80 FR 11136 - Approval and Promulgation of Implementation Plans; South Carolina; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 40 (March 2, 2015)
Federal Register Volume 80, Issue 40 (March 2, 2015)
| Page Range | 11136-11138 | |
| FR Document | 2015-04142 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Rules and Regulations] [Pages 11136-11138] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04142] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2012-0694; FRL-9923-56-Region 4] Approval and Promulgation of Implementation Plans; South Carolina; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve the July 17, 2012, State Implementation Plan (SIP) submission, provided by the South Carolina Department of Health and Environmental Control (SC DHEC) for inclusion into the South Carolina SIP. This final rulemaking pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. SC DHEC certified that the South Carolina SIP contains provisions that ensure the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in South Carolina (hereafter referred to as an ``infrastructure SIP submission''). With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting, interstate transport, and visibility protection requirements, EPA is taking final action to approve South Carolina's infrastructure SIP submission, provided to EPA on July 17, 2012, because it addresses the infrastructure elements for the 2008 8- hour ozone NAAQS. DATES: This rule will be effective April 1, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2012-0694. All documents in the docket are listed on the www.regulations.gov Web site. 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, (formerly the Regulatory Development Section), Air Planning and Implementation Branch, (formerly the Air Planning Branch), Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and (2) of the CAA require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance for that new NAAQS. Section 110(a) of the CAA generally requires states to make a SIP submission to meet applicable requirements in order 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. These SIP submissions are commonly referred to as ``infrastructure'' SIP submissions. Section 110(a) imposes the obligation upon states to make an infrastructure 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 infrastructure SIP for a new or revised NAAQS affect the content of the submission. The contents of such infrastructure SIP submissions may also vary depending upon what provisions the state's existing SIP already contains. In the case of the 2008 8-hour ozone NAAQS, states typically have met the basic program elements required in section 110(a)(2) through [[Page 11137]] earlier SIP submissions in connection with previous ozone NAAQS. 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 structural SIP elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS. The requirements of section 110(a)(2) are summarized below and 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).'' \1\ \1\ 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 due at the time the nonattainment area plan requirements are due pursuant to other provisions of the CAA for submission of SIP revisions specifically applicable for attainment planning purposes. 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. Today's proposed rulemaking does not address infrastructure elements related to section 110(a)(2)(I) or the nonattainment planning 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 \2\ --------------------------------------------------------------------------- \2\ This rulemaking only addresses requirements for this element as they relate to attainment areas. --------------------------------------------------------------------------- 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 \3\ --------------------------------------------------------------------------- \3\ As mentioned above, this element is not relevant to today's rulemaking. --------------------------------------------------------------------------- 110(a)(2)(J): Consultation with Government Officials, Public Notification, and Prevention of Significant Deterioration (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 On August 22, 2014, EPA proposed to approve South Carolina's July 17, 2012, 2008 8-hour ozone NAAQS infrastructure SIP submission with the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C) and (J), the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility requirements of section 110(a)(2)(J), which EPA will address in a separate action. See 79 FR 49736. EPA did not receive any comments, adverse or otherwise, on the Agency's August 22, 2014, proposed action. In this rulemaking, EPA is taking final action to approve South Carolina's infrastructure submission as demonstrating that the State meets the applicable requirements of sections 110(a)(1) and (2) of the CAA for the 2008 8-hour ozone NAAQS, as proposed in the Agency's August 22, 2014 rulemaking. EPA will act on other portions of South Carolina's submission in a separate action. II. Final Action With the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C) and (J), the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility requirements of section 110(a)(2)(J), EPA is taking final action to approve South Carolina's July 17, 2012, SIP submission. This submission addresses infrastructure requirements for the 2008 8-hour ozone NAAQS for the South Carolina SIP. With the exceptions noted above SC DHEC has addressed the elements of the CAA 110(a)(1) and (2) SIP requirements pursuant to section 110 of the CAA to ensure that the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in South Carolina. 