[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6808-6810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01581]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0014; FRL-10004-68-Region 4]


Air Plan Approval; AL and SC: Infrastructure Requirements for the 
2015 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of the Alabama and South Carolina State Implementation Plan 
(SIP) submissions provided on August 20, 2018, and September 7, 2018, 
respectively, for inclusion into their respective SIPs. These approvals 
pertain 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. Alabama 
and South Carolina certified that their SIPs contain provisions that 
ensure the 2015 8-hour ozone NAAQS is implemented, enforced, and 
maintained in their State. EPA has determined that Alabama and South 
Carolina infrastructure SIP submissions satisfy certain required 
infrastructure elements for the 2015 8-hour ozone NAAQS.

DATES: This rule will be effective March 9, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0014. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not 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 and Radiation 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

[[Page 6809]]

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: Sean Lakeman, 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, 30303-8960. Mr. Lakeman can be reached via 
electronic mail at [email protected] or via telephone at (404) 562-
9043.

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 1, 2015 (published October 26, 2015, see 80 FR 65292), 
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. 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 federally-approved 
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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    This action is approving Alabama's August 20, 2018,\2\ SIP revision 
provided to EPA through the Alabama Department of Environmental 
Management (ADEM) and South Carolina's September 7, 2018, SIP revision 
provided to EPA through the Department of Health and Environmental 
Control (DEHC), for the applicable infrastructure SIP requirements of 
the 2015 8-hour ozone NAAQS, with the exception of the interstate 
transport provisions of section 110(a)(2)(D)(i)(I), pertaining to 
contribution to nonattainment or interference with maintenance in other 
states. With respect to the interstate transport provisions of section 
110(a)(2)(D)(i)(I), EPA will address these provisions in separate 
rulemaking actions.
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    \2\ The August 20, 2018, SIP submission provided by ADEM was 
received by EPA on August 27, 2018.
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    In a notice of proposed rulemaking (NPRM) published on November 26, 
2019 (84 FR 65051), EPA proposed to approve the Alabama and South 
Carolina SIP submissions provided on August 20, 2018 and September 7, 
2018 respectively, for the certain applicable infrastructure SIP 
requirements of the 2015 8-hour ozone NAAQS. The NPRM provides 
additional detail regarding the background and rationale for EPA's 
action. Comments on the NPRM were due on or before December 26, 2019. 
EPA received no adverse comments on the NPRM.

II. Final Action

    With the exception of interstate transport provisions pertaining to 
contribution to nonattainment or interference with maintenance in other 
states of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA is approving 
Alabama's August 20, 2018 and South Carolina's September 7, 2018, SIP 
submissions for the 2015 8-hour ozone NAAQS. EPA is approving Alabama's 
and South Carolina's infrastructure SIP submissions for certain 
infrastructure elements for the 2015 8-hour ozone NAAQS because these 
elements 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 (Public Law 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 Alabama 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.
    Because this SIP action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law, this SIP action for the State of South 
Carolina does not have Tribal implications as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). Therefore, this action 
will not impose substantial direct costs on Tribal governments or 
preempt Tribal law. The Catawba Indian Nation (CIN) Reservation is 
located within the boundary of York County, South Carolina. Pursuant to 
the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120 
(Settlement Act), ``all state and local environmental laws and 
regulations apply to the [Catawba Indian Nation] and Reservation and 
are fully enforceable by all relevant state and local agencies and 
authorities.'' The CIN also retains authority to impose

[[Page 6810]]

regulations applying higher environmental standards to the Reservation 
than those imposed by state law or local governing bodies, in 
accordance with the Settlement Act.
    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 April 6, 2020. 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, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: January 15, 2020.
Mary S. Walker,
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 entry ``110(a)(1) and (2) 
Infrastructure Requirements for the 2015 8-Hour Ozone 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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                                                               State
   Name of nonregulatory SIP      Applicable geographic   submittal date/
           provision              or nonattainment area      effective     EPA approval date      Explanation
                                                               date
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                                                  * * * * * * *
110(a)(1) and (2)                Alabama................       8/27/2018  2/6/2020 [Insert    With the exception
 Infrastructure Requirements                                               Federal Register    of
 for the 2015 8-Hour Ozone                                                 citation].          110(a)(2)(D)(i)(I
 NAAQS.                                                                                        ) (prongs 1 and
                                                                                               2).
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Subpart PP--South Carolina

0
3. Section 52.2120(e) is amended by adding entry ``110(a)(1) and (2) 
Infrastructure Requirements for the 2015 8-Hour Ozone NAAQS'' at the 
end of the table to read as follows:


Sec.  52.2120   Identification of plan.

* * * * *
    (e) * * *

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                                               State
                Provision                 effective date       EPA approval date              Explanation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure                9/7/2018  2/6/2020 [Insert Federal    With the exception of
 Requirements for the 2015 8-Hour Ozone                    Register citation].         110(a)(2)(D)(i)(I)
 NAAQS.                                                                                (prongs 1 and 2).
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[FR Doc. 2020-01581 Filed 2-5-20; 8:45 am]
 BILLING CODE 6560-50-P