
which a NAAQS has been promulgated, and to provide such information to
EPA upon request.
EPA has made the preliminary determination that Georgia's and North
Carolina's SIP submissions and practices adequately demonstrate the
States' ability to provide for air quality modeling, along with
analysis of the associated data, related to the 2015 8-hour ozone
NAAQS. Accordingly, EPA is proposing to approve Georgia's and North
Carolina's infrastructure SIP submissions with respect to section
110(a)(2)(K).
12. 110(a)(2)(L) Permitting Fees: This section requires the owner
or operator of each major stationary source to pay to the permitting
authority, as a condition of any permit required under the CAA, a fee
sufficient to cover: (i) The reasonable costs of reviewing and acting
upon any application for such a permit, and (ii) if the owner or
operator receives a permit for such source, the reasonable costs of
implementing and enforcing the terms and conditions of any such permit
(not including any court costs or other costs associated with any
enforcement action), until such fee requirement is superseded with
respect to such sources by EPA's approval of a fee program under title
V.
Georgia
Georgia's PSD and NNSR permitting programs are funded with title V
fees. Georgia Rule 391-3-1-.03(9)--``Permit Fees.'' incorporates EPA-
approved title V fee program. Georgia's authority to mandate funding
for processing PSD and NNSR permits is found in O.C.G.A. 12-9-10. The
State notes that these title V operating program fees cover the
reasonable cost of implementation and enforcement of PSD and NNSR
permits after they have been issued.
North Carolina
North Carolina's infrastructure SIP submission cites to 15A NCAC
02Q .0200--``Permit Fees,'' which requires the owner or operator of
source holding a permit to pay to the permitting authority a sufficient
fee to cover the costs of the permitting program. The 15A NCAC 2Q .0500
rules contain the State's title V program \13\ and conditions which
include provisions to implement and enforce PSD and NNSR permits once
these permits have been issued. NCGS 143-215.3--General powers of
Commission and Department; auxiliary Powers, provides authority for NC
DAQ to require a processing fee in an amount sufficient for the
reasonable cost of reviewing and acting upon PSD and NNSR permits.
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\13\ Title V program regulations are federally-approved but not
incorporated into the SIP.
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EPA has made the preliminary determination that Georgia's and North
Carolina's SIP submissions and practices adequately provide for
permitting fees related to the 2015 8-hour ozone NAAQS, when necessary.
Accordingly, EPA is proposing to approve Georgia's and North Carolina's
infrastructure SIP submissions with respect to section 110(a)(2)(L).
13. 110(a)(2)(M) Consultation and Participation by Affected Local
Entities: Section 110(a)(2)(M) of the Act requires states to provide
for consultation and participation in SIP development by local
political subdivisions affected by the SIP.
Georgia
Consultation and participation by affected local entities is
authorized by O.C.G.A. 12-9-5(b)(17), which provides authority for the
Board of Natural Resources to establish processes for consultation and
cooperation with local entities for purposes of planning and
implementing the CAA, Georgia's Air Quality Control Rule 391-3-1-.15--
``Transportation Conformity'' defines the consultation procedures for
areas subject to transportation conformity. Furthermore, GA EPD has
demonstrated consultation with, and participation by, affected local
entities through its work with local political subdivisions during the
development of its Transportation Conformity SIP and has worked with
the FLMs as a requirement of the regional haze rule.
North Carolina
Under the North Carolina Administrative Procedures Act, all state
rules go through a public review process (NCGS 150B-21.1 and 150B-
21.2). Also, 15A NCAC 2D .2000--``Transportation Conformity'' requires
a consultation with all affected partners to be implemented for
transportation conformity determinations. Furthermore, NC DAQ has
demonstrated consultation with, and participation by, affected local
entities through its work with local political subdivisions during the
development of its Transportation Conformity SIP, Regional Haze
Implementation Plan, and the 8-Hour Ozone Attainment Demonstration for
the North Carolina portion of the Charlotte-Gastonia-Rock Hill NC-SC
nonattainment area.
EPA has made the preliminary determination that Georgia's and North
Carolina's SIP submissions and practices adequately demonstrate
consultation with affected local entities
[[Page 71875]]
related to the 2015 8-hour ozone NAAQS when necessary.
V. Proposed Action
With the exception of interstate transport provisions of section
110(a)(2)(D)(i)(I) and (II) (prongs 1 and 2) pertaining to contribution
to nonattainment or interference with maintenance in other states, and
PSD provisions related to major sources under sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J), EPA is proposing to
approve Georgia's and North Carolina's September 24, 2018 and September
27, 2018, SIP submissions for the 2015 8-hour ozone NAAQS for the above
described infrastructure SIP requirements, respectively. EPA is
proposing to approve Georgia's and North Carolina's infrastructure SIP
submissions for certain requirements related to the 2015 8-hour ozone
NAAQS because the submissions are consistent with section 110 of the
CAA.
VI. 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
propose to approve state law as meeting Federal requirements and do not
impose additional requirements beyond those imposed by state law. For
that reason, these proposed 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 an 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 proposed actions, 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 12, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-27691 Filed 12-27-19; 8:45 am]
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