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. 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. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this action for the state of South Carolina does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Catawba Indian Nation Reservation is located within the State of South Carolina. Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``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.'' However, EPA has determined that because this rule does not have substantial direct effects on an Indian Tribe because, as noted above, this action is not approving any specific rule, but rather proposing that South Carolina's already approved SIP meets certain CAA requirements. EPA notes today's action will not impose [[Page 11138]] 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 May 1, 2015. 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: February 11, 2015. V. Anne Heard, Acting 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 PP--South Carolina 0 2. Section 52.2120(e), is amended by adding a new entry ``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards'' at the end of the table to read as follows: Sec. 52.2120 Identification of plan. * * * * * (e) * * * EPA-Approved South Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Provision effective date EPA Approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 7/17/2012 3/2/2015 [Insert citation With the exception of PSD Requirements for the 2008 8-Hour of publication]. permitting requirements for Ozone National Ambient Air Quality major sources of sections Standards. 110(a)(2)(C) and (J); interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II), and the visibility requirements of section 110(a)(2)(J). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-04142 Filed 2-27-15; 8:45 am] BILLING CODE 6560-50-P
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proposed rulemaking for this action ENVIRONMENTAL PROTECTION available either electronically through
published in the proposed rules section AGENCY www.regulations.gov or in hard copy at
of today’s Federal Register, rather than the Air Regulatory Management Section,
file an immediate petition for judicial 40 CFR Part 52 (formerly the Regulatory Development
review of this direct final rule, so that [EPA–R04–OAR–2012–0694; FRL–9923–56– Section), Air Planning and
EPA can withdraw this direct final rule Region 4] Implementation Branch, (formerly the
and address the comment in the Air Planning Branch), Air, Pesticides
proposed rulemaking. This action may Approval and Promulgation of and Toxics Management Division, U.S.
not be challenged later in proceedings to Implementation Plans; South Carolina; Environmental Protection Agency,
enforce its requirements. (See section Infrastructure Requirements for the Region 4, 61 Forsyth Street SW.,
307(b)(2).) 2008 8-Hour Ozone National Ambient Atlanta, Georgia 30303–8960. EPA
Air Quality Standards requests that if at all possible, you
List of Subjects in 40 CFR Part 52 contact the person listed in the FOR
AGENCY: Environmental Protection
FURTHER INFORMATION CONTACT section to
Environmental protection, Air Agency (EPA).
pollution control, Carbon monoxide, schedule your inspection. The Regional
ACTION: Final rule.
Incorporation by reference, Office’s official hours of business are
Intergovernmental relations, Nitrogen SUMMARY: The Environmental Protection Monday through Friday, 8:30 a.m. to
dioxide, Ozone, Particulate matter, Agency (EPA) is taking final action to 4:30 p.m. excluding Federal holidays.
Reporting and recordkeeping approve the July 17, 2012, State FOR FURTHER INFORMATION CONTACT:
requirements, Volatile organic Implementation Plan (SIP) submission, Nacosta C. Ward, Air Regulatory
compounds. provided by the South Carolina Management Section, Air Planning and
Department of Health and Implementation Branch, Air, Pesticides
Dated: February 12, 2015. Environmental Control (SC DHEC) for and Toxics Management Division, U.S.
Susan Hedman, inclusion into the South Carolina SIP. Environmental Protection Agency,
Regional Administrator, Region 5. This final rulemaking pertains to the Region 4, 61 Forsyth Street SW.,
Clean Air Act (CAA or the Act) Atlanta, Georgia 30303–8960. The
40 CFR part 52 is amended as follows: infrastructure requirements for the 2008 telephone number is (404) 562–9140.
8-hour ozone national ambient air Ms. Ward can be reached via electronic
PART 52—APPROVAL AND quality standards (NAAQS). The CAA mail at ward.nacosta@epa.gov.
