[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Rules and Regulations]
[Pages 20836-20838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06584]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0503; FRL-10007-45-Region 4]


Air Plan Approvals; GA and NC; Prevention of Significant 
Deterioration Infrastructure Requirements for the 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving portions of the Georgia and North Carolina infrastructure 
State Implementation Plan (SIP) submissions for the 2015 8-hour ozone 
National Ambient Air Quality Standards (NAAQS) provided to EPA on 
September 24, 2018, and September 27, 2018, respectively. Whenever EPA 
promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act) 
requires that each state adopt and submit a SIP submission to establish 
that the state's SIP meets infrastructure requirements for the 
implementation, maintenance, and enforcement of each such NAAQS. 
Specifically, EPA is taking final action to conditionally approve the 
portions of the Georgia and North Carolina infrastructure SIP 
submissions related to the prevention of significant deterioration 
(PSD) infrastructure elements for the 2015 8-hour ozone NAAQS.

DATES: This rule will be effective May 15, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0503. 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 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: Nacosta C. Ward of 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. Ms. Ward can be reached 
by telephone at (404) 562-9140 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On October 1, 2015, EPA promulgated 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 SIP revisions for the 2015 8-hour ozone NAAQS to EPA no 
later than October 1, 2018.\1\
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    \1\ In 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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    As explained in a notice of proposed rulemaking (NPRM) published on 
February 11, 2020 (85 FR 7695), Georgia and North Carolina cite to 
several regulations 2 3 to demonstrate that their

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respective SIPs meet the PSD-related requirements of sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3),\4\ and 110(a)(2)(J). Each 
of these requirements are met if the state's implementation plan 
includes a PSD program that meets current Federal requirements, 
however, Georgia's and North Carolina's SIP-approved PSD programs do 
not contain or reference the most recent version of 40 CFR part 51, 
appendix W, Guideline on Air Quality Models.\5\ Therefore, on November 
14, 2019, and December 16, 2019, GA EPD and NC DEQ, respectively, 
submitted commitment letters to EPA requesting conditional approval of 
the PSD-related requirements of sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) of the aforementioned 
infrastructure SIP revisions. In these letters, Georgia and North 
Carolina commit to satisfying the PSD program requirements of sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) for the 
2015 8-hour ozone NAAQS by revising their PSD regulations to reflect 
the most recent version of appendix W and submitting SIP revisions 
containing these revised rules within one year of final conditional 
approval.
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    \2\ Georgia's September 24, 2018, infrastructure SIP submission 
cites the following rules to meet the PSD program requirements of 
110(a)(2)(C): Georgia Rules for Air Quality Control 391-3-1-.02--
``Provisions. Amended,'' including PSD requirements under Rule 391-
3-1-.02(7)--``Prevention of Significant Deterioration,'' 391-3-
1-.03--``Permits. Amended,'' including 391-3-1-.03(1)--
``Construction (SIP) Permit,'' and 391-3-1-.03--``Permits. 
Amended,'' including 391-3-1-.03(2)--``Operating (SIP) Permit.'' For 
the PSD program requirements of 110(a)(2)(D)(i)(II)--prong 3 and 
110(a)(2)(J), Georgia cites Rule 391-3-1-.02(7)--``Prevention of 
Significant Deterioration.''
    \3\ North Carolina's September 27, 2018, infrastructure SIP 
submission cites the following rules to meet the PSD program 
requirements of 110(a)(2)(C): 15A North Carolina Administrative Code 
(NCAC) 2D .0500--``Emission Control Standards'' and 15A NCAC 2D 
.0530--``Prevention of Significant Deterioration.'' For the PSD 
program requirements of 110(a)(2)(D)(i)(II)--prong 3 and 
110(a)(2)(J), North Carolina cites 15A NCAC 2D .0530--``Prevention 
of Significant Deterioration.''
    \4\ Section 110(a)(2)(D)(i)(II) contains a provision that 
prohibits emissions activity in one state from interfering with 
measures required to prevent significant deterioration of air 
quality in another state, which is commonly referred to as ``prong 
3.''
    \5\ EPA approved the most recent version of appendix W on 
January 17, 2017, at 82 FR 5182.
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    If Georgia and North Carolina meet their respective commitments 
within one year of the final conditional approval, the PSD-related 
program requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 
(Prong 3), and 110(a)(2)(J) of the conditionally approved 
infrastructure SIP submissions will remain a part of the SIP until EPA 
takes final action approving or disapproving the new SIP revision(s). 
However, if Georgia or North Carolina fails to submit these revisions 
within the one-year timeframe, the conditional approval will 
automatically become a disapproval one year from EPA's final 
conditional approval and EPA will provide notification of the 
disapproval of these requirements. If the conditional approval is 
converted to a disapproval, the final disapproval triggers the FIP 
requirement under CAA section 110(c).
    In the NPRM published on February 11, 2020, EPA proposed to 
conditionally approve Georgia and North Carolina's SIP submissions 
provided on September 24, 2018, and September 27, 2018, for the 
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 
March 12, 2020. EPA received one comment in support of this action and 
did not receive any adverse comments.

II. Final Action

    EPA is taking final action to conditionally approve the portions of 
Georgia's and North Carolina's September 24, 2018, and September 27, 
2018, 2015 8-hour ozone infrastructure SIP submission, respectively, 
that address the PSD-related requirements of CAA sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J). All other outstanding 
applicable infrastructure requirements for this SIP submission have 
been or will be addressed in separate rulemakings.

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 SIPs subject to these 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.
    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 June 15, 2020. Filing a

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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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 17, 2020.
Mary S. Walker,
Regional Administrator, Region 4.

    Title 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 L--Georgia

0
2. Add Sec.  52.569 to read as follows:


Sec.  52.569  Conditional approval.

    Georgia submitted a letter to EPA on November 14, 2019, with a 
commitment to address the State Implementation Plan deficiencies 
regarding the PSD-related requirements of CAA sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) for the 2015 8-hour 
ozone NAAQS. EPA conditionally approved these portions of Georgia's 
September 24, 2018 infrastructure SIP submission in an action published 
in the Federal Register on April 15, 2020. If Georgia fails to meet its 
commitment by April 15, 2021, the conditional approval will become a 
disapproval on that date and EPA will issue a notification to that 
effect.

Subpart II-- North Carolina

0
3. Add Sec.  52.1769 to read as follows:


Sec.  52.1769  Conditional approval.

    North Carolina submitted a letter to EPA on December 16, 2019, with 
a commitment to address the State Implementation Plan deficiencies 
regarding the PSD-related requirements of CAA sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) for the 2015 8-hour 
ozone NAAQS. EPA conditionally approved these portions of North 
Carolina's September 27, 2018 infrastructure SIP submission in an 
action published in the Federal Register on April 15, 2020. If North 
Carolina fails to meet its commitment by April 15, 2021, the 
conditional approval will become a disapproval on that date and EPA 
will issue a notification to that effect.

[FR Doc. 2020-06584 Filed 4-14-20; 8:45 am]
 BILLING CODE 6560-50-P