PROMULGATION OF requires that each state adopt and SUPPLEMENTARY INFORMATION:
IMPLEMENTATION PLANS submit a SIP for the implementation,
maintenance and enforcement of each I. Background
■ 1. The authority citation for part 52 NAAQS promulgated by EPA, which is Upon promulgation of a new or
continues to read as follows: commonly referred to as an revised NAAQS, sections 110(a)(1) and
Authority: 42 U.S.C. 7401 et seq. ‘‘infrastructure’’ SIP. SC DHEC certified (2) of the CAA require states to address
that the South Carolina SIP contains basic SIP requirements, including
■ 2. Section 52.1880 is amended by provisions that ensure the 2008 8-hour emissions inventories, monitoring, and
adding paragraph (u) to read as follows: ozone NAAQS is implemented, modeling to assure attainment and
enforced, and maintained in South maintenance for that new NAAQS.
§ 52.1880 Control strategy; Particulate Carolina (hereafter referred to as an
matter.
Section 110(a) of the CAA generally
‘‘infrastructure SIP submission’’). With requires states to make a SIP submission
* * * * * the exception of provisions pertaining to to meet applicable requirements in
(u) Approval—On August 20, 2014, prevention of significant deterioration order to provide for the implementation,
the State of Ohio submitted a revision (PSD) permitting, interstate transport, maintenance, and enforcement of a new
to their Particulate Matter State and visibility protection requirements, or revised NAAQS within three years
Implementation Plan. The submittal EPA is taking final action to approve following the promulgation of such
established transportation conformity South Carolina’s infrastructure SIP NAAQS, or within such shorter period
‘‘Conformity’’ criteria and procedures submission, provided to EPA on July 17, as EPA may prescribe. These SIP
related to interagency consultation, and 2012, because it addresses the submissions are commonly referred to
enforceability of certain transportation infrastructure elements for the 2008 8- as ‘‘infrastructure’’ SIP submissions.
related control and mitigation measures. hour ozone NAAQS. Section 110(a) imposes the obligation
DATES: This rule will be effective April upon states to make an infrastructure
■ 3. Section 52.1885 is amended by
1, 2015. SIP submission to EPA for a new or
adding paragraph (ll) to read as follows:
ADDRESSES: EPA has established a revised NAAQS, but the contents of that
§ 52.1885 Control strategy; Ozone. docket for this action under Docket submission may vary depending upon
* * * * * Identification No. EPA–R04–OAR– the facts and circumstances. In
2012–0694. All documents in the docket particular, the data and analytical tools
(ll) Approval—On August 20, 2014, are listed on the www.regulations.gov available at the time the state develops
the State of Ohio submitted a revision Web site. Although listed in the index, and submits the infrastructure SIP for a
to their Ozone State Implementation some information is not publicly new or revised NAAQS affect the
Plan. The submittal established available, i.e., Confidential Business content of the submission. The contents
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transportation conformity ‘‘Conformity’’ Information or other information whose of such infrastructure SIP submissions
criteria and procedures related to disclosure is restricted by statute. may also vary depending upon what
interagency consultation, and Certain other material, such as provisions the state’s existing SIP
enforceability of certain transportation copyrighted material, is not placed on already contains. In the case of the 2008
related control and mitigation measures. the Internet and will be publicly 8-hour ozone NAAQS, states typically
[FR Doc. 2015–04146 Filed 2–27–15; 8:45 am] available only in hard copy form. have met the basic program elements
BILLING CODE 6560–50–P Publicly available docket materials are required in section 110(a)(2) through
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earlier SIP submissions in connection • 110(a)(2)(K): Air Quality Modeling impose additional requirements beyond
with previous ozone NAAQS. and Submission of Modeling Data those imposed by State law. For that
More specifically, section 110(a)(1) • 110(a)(2)(L): Permitting fees reason, this action:
provides the procedural and timing • 110(a)(2)(M): Consultation and • Is not a ‘‘significant regulatory
requirements for SIPs. Section 110(a)(2) Participation by Affected Local action’’ subject to review by the Office
lists specific elements that states must Entities of Management and Budget under
meet for infrastructure SIP requirements Executive Order 12866 (58 FR 51735,
On August 22, 2014, EPA proposed to
related to a newly established or revised October 4, 1993);
approve South Carolina’s July 17, 2012, • does not impose an information
NAAQS. As mentioned above, these
requirements include basic structural 2008 8-hour ozone NAAQS collection burden under the provisions
SIP elements such as modeling, infrastructure SIP submission with the of the Paperwork Reduction Act (44
monitoring, and emissions inventories exception of the PSD permitting U.S.C. 3501 et seq.);
that are designed to assure attainment requirements for major sources of • is certified as not having a
and maintenance of the NAAQS. The sections 110(a)(2)(C) and (J), the significant economic impact on a
requirements of section 110(a)(2) are interstate transport requirements of substantial number of small entities
summarized below and in EPA’s section 110(a)(2)(D)(i)(I) and (II) (prongs under the Regulatory Flexibility Act (5
September 13, 2013, memorandum 1 through 4), and the visibility U.S.C. 601 et seq.);
entitled ‘‘Guidance on Infrastructure requirements of section 110(a)(2)(J), • does not contain any unfunded
State Implementation Plan (SIP) which EPA will address in a separate mandate or significantly or uniquely
Elements under Clean Air Act Sections action. See 79 FR 49736. EPA did not affect small governments, as described
110(a)(1) and 110(a)(2).’’ 1 receive any comments, adverse or in the Unfunded Mandates Reform Act
• 110(a)(2)(A): Emission Limits and otherwise, on the Agency’s August 22, of 1995 (Pub. L. 104–4);
Other Control Measures 2014, proposed action. In this • does not have Federalism
• 110(a)(2)(B): Ambient Air Quality rulemaking, EPA is taking final action to implications as specified in Executive
Monitoring/Data System approve South Carolina’s infrastructure Order 13132 (64 FR 43255, August 10,
• 110(a)(2)(C): Programs for submission as demonstrating that the 1999);
Enforcement of Control Measures and State meets the applicable requirements • is not an economically significant
for Construction or Modification of of sections 110(a)(1) and (2) of the CAA regulatory action based on health or
Stationary Sources 2 for the 2008 8-hour ozone NAAQS, as safety risks subject to Executive Order
• 110(a)(2)(D)(i)(I) and (II): Interstate proposed in the Agency’s August 22, 13045 (62 FR 19885, April 23, 1997);
Pollution Transport 2014 rulemaking. EPA will act on other • is not a significant regulatory action
• 110(a)(2)(D)(ii): Interstate Pollution portions of South Carolina’s submission subject to Executive Order 13211 (66 FR
Abatement and International Air in a separate action. 28355, May 22, 2001);
Pollution • is not subject to requirements of
• 110(a)(2)(E): Adequate Resources and II. Final Action
Section 12(d) of the National
Authority, Conflict of Interest, and With the exception of the PSD Technology Transfer and Advancement
Oversight of Local Governments and permitting requirements for major Act of 1995 (15 U.S.C. 272 note) because
Regional Agencies sources of sections 110(a)(2)(C) and (J), application of those requirements would
• 110(a)(2)(F): Stationary Source the interstate transport requirements of be inconsistent with the CAA; and
Monitoring and Reporting section 110(a)(2)(D)(i)(I) and (II) (prongs • does not provide EPA with the
• 110(a)(2)(G): Emergency Powers 1 through 4), and the visibility discretionary authority to address, as
• 110(a)(2)(H): SIP revisions requirements of section 110(a)(2)(J), EPA appropriate, disproportionate human
• 110(a)(2)(I): Plan Revisions for
is taking final action to approve South health or environmental effects, using
Nonattainment Areas 3
Carolina’s July 17, 2012, SIP practicable and legally permissible
• 110(a)(2)(J): Consultation with
Government Officials, Public submission. This submission addresses methods, under Executive Order 12898
Notification, and Prevention of infrastructure requirements for the 2008 (59 FR 7629, February 16, 1994).
8-hour ozone NAAQS for the South In addition, this action for the state of
Significant Deterioration (PSD) and
Carolina SIP. With the exceptions noted South Carolina does not have Tribal
Visibility Protection
above SC DHEC has addressed the implications as specified by Executive
1 Two elements identified in section 110(a)(2) are elements of the CAA 110(a)(1) and (2) Order 13175 (65 FR 67249, November 9,
not governed by the three year submission deadline SIP requirements pursuant to section 2000). The Catawba Indian Nation
of section 110(a)(1) because SIPs incorporating 110 of the CAA to ensure that the 2008 Reservation is located within the State
necessary local nonattainment area controls are not 8-hour ozone NAAQS is implemented, of South Carolina. Pursuant to the
due within three years after promulgation of a new
or revised NAAQS, but rather due at the time the enforced, and maintained in South Catawba Indian Claims Settlement Act,
nonattainment area plan requirements are due Carolina. S.C. Code Ann. 27–16–120, ‘‘all state
pursuant to other provisions of the CAA for and local environmental laws and
submission of SIP revisions specifically applicable III. Statutory and Executive Order regulations apply to the [Catawba Indian
for attainment planning purposes. These Reviews Nation] and Reservation and are fully
requirements are: (1) Submissions required by
section 110(a)(2)(C) to the extent that subsection Under the CAA, the Administrator is enforceable by all relevant state and
refers to a permit program as required in part D required to approve a SIP submission local agencies and authorities.’’
Title I of the CAA; and (2) submissions required by that complies with the provisions of the However, EPA has determined that
section 110(a)(2)(I) which pertain to the
Act and applicable Federal regulations. because this rule does not have
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nonattainment planning requirements of part D,
Title I of the CAA. Today’s proposed rulemaking 42 U.S.C. 7410(k); 40 CFR 52.02(a). substantial direct effects on an Indian
does not address infrastructure elements related to Thus, in reviewing SIP submissions, Tribe because, as noted above, this
section 110(a)(2)(I) or the nonattainment planning EPA’s role is to approve state choices, action is not approving any specific
requirements of 110(a)(2)(C).
2 This rulemaking only addresses requirements
provided that they meet the criteria of rule, but rather proposing that South
for this element as they relate to attainment areas. the CAA. Accordingly, this action Carolina’s already approved SIP meets
3 As mentioned above, this element is not merely approves state law as meeting certain CAA requirements. EPA notes
relevant to today’s rulemaking. federal requirements and does not today’s action will not impose
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substantial direct costs on Tribal Court of Appeals for the appropriate Dated: February 11, 2015.
governments or preempt Tribal law. circuit by May 1, 2015. Filing a petition V. Anne Heard,
The Congressional Review Act, 5 for reconsideration by the Administrator Acting Regional Administrator, Region 4.
U.S.C. 801 et seq., as added by the Small of this final rule does not affect the
Business Regulatory Enforcement 40 CFR part 52 is amended as follows:
finality of this action for the purposes of
Fairness Act of 1996, generally provides judicial review nor does it extend the PART 52—APPROVAL AND
that before a rule may take effect, the time within which a petition for judicial PROMULGATION OF
agency promulgating the rule must review may be filed, and shall not IMPLEMENTATION PLANS
submit a rule report, which includes a postpone the effectiveness of such rule
copy of the rule, to each House of the or action. This action may not be ■ 1. The authority citation for part 52
Congress and to the Comptroller General continues to read as follows:
challenged later in proceedings to
of the United States. EPA will submit a
enforce its requirements. See section Authority: 42 U.S.C. 7401 et seq.
report containing this action and other
307(b)(2).
required information to the U.S. Senate, Subpart PP—South Carolina
the U.S. House of Representatives, and List of Subjects in 40 CFR Part 52
the Comptroller General of the United ■ 2. Section 52.2120(e), is amended by
States prior to publication of the rule in Environmental protection, Air adding a new entry ‘‘110(a)(1) and (2)
the Federal Register. A major rule pollution control, Incorporation by Infrastructure Requirements for the 2008
cannot take effect until 60 days after it reference, Intergovernmental relations, 8-Hour Ozone National Ambient Air
is published in the Federal Register. Nitrogen dioxide, Ozone, Reporting and Quality Standards’’ at the end of the
This action is not a ‘‘major rule’’ as recordkeeping requirements, Volatile table to read as follows:
defined by 5 U.S.C. 804(2). organic compounds.
Under section 307(b)(1) of the CAA, § 52.2120 Identification of plan.
petitions for judicial review of this * * * * *
action must be filed in the United States (e) * * *
EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
State effective EPA Approval
Provision Explanation
date date
* * * * * * *
110(a)(1) and (2) Infrastructure Re- 7/17/2012 3/2/2015 [Insert With the exception of PSD permitting requirements for major sources
quirements for the 2008 8-Hour citation of pub- of sections 110(a)(2)(C) and (J); interstate transport requirements of
Ozone National Ambient Air lication]. section 110(a)(2)(D)(i)(I) and (II), and the visibility requirements of
Quality Standards. section 110(a)(2)(J).
[FR Doc. 2015–04142 Filed 2–27–15; 8:45 am] SUPPLEMENTARY INFORMATION: approaches that maximize net benefits
BILLING CODE 6560–50–P (including potential economic,
A. Background
environmental, public health and safety
An interim rule was published on July effects, distributive impacts, and
NATIONAL AERONAUTICS AND 29, 2014 (79 FR 43958) implementing 10 equity). E.O. 13563 emphasizes the
SPACE ADMINISTRATION U.S.C. 2409, as amended by section 846 importance of quantifying both costs
of the national Defense Authorization and benefits, of reducing costs, of
48 CFR Parts 1803, 1816, and 1852 Act for FY 2008 (Pub. L. 110–181) and harmonizing rules, and of promoting
RIN 2700–AE08 section 827 of the National Defense flexibility. This rule is not a major rule
Authorization Act for FY 2013 (Pub. L. under 5 U.S.C. 804.
NASA Federal Acquisition Regulation 112–239). The interim rule
Supplement (NFS); Contractor implemented Whistleblower protections C. Regulatory Flexibility Act
Whistleblower Protections for contractor employees performing
under contracts with NASA. NASA certifies that this final rule will
AGENCY: National Aeronautics and not have a significant economic impact
On August 29, 2014, technical
Space Administration. on a substantial number of small entities
amendments to the interim rule were
ACTION: Final rule. published in the Federal Register (79 within the meaning of the Regulatory
FR 51501). The technical amendments Flexibility Act, at 5 U.S.C. 601, et seq.,
SUMMARY: NASA has adopted, without because it does not alter the solicitation
corrected the numbering of two
change, an interim rule amending the or contract polices or procedures, nor
sections. NASA received no comments
NASA FAR Supplement (NFS) to does it create whistleblower protections
on the interim rule and has adopted the
implement Contractor Whistleblower for contractor employees. Such
interim rule as a final rule without
Protections. protections currently exist and this case
change.
wreier-aviles on DSK5TPTVN1PROD with RULES
DATES: Effective date: April 1, 2015. sets forth requirements for contractors to
B. Executive Orders 12866 and 13563 notify employees of their rights and
FOR FURTHER INFORMATION CONTACT:
Leigh Pomponio, NASA, Office of Executive Orders (E.O.s) 12866 and includes procedures and processes for
Procurement, Contract and Grant Policy 13563 direct agencies to assess all costs contractor employees to exercise their
Division, 300 E Street SW. (Suite 5K32), and benefits of available regulatory rights.
Washington, DC 20546; (202) 358–0592; alternatives and, if regulation is
email: leigh.pomponio@NASA.gov. necessary, to select regulatory
VerDate Sep<11>2014 14:17 Feb 27, 2015 Jkt 235001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\02MRR1.SGM 02MRR1](https://thefederalregister.org/doc/80_FR_11176/page/3.svg)
Document Created: 2015-12-18 12:08:01
Document Modified: 2015-12-18 12:08:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective April 1, 2015. | |
| Contact | Nacosta C. Ward, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected] | |
| FR Citation | 80 FR 11136 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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